Student driver taking road test collides with other vehicle

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On April 15, 2023, a young student driver was completing an official road test. In the car were his sponsor (the decedent, 81, seated in the back and wearing a seatbelt) and an RMV road agent (in the front passenger seat).

As the student turned left while going east into a parking lot, a westbound Ford Explorer struck the Corolla on the passenger side. The decedent was severely injured. Emergency responders found him semi-conscious with labored breathing and a pulse. He suffered cardiac arrest and died from blunt force injuries.

The plaintiff alleged negligence by the student driver and the driver of the oncoming Ford Explorer. The Toyota, used for instruction, had an instructor brake accessible to the student and RMV agent. Police EDR analysis suggested that if the brakes had not been applied, the Toyota may have been able to complete the turn in front of the Ford and avoid a crash. However, the analysis could not determine whether the student or RMV agent applied the brake.

The decedent suffered a painful, premature death. Though 81, he was active, working as a driving instructor and golfing, cooking and traveling with his wife of 58 years. He previously served nearly 40 years as a teacher and coach and was survived by his wife and three adult children.

The insurer for the student driver initially offered what it represented as the total amount of insurance of $250,000. However, when plaintiff’s counsel submitted an affidavit to the parents of the student driver to sign, confirming that there was no additional insurance, a $1 million umbrella policy was “discovered.”

The plaintiff demanded the entire umbrella policy to avoid a separate Chapter 93A/176 claim for misrepresenting the amount of insurance for over a year.

The case settled before suit for the full policy limits applicable to both drivers.

Action: Motor vehicle negligence
Injuries alleged: Pain and suffering, wrongful death due to blunt force trauma
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Amount: $1.35 million
Date: June 3, 2025
Attorney: Jeffrey N. Catalano of Keches Law Group, Boston (for the plaintiff)