Considering there are signs warning about bridge clearances and the driver clearly didn't hit the brakes, I don't see how this isn't negligence. You have to be going pretty damn fast to make it all the way through the bridge and then have stuff on either side of it as well as underneath. Talk to your homeowners insurance company, get a lawyer, chargeback on the credit card, and I'd even consider getting a local news channel involved.

Uhh, you still haven't sued them? As a lawyer, I must tell you that you have what we call a "gorgeous" case. You are at a point where you can sue their posterior and win easily. Usually insurance contracts mention "acts of God", and... this one isn't. I refuse to believe that God created this truck driver that stupid!!! Any lawyer can start by getting his driving records and any complain or lawsuit against the company. That's for starters, take it from there!

I think you need new eyes, son... it's clearly configured as a convertible.

@jimmydeweasel: Oh yeah, this is all Bush's fault. Like everything else in the country, apparently.

That looked like a fucking nightmare. I feel really bad for these guys.

FOR SALE: 2005 Sofa. Good condition. Low mileage. (Mostly highway miles.) $100/OBO

The "professional" mover was obviously not from Boston, or was completely inept, or he would have known.

Personally I'd drive the Uhaul myself, not sure how much a moving company costs to move your stuff I'd imagine a few thousand dollars, but paying that much doesn't give you piece of mind, so why not spend that money on new furniture?

I do hope you get something out of this, that's gotta hurt bad

What these commenters are not pointing out is that if try to fix this in court, you're not going to see a cent for years. If you have renters or homeowners insurance, go to them first, not to a lawyer.

I would also file a chargeback ASAP. I think if you explain the situation, the decision of the credit card company should be obvious :/

I hope not to make any interstate moves in the near future. If I do, I sure as hell won't use Broadway Express!

Pay the lawyer by the hour--perfectly reasonable.

Sue the moving company for damages (replacement value for everything--THIS AIN"T NO HOMEOWNERS INSURANCE REPLACEMENT), court costs, and lawyer's fees.

Am I forgetting anything?

This is another example of a slam dunk.

I'd say that you don't even have to hire a lawyer. Save the money and sue them pro se.

Bad idea. Aside from the technical aspects that you'll have to spend time learning about (and hoping you don't mess up), you may not HAVE to sue if you have a lawyer.

Bottom line is that when you have a situation like this involving a corporation and/or an insurance company, they WILL NOT TAKE YOU SERIOUSLY until you have an attorney doing the talking for you. Period. Sometimes all your attorney needs to do is be there in order to get a decent settlement offer. But if you don't have a lawyer, they'll screw you six ways to Sunday.

I would suggest $1.50 per pound or actual replacement cost with a zero deductible. The $1.50 per pound is generally enough without being excessive. And the actual replacement cost with a zero deductible is comprehensive though excessive in price.

I suggest you call a Boston attorney - in the past I have used Steve Brooks (617.951.2300). Ask him or another attorney if you can see them for a 20 minutes or explain the situation over the phone. Try to get specific guidance and find out if it is worth your while to hire him or another attorney. If you do get a chance to see an attorney try to be as exact and concise as possible when explaining the situation even if the attoreny sees you for free.

Also go over this thread and write down a detailed outline of all the advice in this thread. Thre is a lot of good stuff here and having it in an outline form could help you formulate your strategy.

Really sorry about your situation and wish you the best of luck. Being through a couple moves with minor damage I can't imagine how badly you feel. Good luck.

@bobbleheadr: Seems to me that the contract initiated as soon as the movers touched the belongings to pack. You don't pay until you receive your goods at the other end. So no contract would be in effect until they delivered the belongings?

@Farquar: Your advice is sound. (Did you know Obama was a muslim?) But the state/federal issue is one of the biggest problems in the moving industry (well, for users of the industry). It's almost impossible to seek relief against moving companies because there is little to no federal regulation on the industry, and states only regulate intrastate moves.

