Truck Accident Laws in Massachusetts (2026): Deadlines & Liability

A crash with a tractor-trailer or other large commercial truck in Massachusetts is governed by two layers of law at once. Massachusetts statutes set the deadline to sue, how shared fault is treated, and a no-fault insurance system with a threshold you must meet before suing for pain and suffering, while federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) govern how the truck and driver are supposed to operate. This guide explains both, with citations to the Massachusetts General Laws and the federal rules.

This is general legal information, not legal advice, and it does not predict any outcome in a specific case. Deadlines are strict and the no-fault rules have specific requirements, so confirm the current law and speak with a licensed Massachusetts attorney about your situation.

Deadline to file: Massachusetts's statute of limitations

Massachusetts sets a three-year clock for most injury claims. Under M.G.L. c. 260, 2A, actions of tort must be commenced within three years after the cause of action accrues. For a truck accident injury, that period generally runs from the date of the crash, subject to a discovery rule when the harm was not immediately known.

Wrongful death has its own deadline. Under M.G.L. c. 229, 2, a wrongful death action must be brought within three years from the date of death, or within three years from when the personal representative knew or should have known of the factual basis for the claim. Because these deadlines are strict and missing one usually ends the claim, it is wise to act well before any deadline.

Massachusetts's negligence rule: modified comparative fault

Massachusetts uses modified comparative negligence under M.G.L. c. 231, 85. If you share some blame for the crash, you can still recover, but your damages are reduced in proportion to your percentage of fault. The statute bars recovery only when your negligence is greater than the total negligence of the parties you are suing, which is commonly described as the 51% bar.

In practical terms, a plaintiff who is 50% or less at fault can recover a reduced award, while a plaintiff who is 51% or more at fault recovers nothing. This is more forgiving than the pure contributory negligence rule used in a few states, but how fault is divided still directly affects what you can recover in a Massachusetts truck case.

No-fault status and the tort threshold

Massachusetts is a no-fault auto state. Under M.G.L. c. 90, 34M, every Massachusetts auto policy must provide personal injury protection (PIP) benefits, and M.G.L. c. 90, 34A sets that benefit at a limit of at least $8,000 for injury to or death of any one person. PIP covers medical expenses and a portion of lost wages after a crash regardless of who was at fault. It is meant to provide fast, first-dollar benefits, but it does not pay for pain and suffering.

One coordination rule inside Section 34A surprises many claimants. If you have health, sickness, or disability insurance, PIP will not pay more than $2,000 of the medical, surgical, X-ray, and dental expenses you incur within two years of the crash, to the extent that health plan has paid or will pay them. Past that first $2,000, those bills go to your own health insurer, while PIP continues to cover lost wages and medical costs your health plan does not reach, up to the $8,000 limit. Note that this $2,000 PIP coordination limit is a different figure from the $2,000 medical-expense tort threshold described next, even though both happen to be $2,000.

To step outside the no-fault system and sue the at-fault driver or trucking company for pain and suffering, you must clear the tort threshold in M.G.L. c. 231, 6D. The threshold is met if your reasonable and necessary medical expenses exceed $2,000, or if the injury falls into a serious-injury category: death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture. Most serious truck-accident injuries clear this threshold easily, but it is a required step in a Massachusetts case.

Massachusetts auto insurance minimums

Massachusetts requires four compulsory coverages. As of the increase effective July 1, 2025, the minimums are bodily injury to others of $25,000 per person and $50,000 per accident, PIP of $8,000 per person, bodily injury caused by an uninsured auto of $25,000 per person and $50,000 per accident, and property damage of $30,000 per accident. These passenger-car minimums are modest compared with the federal coverage required of interstate trucking companies, discussed below. Because these figures were recently updated, confirm the current minimums for the year of your crash.

Damage caps in Massachusetts

Massachusetts does not impose a general cap on compensatory damages in ordinary personal injury cases, so economic losses such as medical bills and lost wages, along with non-economic damages like pain and suffering, are tied to what the evidence proves rather than a statutory ceiling. A notable exception is claims against charitable organizations, where M.G.L. c. 231, 85K caps certain tort damages, a limit that rarely applies to a commercial trucking defendant.

Federal trucking rules: the FMCSA framework

Large commercial trucks operating in interstate commerce must follow the Federal Motor Carrier Safety Regulations in Title 49 of the Code of Federal Regulations, enforced by the FMCSA. These rules frequently supply the evidence of fault in a truck case. Key areas include:

• Hours of service (49 CFR Part 395), which generally limit a property-carrying driver to 11 hours of driving within a 14-hour on-duty window after 10 hours off duty, to combat fatigue.
• Electronic logging devices (ELDs), which most interstate drivers must use to record driving hours automatically, making it harder to falsify a logbook.
• Driver qualification and commercial driver's license (CDL) standards, plus mandatory drug-and-alcohol testing for safety-sensitive drivers.
• Vehicle inspection, repair, and maintenance requirements (49 CFR Part 396), which require carriers to keep trucks in safe operating condition.

