October 11, 2010, Girard, PA — A Springfield Township man has been jailed on allegations of vehicular assault following an Erie County motor vehicle accident in a Girard parking lot. Another man was hospitalized and is in fair condition at Hamot Medical Center as a result of the incident.
David Gordon, 46, of Springfield Township is being held at the Erie County Prison on charges including aggravated assault by vehicle, recklessly endangering another person and driving under the influence. Police said that Mr. Gordon and Douglas Fish, also of Springfield Township, were involved in a minor accident Saturday at 2:20 a.m. in the parking lot of Hunter Jack’s, 10100 Ridge Road. Mr. Fish was apparently standing next to Mr. Gordon’s driver door when Mr. Gordon suddenly accelerated in reverse, striking Mr. Fish.
Mr. Fish suffered serious injuries, including a compound fracture of his right leg.
It is often difficult to judge the nuances of a scenario like this one based only the preliminary reports. But to an experienced Erie car accident lawyer, one issue leaps off the page. Mr. Gordon’s intent may make all the difference in whether or not Mr. Fish is ever able to recover compensation for his injuries.
All Pennsylvania auto insurance policies have a provision that excludes coverage for intentional acts. Thus, if it is found that Mr. Gordon intended to harm Mr. Fish then Mr. Gordon will have no coverage. The practical effect of such a consequence is likely that there will be no meaningful recovery for Mr. Fish.* On the other hand, if Mr. Gordon’s actions, however reckless, fall short of intentional action then Mr. Gordon may be entitled to coverage and Mr. Fish will be able to recover against him. Proving intent one way or the other will be one of the challenges faced by whomever ultimately ends up helping Mr. Fish in his effort to obtain compensation for his injuries.
For more information on car accidents, visit our car accident page or take advantage of our offer to give you a free book on car accidents, “The Ultimate Guide to Car Accident Cases in Pennsylvania: A Roadmap to Justice.” We are Erie car accident lawyers who believe in providing free information to the public about car accident injuries and the cases that result from them. To schedule a free consultation with one of our experienced Erie lawyers, call today toll free at 814-833-7100 or locally at 814-833-7100.
* Other issues will affect this outcome, too, including matters such as Mr. Fish’s uninsured motorist coverage, if any.