If the truck had crossed into another state and THEN hit the bridge, sure, there'd be issues with that state for all of the driving infractions, but remedying the move would become much more complicated -- who is there to hold them responsible in a regulatory manner? The BBB?

That said, the fact that they hadn't left the state may not matter... :( Either way, you're pretty much screwed outside of a civil suit.

What I want to know is...if this happens all the time, who the hell feels comfortable driving OVER that bridge??? Wouldn't a constant barrage of trucks slamming into the bridge cause some structural damage???

Being as truckers are SUPPOSED to be using THAT and not the standard road maps as a guide, you can bet that you can prove negligence.

I would look very carefully at the moving statute for MA- it may be different from my state.

Great googly moogly!

I would be horrified if this happened. HORRIFIED. I would also call lawyer(s) ASAP. Can we have a follow-up story on this? I would really like to know what happens.

That is unbelievable.... I'm really sorry that happened to you.

After 10 years of being in the business of insuring moving companies...........

I don't know where anyone is getting their information regarding the 60¢/lb only being applicable in the case of accidents, but they're wrong. The carrier is only legally liable for 60¢/lb *regardless* of the reason for your loss or damage (that's why they call it "legal liability". Now, you might be able to sue them... and you just might win (you even SHOULD win)... but their insurance carrier's liability is only to pay you 60¢/lb.

On top of that, you're not going to get 'replacement cost' through any settlement with the mover's cargo insurance company. Any settlement will be at what your stuff is worth now, not what it would cost you to replace. There's a reason that moving company's offer you separate insurance coverage, and it's not their problem that you gambled and lost (even if it *IS* their fault).

Also, almost nobody's homeowners insurance will cover their stuff while it's in the possession of a moving company. There are exceptions (Chubb is one that I can think of off the top of my head), but as a rule, your homeowners or renters insurance is not going to cover it.

And to the poster who said: "If I ever get professional movers to move my stuff I'm using lead shot as packing material. Each box is going to weigh 300lbs. As long as I don't have more than $180 of stuff per box I'm ok :) "............ The only person you're screwing with that routine is you. Local moves are charged by the hour. How much longer do you think it'll take your movers with stupidly heavy boxes. Long-distance moves are done by weight. I don't think I need to explain the stupidity of your plan there, do I?

Lastly, I don't understand how anyone thinks this 'accident" is any different than any other kind of negligence by the mover. If the driver leaves the door of the truck open, and half your stuff falls off, that's negligence. If he tries to carry your piano up the stairs alone because he's thinks he's the hulk, when he drops it, that's negligence, too. But it's still all only worth 60¢/lb.

Heck, I had a storage unit for about 21 years -- just one unit. At various times I've had two, including that one.

Yes, I'm a pack rat.

Clearly the driver needs to be put away somewhere where he won't be able to hurt himself or anyone else. Padded walls sound like just the thing.

I've often wondered if the "Reverse the Curse" sign on the Longfellow bridge referred to the Red Sox, or the bevy of trucks it has claimed over the years! Surely the spirits of many trucks still haunt Storrow Drive during the day!

Roger that! I'll keep ABF in mind for the next time we move cross-country, which will hopefully never happen! : )

@Beelzebub:

Methinks your understanding of jurisdiction and choice of laws is incorrect. Whether the truck crossed state lines wouldn't have any bearing the ability to apply state law, or the venue. Not really an issue.. but be careful what you say on the internets.. people will believe you.

While I would agree that you should take them to court, but only as a last resort.

See what they are offering. If they don't pony up and reimburse you PLUS damages, then I'd slap them with a lawsuit.

I find it's always better to settle out of court than settle in court because you never know what's going to happen.

I have said a zillion times, "If I were in Chicago I could honk at them." They don't play in Chicago. As soon as the light turns green you better be on the gas and God help you if your car stalls.

@keith4298 "I'd say that you don't even have to hire a lawyer. Save the money and sue them pro se. With these pictures and a truck that clearly had no business being on that road, you could write your complaint in crayon and come out a winner.
":

I completely disagree. You never know what's going to happen, and with a case like this, you'll probably recover costs anyway, so go get a good lawyer and settle or smash-in-face.

