Massachusetts Truck Accident Lawyer Guide: Laws and Deadlines

Massachusetts has some of the most congested roads in the country. Interstates 95 (Route 128), 90 (the Massachusetts Turnpike), 93, 495, 91 and 290 carry truck traffic through dense cities, tunnels and construction zones, while commercial vehicles are generally banned from Storrow Drive and other parkways. Preliminary data shows about 369 traffic deaths in the state in 2024, up roughly 7% from 2023, and MassDOT lists large-truck-involved crashes as an emphasis area in its safety planning. This guide explains the laws that matter most after a truck crash in Massachusetts, the evidence to protect and how to choose a Massachusetts truck accident lawyer. We do not recommend or rank any individual firm.

Massachusetts truck accident laws at a glance

• Filing deadline: three years for personal injury and property damage under G.L. c. 260, § 2A. Wrongful death claims also generally have a three-year limit.
• Government claims: under the Massachusetts Tort Claims Act (G.L. c. 258), a claim against a public employer must be presented within two years, and damages are capped by statute. Road defect claims can require notice in as little as 30 days.
• Fault rule: modified comparative negligence under G.L. c. 231, § 85. You can recover if your negligence is not greater than the total negligence of the people you are suing, and your damages are reduced by your share. At 51% or more, you are barred.
• Liability among defendants: Massachusetts generally still recognizes joint and several liability among tortfeasors, with a right of contribution. Ask a lawyer how it affects collection in your case.
• No-fault system: PIP of at least $8,000 pays medical expenses, lost wages and replacement services regardless of fault.
• Tort threshold: under G.L. c. 231, § 6D, you can recover pain and suffering from an at-fault driver only if you have more than $2,000 in reasonable medical expenses, or you suffer death, loss of a body part, permanent and serious disfigurement, loss of sight or hearing, or a fracture.
• Prejudgment interest: 12% per year from the date the action is commenced under G.L. c. 231, § 6B.
• Damage caps: Massachusetts does not cap damages in ordinary personal injury cases. A cap applies to non-economic damages in medical malpractice.
• Insurance system: compulsory minimums for ordinary vehicles have been $20,000 per person and $40,000 per accident for bodily injury and $5,000 for property damage, plus PIP. Confirm the current figures with the Massachusetts Division of Insurance.

How the no-fault system works after a truck crash

After a crash, your own PIP pays the first $8,000 of medical expenses, lost wages and replacement services, whoever caused the crash. Your health insurance may coordinate with PIP after the first $2,000 of medical expenses. PIP does not pay for pain and suffering. A serious truck injury usually exceeds the $2,000 medical expense threshold or qualifies under one of the other categories, which opens the door to a lawsuit against the driver and carrier for pain and suffering and for losses beyond PIP. Whether the threshold applies in a crash with a commercial truck depends on the facts, so ask an attorney.

The 51% rule: why every percentage point counts

If a jury finds you 30% at fault and your damages are $500,000, you can recover $350,000. If it finds you 51% at fault, you recover nothing. At exactly 50%, you can still recover half. Insurers look for arguments about speed, following distance, lane changes or braking, so photos, video, witness statements and the truck's electronic data matter.

12% prejudgment interest: why filing promptly matters

Under G.L. c. 231, § 6B, interest at 12% per year is added to damages in most personal injury cases from the date the action is commenced, not from the date of the crash. That gives the defendant and its insurer a financial reason to settle fairly once a lawsuit is on file, and it means that waiting too long to file costs you interest. Ask a lawyer how the statute may apply to your case.

Wrongful death in Massachusetts

Under the Massachusetts wrongful death statute (G.L. c. 229, § 2), eligible family members can recover the fair monetary value of the decedent's life, including lost income, services, society and companionship, along with funeral expenses. The statute also allows punitive damages when the death was caused by willful, wanton or reckless conduct or by gross negligence. Because the rules about who can claim and how damages are calculated are technical, ask a Massachusetts lawyer early.

Truck crashes in Massachusetts: what the data shows

The UMass Transportation Center reported 369 traffic deaths in Massachusetts in 2024, based on preliminary data, and NHTSA's early estimate was 368, up 7.3% from 2023. The MassDOT crash portal recorded about 134,000 crashes in 2023, with 325 fatal crashes. These totals cover all vehicles, not only trucks. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest figures, see the MassDOT crash data portal.

Who may be responsible for a Massachusetts truck crash

• The truck driver, for speeding, following too closely, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A public employer, in some cases involving a public vehicle, road defect or work zone, subject to the Tort Claims Act.

Insurance in a Massachusetts truck crash

Massachusetts's minimum limits for ordinary vehicles are far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own uninsured and underinsured motorist coverage may also apply depending on your policy.

Evidence that matters in a Massachusetts truck case

• The crash report from the investigating agency, often the Massachusetts State Police or a local department. Massachusetts generally requires drivers to file their own report with the Registry of Motor Vehicles within a few days when a crash involves injury or significant property damage, so check the current rule.
• Photos and video of the scene, the truck, its markings and the USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Medical records and bills from the first day, plus your PIP records

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future, beyond PIP
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life, once the threshold is met
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members
• Prejudgment interest, where it applies

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Massachusetts

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Notify your own insurer so your PIP claim can begin, and keep every medical bill.
4. Do not say you were at fault, and do not guess about speed or distance. Under the 51% rule, every word can be used.
5. Make sure a police report is filed and get the report number.
6. Do not give a recorded statement to the trucking company's insurer without advice.
7. Speak with a Massachusetts truck accident lawyer early, before evidence is overwritten.

Choosing a Massachusetts truck accident lawyer

Confirm the lawyer is licensed in Massachusetts through the Board of Bar Overseers' attorney lookup, ask about commercial trucking experience and how they handle the no-fault threshold and prejudgment interest, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Massachusetts attorney. We do not endorse any law firm.

Frequently asked questions