A violation of any of these rules, such as a driver exceeding hours-of-service limits or a carrier skipping required maintenance, is commonly used as evidence of negligence.

Who can be liable in a Massachusetts truck accident

Unlike a typical car crash with one other driver, a commercial truck case often involves several potentially responsible parties. These can include the truck driver, the motor carrier (both for the driver's conduct and for its own negligent hiring, training, or supervision), a broker or shipper, the company that loaded the cargo, and a manufacturer of a defective part. Because the carrier is usually a business with substantial federally required insurance, identifying every responsible party early is important.

Federal minimum insurance for trucks

Federal law requires far more coverage from interstate trucking companies than from ordinary drivers. Under 49 CFR 387.9, a for-hire carrier transporting non-hazardous general freight in interstate commerce must maintain at least $750,000 in public liability insurance. Carriers hauling oil must carry $1 million, and those transporting the most dangerous hazardous materials must carry $5 million. These minimums dwarf the $25,000 bodily injury minimum that applies to a Massachusetts passenger car.

Preserving evidence after a truck crash

Some of the most important evidence in a truck case can disappear quickly. A truck's electronic logging device, the engine control module (often called the black box), dashcam footage, and maintenance and inspection records can be overwritten or routinely destroyed on a short schedule. Sending the carrier a written preservation, or spoliation, letter early can help keep that data from being lost.

It also helps to preserve your own evidence: the police crash report, photographs of the vehicles and scene, witness contact information, and your medical records. Documenting medical treatment is especially useful in Massachusetts, where medical expenses can determine whether you clear the tort threshold to sue for pain and suffering.

How to evaluate a Massachusetts truck accident claim

With no-fault rules, comparative fault, and federal regulations all in play, get a free claim review from a Massachusetts truck accident lawyer on whether your injury clears the tort threshold (attorney advertising). Many personal injury attorneys offer a free initial consultation and work on a contingency fee, meaning they are paid a percentage of any recovery rather than upfront. No attorney can guarantee a result or a dollar amount.

If you are considering a claim, keep your medical treatment documented, save anything related to the crash, and be mindful of the deadlines above. Acting promptly protects both the legal deadline and the physical evidence that a truck case depends on.

Frequently Asked Questions

What is the deadline to sue for a truck accident in Massachusetts?

Massachusetts gives you 3 years from the date of the crash to file a personal injury lawsuit under M.G.L. c. 260, 2A. A wrongful death claim is also 3 years, measured from the date of death or reasonable discovery under M.G.L. c. 229, 2. These deadlines are strict, so it is wise to act well before they run.

Who can be sued after a truck accident in Massachusetts?

A truck case can involve several defendants: the driver, the motor carrier (for the driver's conduct and for negligent hiring, training, or supervision), a broker or shipper, the company that loaded the cargo, and the maker of a defective part. Identifying every responsible party early matters because the carrier usually carries large federally required insurance.

How is a truck accident different from a car accident in Massachusetts?

Truck cases add a layer of federal regulation. Interstate trucks must follow FMCSA rules on hours of service, electronic logging, driver qualification, and maintenance, and violations are common evidence of fault. Trucking companies must also carry at least $750,000 in liability coverage under 49 CFR 387.9, far above the $25,000 minimum for a Massachusetts car.

Massachusetts is a no-fault state, so can I still sue after a truck accident?

Yes, if you clear the tort threshold. Massachusetts PIP pays up to $8,000 per person regardless of fault under M.G.L. c. 90, 34A and 34M, and if you have health insurance, PIP covers no more than $2,000 of the medical expenses that plan also covers. To sue for pain and suffering you must meet M.G.L. c. 231, 6D: more than $2,000 in reasonable medical expenses, or a serious injury such as a fracture, disfigurement, loss of a body member, loss of sight or hearing, or death. Most serious truck-injury cases clear this threshold.

How does Massachusetts's comparative negligence rule affect my recovery?

Under M.G.L. c. 231, 85, your damages are reduced by your share of fault, and you are barred from recovering only if your fault is greater than the combined fault of the parties you sue (the 51% bar). So a plaintiff who is 50% or less at fault can recover a reduced amount, while one who is 51% or more at fault recovers nothing.

How much is a Massachusetts truck accident case worth?

There is no set figure. Massachusetts has no general cap on compensatory personal injury damages, so value depends on the actual harm proven, including medical costs, lost income, and pain and suffering, reduced by any share of fault assigned to you. No attorney can guarantee a specific amount.