On the other hand, freight or the self-pack pod thingies seem to work well for a lot of people.

Definately a case of overt negligence. Through the principle of "vicarious liability" you might be able to sue both the company AND the negligent driver.

@Skankingmike: But if you can't track down enough friends to help you move across the country what are you going to do then?

Now on to my personal thoughts: I have a Class A CDL w/ Doubles and Triples endorsement. Although I'm not too experienced, I doubt it will ever change that whenever I drive a rig under any structure, even when I can clearly see from the posted signs that the structure is much higher than my rig, it scares the piss out of me.

A driver should ALWAYS know the exact height of his rig. And if for whatever reason he is unsure, the standard height of a van trailer is 13'6", 2'6" higher that the posted sign of 11" on that bridge! I could understand if he hit a 13'6" structure or even a 13'0" structure (subconsciously thinking 13' bridge, 13' trailer, oops for got about the inches...), but ELEVEN FEET?!?

This moron deserves to lose his CDL permanently.

I work for a logistics company so I can probably answer this pretty well. Because the product didn't complete it's journey (ie, the freight didn't deliver, which breaks the contract) you don't legally (not legal advise, I'm not a lawyer after all) have to pay for the shipping charges to file the claim. Call the moving comapnies phone number and ask for the claims department. Get a fax number where you can file the claim and then just come up with a form that has where it picked up and where it was supposed to go to, the value (hard to judge with personal belongings, espically sued ones) and how much you want to file a claim for. Fax it over and have them sign and send back to you as confimation. They have 60 days to either deny or accept. Make sure you include a way for them to get in touch with you. If they deny, lawyer up, or try filing against their insurance company directly. Again this isn't legal advise, and the company I work for doesn't handle personal belongings or used items. we only do business to business to shipments so it may not work exactly the same way but hopefully this gives you a good place to start. Sorry it's so long and hopefully this actually gets to them

Broadway Express Reviews (287 total - 273 good/9 neutral)
[www.movingscam.com]

Get a lawyer now. I had a similar issue and it turned out to be worth it. Do check your renter's insurance. Thankfully ours covered the replacement of all of our belongings. A lawyer will help you navigate some of this terrain. No, not all lawyers are sleezy. Aim to get replacement value, NOT actual value at the time of accident.

@SkokieGuy: Where did you go to law school? Just because they no longer have to sue over the cost of the move doesn't mean that they don't have a cause of action upon which relief can be granted.

I'd say that you don't even have to hire a lawyer. Save the money and sue them pro se. With these pictures and a truck that clearly had no business being on that road, you could write your complaint in crayon and come out a winner.

They will either settle or go bankrupt.

I work for an attorney's office and we've been handling a case similar to this one for some time now. Unfortunately there are a lot of technicalities that these moving companies use to get around the system. Your best bet would be to take as many photos of the damaged goods as possible and get an attorney ASAP. I would also advise that you start looking into repurchasing replacements for your damaged goods little by little because this sort of case is never resolved over night.

I know this has been said ad nausem, but you need a lawyer immediately. Do not talk with the movers/insurance companies or anyone else until you have representation. It's key that you get all the information you have regarding the move (contract etc) to a lawyer who specializes in negligence claims. Since the driver of the truck is likely an agent for the moving company, you could have claims against him personally (for negligence) as well as the moving company as his employer. After seeing that picture and hearing the stories about storrow drive, I think you will be hearing from the moving company regarding settlement of the claim as soon as it is filed.

Good luck!

I think that for the 60 cent/pound insurance agreement to be enforceable, the mover would have to have met some commonly understood standard of care. That probably precludes driving into a bridge. As moore850 mentioned, no matter what a company makes you sign as a condition of doing business they can't indemnify themselves against actual negligence.

Considering that the truck driver likely broke several laws in the process of destroying the OP's stuff, establishing negligence should not be a problem. It would be really helpful to know what kind of insurance, if any, the OP has. Full replacement value? Does it even cover belongings in transit?

