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Massachusetts · Truck crash claim: what can I do?

Truck crash claim: what can I do?

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Filing deadline3 years from date of accidentMGL c. 260 § 2A

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Massachusetts?

Massachusetts has a 3-year statute of limitations for personal injury from truck accidents (MGL c. 260 § 2A). Modified comparative fault with 51% bar. Claims against MassDOT or other state entities require a Presentment within 2 years under the Massachusetts Tort Claims Act (MGL c. 258 § 4). A lawyer can confirm yours.

3 years from date of accident

Massachusetts has no-fault PIP coverage requirements for commercial vehicles above a certain threshold.

Source: MGL c. 260 § 2A

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Massachusetts' I-90 (Massachusetts Turnpike) and I-95 corridors carry the highest commercial truck volumes in New England. Massachusetts follows modified comparative fault with a 51% bar and has a 3-year SOL for personal injury. Boston's Big Dig elevated highway tunnels present unique heavy vehicle weight and height restrictions.

The Commonwealth's freight corridors — the Massachusetts Turnpike (I-90), the I-95/Route 128 belt, I-93 and I-495 — concentrate commercial-vehicle crashes in Middlesex, Worcester, Suffolk and Essex counties. Interstate carriers commonly remove litigation to the U.S. District Court for the District of Massachusetts (Boston, Worcester, Springfield), where the Federal Motor Carrier Safety Regulations apply. Massachusetts sets a three-year statute of limitations (M.G.L. c. 260, § 2A) and follows modified comparative negligence with a 51-percent bar (M.G.L. c. 231, § 85): an injured plaintiff recovers reduced damages so long as their fault does not exceed that of the defendants, but is barred once it does. Securing the carrier's maintenance records and the truck's telematics data early is often decisive.

Medical facilities in Massachusetts

  • Massachusetts General Hospital — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Truck crash claim: what can I do? overview. This page covers the local information available for Massachusetts.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Massachusetts? Read what applies in your state.

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Sources

  1. MGL c. 260 § 2A