Boston Car Accident Lawyer Blog

Auto insurance companies have a laundry list of ways to limit or circumvent liability for claims in major accidents. One of the most notorious methods is a “step-down provision.”

Applicable in a range of circumstances, the step-down provision holds that, under certain conditions, the insurer will only cover the statutory minimum required by law, as opposed to the liability limit for which the insured actually paid. One type of step-down provision is the family step-down provision. It holds that if one of the injured parties is a family or household member of the at-fault party, the insurance coverage will “step down” to the statutory minimum.

Our Boston car accident lawyers understand that while insurers have successfully asserted this clause in crash cases across the country, a number of state supreme courts and legislators have stepped in to find such clauses contrary to public policy. That means the greater public good is harmed by enforcement of such a provision.

Recently, South Carolina joined the ranks of states standing up to insurers on this issue, with the state supreme court ruling in Williams v. GEICO. The insurance company in this case attempted to stretch the family step-down provision to the at-fault driver’s wife (as a family member), despite the fact that she was also a named insured.
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While we might expect to see gators sunning themselves at roadside on some long strip of highway in the Florida Everglades, such scenes would be highly unexpected here in Massachusetts.

We do, however, have an abundance of “road gators,” as they are often called. Although not a massive reptilian, they bear a striking resemblance to such – and can be far more dangerous. “Road gators” are shreds of debris, usually steel-reinforced truck tires that can stretch anywhere from 8 to 10 feet long and weigh 70 pounds or more. This debris is often found on the highway shoulder, but sometimes found lying squarely in the middle of the road – and can cause a serious accident, particularly when on interstates with speed limits of 70 miles-per-hour.

It’s a particular problem in summer, according to the National Highway Transportation Safety Administration. Hot pavement contributes to tire wear and tear, and these problems stretch well into September. Often, people swerve to avoid debris, but the chain reaction ends up being worse than if they had actually struck it. The NHTSA reports swerving to avoid roadway debris causes some 25,0009 crashes each year.

Our car accident lawyers in Massachusetts know liability in these cases can be tricky. Unless it occurs directly in front of the injured party or witnesses, it may be next to impossible to identify the truck from which the debris originated.
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According to a recent news report from ABC 40, two people were hospitalized after a four-car accident in Western Massachusetts. The accident occurred at an intersection around noon.

Emergency crews arrived to find three cars heavily damaged and one car that had sustained minor damage. One of the drivers sustained serious injuries and was taken to the hospital. Another driver was taken to the hospital with what were described as non-life-threatening injuries.

Two other drivers and two passengers refused treatment when asked by paramedics if they needed to go the hospital. It has been reported that one of the vehicles ran a red traffic signal, and that may have been the reason for the crash.

As your Boston car accident attorney understands, you should never refuse medical attention if you have been in an automobile accident if offered by the paramedics, EMTs, police, or firefighters. You may not realize the extent of your injuries or even whether you have any injuries at all.
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According to a recent article in the Boston Herald, Jalen Saunders, a rookie wide receiver who plays for the New York Jets, was in a single vehicle crash. He is reported to be in the hospital for observation, and there has been no word on the seriousness of his injuries. He is expected to miss at least one preseason game due to his hospitalization.

As our Boston car accident attorneys understand, single vehicle accidents can pose unique challenges to an injured victim. First, it should be noted that just because there was only one vehicle that crashed, does not mean that it was the injured driver’s fault.

Often times a driver will act in a manner that causes another driver to crash without crashing his or her own vehicle. We tend to see this when a driver weaves or makes an unsafe lane change, or even drives the wrong way down a street, causing another vehicle to take evasive action. Swerving out the way may lead to running off the road and crashing into an object like a utility pole or having a rollover accident.
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As your Boston car accident lawyer can explain, insurance companies will often engage in substantial litigation to avoid paying claims.

Progressive Casualty Insurance Co. v. MMG Insurance Co. involved a car passenger who suffered severe personal injuries as a result of a motor vehicle accident. Those injuries cost him much more than $500,000, which was the policy limit on the vehicle
The victim’s mother owned the car. The driver of the car was the sole person liable for the single-car crash.
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