The most annoying thing I had to deal with was the storage place not allowing me to throw out my crushed belongings on-site as many of them were large furniture pieces too large for their dumpster.

You know that and having to rebuy everything I owned.

Good point. : )

/Didn't RTFA

Who in college needs a moving truck? If you've got more than a backpack and a suitcase, you're bringing too much junk to school. : )

Side note, when I saw this on uHub I thought this seemed like a Consumerist story. Guess I was right.

PS I have no experience with this and no law experience. I just feel really bad for you guys, and this is what I would do.

>>DO NOT USE PROFESSIONAL MOVERS THEY ARE THIEVES!!!!

I hate to be this blunt, but professional movers are generally people that have strong backs and weak minds, supervised by Teamsters and mobsters.

Okay, I'm ready for my blindfold. Can I have a last cigarette?

Workem for every cent you can. Mental anguish etc...losing all your belonging in the middle of a move (during, I imagine, a new job or marriage or something or whyever you moved) is a big freaking deal and Id want all the money I could get ASAP.

The "lawyer! lawyer!" comments here sound nice and satisfying. The problem is, they're going to take 2-3 years to resolve, during which time you'll receive no compensation for your lost articles.

My fiancee and I moved from Washington DC to Denver, CO about 2 years
ago. We hired "professional" movers to get our stuff out there. The
company was UNITED VAN LINES who was contracted by JOHNSON STORAGE &
MOVING (based in Denver). We thought we were in good hands and had the
same basic insurance you did.

We got a call ON THE WAY to meet the movers at our new loft and a rep
from UNITED VAN LINES told us that the truck had caught fire in Grand
Island, NE and everything we owned was completely destroyed. We were
devastated. We actually went to look at the remains and walked away
with a small cardboard box full of belongings. But the fire truly did
destroy everything.

We estimated our total loss at $61,000. UNITED VAN LINES generously
offered $2,000. We laughed. They laughed back. We contacted lawyers,
did research and called everyone we possibly could to help us.

The moving companies refused to budge. However, just before we filed
suit against them for negligence (oh yeah, the driver of our truck fled
the scene and left his wife to fill out the paper-work. He was never
seen again. Terrific guy...great contributor to the human race), we
contacted our Renter's Insurance. The insurance company, TRAVELERS
INSURANCE (who is pheneomenal by the way), agreed to give us the maximum
coverage for the fire. In exchange, we forfeited the right to sue
UNITED VAN LINES. They sued them and sucked them dry. We got just over
50% of the money back, which was a LOT more than UNITED VAN LINES'
pathetic legal crack-squad offered.

So I recommend getting in touch with your renter's insurance. If you
have none or they won't help, I would recommend getting EVERY BIT of
information about the truck, driver and anything else you can to
possibly prove negligence, drug use, anything. Ask the for the driver's
Truck Weigh-Ins, ask for anything public about him, search on Google for
any information about the driver. Also think about paying some money to
those "informative" web sites, such as Zabasearch, who provide detailed
info on just about anyone. I also recommend contacting the local media
in the town you left and the town you entered (Boston and Oakland).

Once you get this information, talk to a lawyer and carefully present it
to the moving company. If they don't want to settle, unleash the full
story to your local media and let them plaster this story everywhere.
Talk to the local "Vigilante Reporter" (every city has one) who may be
willing to investigate for you.

Lots of options, so make sure you check into every one. Good luck and
keep your head up!

- The Rebuilding Denver Couple

I can't believe Broadway Express had the gall to try to charge these people for a move that never occurred due to their driver's gross negligence. Check the homeowners' insurance and talk to a lawyer, immediately.

On a personal level, I'd like to express my sympathy; I lost all my possessions in a fire once, and few things are as overwhelmingly stressful and disconcerting. And you guys had this on top of the drain of moving. Good luck to you all.

At least it wasn't a refurbished contaminated pump for a nuclear plant headed to Jersey...not that that's ever happened...

