A Legal Guide to Storrowing

Many Bostonians are familiar with “Storrowing” due to the low bridges in Boston, the drivers who slam into them, and the resulting injuries, traffic chaos, and property damage. If you were hurt in such an incident or were the driver of a Storrowing vehicle, it is important to be aware of issues related to liability and your rights. Storrowing accidents are not as simple as they might seem.

For instance, if you were hurt and were not the driver, you might have to seek compensation through multiple insurance policies. If you were the driver and rented your truck or van, the rental company may share responsibility. The same idea applies if you were driving while on the job. Truck accident lawyers may be able to help.

What is Storrowing?

Storrow Drive, Soldiers Field Road, Memorial Drive, and other Boston streets feature low bridges that endure their share of vehicles running into them. For example, the Harvard Street Bridge has experienced more than 30 strikes in the past decade or so, according to Massachusetts crash data.

College students, their families, and other people come from out of town, rent moving vans or trucks that are too high for these bridges, and then sometimes drive into them. Visitors are not the only ones causing these accidents, though. The crashes can involve commercial trucks, box trucks, rental moving vans, and delivery vans.

Just one incident of a slow-moving vehicle slamming into a bridge can tear the vehicle’s roof off, scatter cargo, and injure the driver as well as nearby motorists and passengers. The traffic jams can be enormous, with lanes closed for hours due to towing and cleanup. Police often issue citations.

Who is legally responsible for Storrowing incidents?

Storrowing can result in legal claims for personal injuries, medical bills, lost wages, property damage, and government repair costs. To figure out liability, the law in Massachusetts looks at negligence. Often, more than one party shares blame. Common parties who hold at least some legal responsibility include these:

• The driver: There are posted clearance signs and other warnings. Drivers may not see them or may ignore them outright. Alternatively, drivers may misjudge the height of their truck or van, be driving distracted, or rely on GPS to tell them if a route is unsafe for their vehicle.
• Truck or van rental company: Federal law generally shields rental companies from liability for a driver’s negligence, but they may still be liable if their own negligence contributed, such as if they provided incorrect vehicle information. There is no Massachusetts statute specifically requiring rental companies to give warnings about low bridges on Storrow Drive and elsewhere. However, general negligence and consumer protection laws may impose duties in some circumstances. Rental companies may share liability if they posted inaccurate information about the vehicle height, gave wrong instructions, or rented a vehicle inappropriate for a route they recommended. A company could be liable if it knew the renter’s destination was on Storrow Drive or another low-clearance road, that the driver planned to use that road, the vehicle was too high for the road, and yet the company said the route was fine.
• Employers or commercial carriers: Vicarious liability under Massachusetts law can hold employers responsible for employees’ actions performed under job duties. Employers could share liability if they improperly trained drivers, ignored known Storrowing risks, or forced drivers to meet unrealistic schedules.
• Government entities: Rarely, a government entity could share in liability if signs or warnings were missing, damaged, hidden, or otherwise inadequate. Do note that claims against government entities are limited and must comply with the Massachusetts Tort Claims Act, including presentment notice within two years. These claims carry a cap of $100,000.00, limiting recovery.

A truck accident lawyer can help you figure out who might share liability in your case. If you have been injured, get medical care to document these injuries and link them to the Storrowing crash. Report your involvement in the crash, if that has not yet been done. Use photos and videos of your injuries for additional documentation, and document the crash scene, if possible.

Be cautious of quick settlement offers from the insurance company. Unfairly low payouts early in the process are common, and a truck accident attorney can advocate for your best interests.

What might insurance cover in Storrowing accidents?

Storrowing insurance coverage can vary widely, and several policies could apply in a specific case. Depending on the extent of the personal injuries and the structural damage, the driver could end up personally responsible in some aspects if policy limits are exceeded or if some types of insurance do not apply.

The priority in which policies apply, and at what point, generally depends on policy language, excess clauses, statutory minimums, employment status, and vehicle ownership. One policy might be primary, with the others used in descending order of priority. The list below is only an example, with the facts of each case and insurance policy language determining actual priority.

• Employer’s commercial policy (if the driver was performing job duties)
• Rental company insurance policy (may have language saying it should be the first priority)
• Supplemental rental coverage (may cover vehicle damage, but excludes bridge damage and violations of rental terms)
• Employer’s umbrella or excess policy (if the driver was performing job duties)
• Driver’s personal auto policy (often excluded if the driver was performing job duties, depending on policy terms)
• Health insurance and medical payments insurance (injured people often use their own health insurance first and later use a claim or lawsuit to seek reimbursement from the at-fault party)
• Credit card policy (rarely applies to trucks)
• The driver personally pays what is left

There are many ways different insurance policies could apply, depending on the facts in play. A truck accident attorney can assess the particulars of your situation. For questions, contact us today at Santoro & Gray to schedule a complimentary case evaluation.