DO NOT USE PROFESSIONAL MOVERS THEY ARE THIEVES!!!!

didn't anybody see funny farm

Many trucks have tried Storrow.

Many have failed.

Lawyer up and consult local laws. Count your blessings that they didn't cross state lines, as jurisdiction would no longer belong to the state, and there are very few Federal laws to protect you.

As the truck appears to say "Broadway Express", and Broadway Express is based in Illinois, it looks like they were not a job-out, it was the company directly, and they failed to obey posted road signs. Hello, negligence!

I just feel bad that your life is going to be a mess for the next few years, especially if the contract states that disputes must be resolved under IL law. That would suck.

@SkokieGuy: Bah, you pussy! :-)

I lived in Boston for 5 years, with a car, and frequented Storrow. Drivers always honked at trucks because you don't want them hitting the bridge and causing you hours of delays. The honking might also include a finger, but they try to alert the drivers before they make a mistake.

You should probably contact a lawyer for some advice. Seems there are a lot of hands involved in this one. I have a new name for the moving company "Spread Moving Services" we can spread your stuff out real good.

We considered them, actually, but they were beyond our budget. I guess you get what you pay for. : ) I wish we'd used them now, simply for the fact that they're probably easier to use.

Snippets from the Broadway Express website:

Moving with Broadway Express gives you peace of mind... And Eliminates Stress

At Broadway Express, preparing you and your family for a smooth move is everyday business to us. The key for a smooth move is to be organized. Planning ahead will help you make the relocation process a much more pleasant experience.

The art of moving, like any craft, takes years of professional training. Attention to every detail, and a group of people with the passion for excellence. Training is ongoing for the members of the Broadway Express team.

By using the latest developments in equipment, packing materials, and techniques we ensure premium protection of your valued possessions.

The experience and professionalism of our drivers and moving teams enhances the protection and safety of your possessions.

On the other hand, not to fully Boston bash, I do love Boston baked beans. Yes, the candy, not actual baked beans.

I agree, I wouldn't do a chargeback, they just might let it go through and then they can say "you never paid" and be out just the moving fees which could be considerably less than what you lost.

@hamsangwich: Boston drivers honk? Stop your lies!!!

I'm from Chicago, from a car racing family and a very agressive (yet safe) driver. I remember being in Boston as a child, and to this day, terrified from the memories.

Parking on both sides of narrow streets, barely wide enough for 1 car, but with two way traffic.

Cars using the sidewalk as a passing lane.

Cars using median strips between oncoming traffic as parking spaces.

And BTW, that no name fish place on the pier? I was unimpressed.

Broadway Express

It looks like they do quite a bit of commercial moving, all of it probably badly.

I would contact a lawyer, I would also research whether this moving company is actually allowed to truck interstate, because if they are not you have them by the balls to replace your stuff.

Where was your driver from? It's bizarre that a driver comes to pick-up in Boston, which you would assume he is familiar with, and proceed to drive on Storrow. Everyone knows you can't go on Storrow with a truck and if you don't know there are 500 signs, not to mention every car you pass will honk at you like crazy trying to get you to stop.

additionally, contact these folks -

[www.fmcsa.dot.gov] [nccdb.fmcsa.dot.gov]

Looks like a fairly new Peterbilt medium duty truck set up for local moving only though. It doesn't have a traditional sleeper but is a four door "crew" type cab unless they converted the rear cab as a sleeper. Kind of odd setup for across country moving unless they do hotshot commercial deliveries and are picking up extra work moving consumers...

Believe me that this driver not only is on the hook for their belongings but he just totalled ($20-50,000 worth)the van (enclosed box area) body if the truck frame is not bent also...

I hope to the heavens you read the contract and don't have to go through arbitration

Do NOT file a chargeback. This is downright negligence and because of the very low insurance coverage, a lawsuit will probably be your course of action.

Some people have mentioned homeowner's insurance, which you should definitely look into because that will probably end up being a lot easier for you to get reimbursed.

> the trucker was in an accident, seems his insurance should cover it

This is NOT an accident, it is negligence. Truckers have access to maps indicating bridge heights, road weight limits, etc. so that they can plan their routes in advance. Nothing about hitting a bridge is ever accidental.

This person NEEDS a lawyer.

because of the gross negligence (unforeseeable) they should be able to sue for more than the 60 cents. It is foreseeable that a few things will get broken on the drive... just because of turns and bumps and yada yada and that is what the 60 cents coverage is for. But it is not foreseeable that the truck will break everything running into a bridge.... Let a judge decide!

♪ Always look on the brite side of life... wistle...wistle..wistle ♪

At least they will have lots of closet space in their new place.

You MAY have better luck suing the driver for HIS personal negligence because the company guaranteed will say YOU signed off on the 60 cents.

You MIGHT be able to ge the company IF they provide the GPS for the truck if it's company owned.

I hope you do get your money back (obviously your stuff is ruined)

I would suggest NOT doing a chargeback. The charge is fraudulent, since they charged for a service (moving to Oakland) that was not delivered.

Once you intstitute a chargeback and it's sucessful, you now you have less to go after them for legally. (The credit card bill is no longer part of the damages, since you've remedied the problem before a lawsuit is filed).

What we thought was a moving company was actually an agent, and the deposit we paid was actually their fee for performing a service we could have performed ourselves. They said that everything would be shipped on the same truck all the way, and it wasn't, the shipment was a few weeks late, and we ended up having to pay a couple of thousand extra because the weight was underestimated, or so we were told.

Never again. Next time, we'll pack what we need in the cars and ship the rest using a freight company, which I've heard is a better option.

If you maintained your homeowner's insure, it may likely cover the damage.

It may also be worth paying for a consultation with a lawyer. The insurance you took out with the mover is generally understood to cover accidental damage that is routine in the course of a move. What happened here is gross negligence. Was the driver ticketed by police? Was a drug / alcohol test performed? Even if the police didn't do this, most companies who employ drivers require testing after an accident. Is this the company's policy and did they follow their own policy?

I would consult an attorney as the drivers insurance should cover this as I'd imagine this business is insured and has driver insurance as well both should easily cover this however they don't see it this way see below.

I would believe that regardless of what you paid for insurance from this company should not matter, as this is a gross act of incompetence and if you took them to court you should win.

I'd sue for around 50k.

lol ok, so who here from b0st0n lj community put this up? was reading it this morning on the community

my heart goes out to you guys, best of luck.

Movers are bonded and insured. You will probably have to initiate the action through your insurance company and they will suck the cash out of the moving company.

As if traffic on Storrow Drive weren't already bad enough, sheesh.
This makes the 3rd time I've seen this happen.
I think it's (mostly) due to drivers following their GPS instead of actually, oh, reading posted signs.

chargeback asap, thats a load of bs that they have to charge you in order to process the claim or whatever

This is honestly horrible. I thoughts go out to this family and I hope that everything turns out okay for them.

Possibly get ready to sue

I think a moving company would be considered a common carrier... if that is the case the only times they are NOT liable are:
-An act of nature (self-explanatory... tornado for example)
-An act of the public enemies (terrorists blowing up your truck)
-Fault or fraud by the shipper (not packing your goods well enough)
-An inherent defect in the goods (shipping milk in a non reefer truck)

However... if they are a private carrier look over the contract.

talk about fitting a square peg in a round hole... sheesh. i would sign nothing, get a lawyer asap.

The picture of the sofa by itself on the road is so sad...

Wait for the settlement offer ..... then hire a sleeze bag lawyer. Never know for sure but the settlement offer might be quite generous.

the trucker was in an accident, seems his insurance should cover it

Lawyer up.

Now.

That wreck was caused by total negligence on the drivers part. There is no way he should have attempted to cross under that bridge with that truck.

Good luck and let us know how it works out

Does your homeowner's/renter's insurance cover that kind of thing, in addition to the mover's insurance? Just curious?

Cheers!