Massachusetts Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Massachusetts injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Massachusetts
- Deadline to sue for an injury
- Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. M.G.L. c. 260, § 2A
- Fault rule (comparative negligence)
- Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; M.G.L. c. 231, § 85
- Wrongful death deadline
- Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply). M.G.L. c. 229, § 2
- Minimum car insurance
- Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). M.G.L. c. 90, §§ 34A, 34M; c. 231, § 6D
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise. Source: M.G.L. c. 260, § 2A |
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| Deadline to sue for property damage | Three years. Property damage claims are tort actions subject to the same three-year limit. Source: M.G.L. c. 260, § 2A |
| Medical malpractice deadline | Three years after the cause of action accrues, but in no event more than seven years after the act or omission that caused the injury, except when the claim is based on a foreign object left in the body. This applies to physicians, surgeons, dentists, optometrists, hospitals and sanitoria. Source: M.G.L. c. 260, § 4 |
| Wrongful death deadline | Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply). Source: M.G.L. c. 229, § 2 |
| Suing the government | Under the Massachusetts Tort Claims Act, a written claim must be presented to the executive officer of the public employer (for a city or town, for example the mayor, city manager, city solicitor or clerk; for the Commonwealth, the Attorney General) within two years after the cause of action arose. The claim must be finally denied (a failure to respond within six months counts as denial) before a lawsuit is filed, and the lawsuit must be filed within three years after the cause of action accrued. Public employers are not liable for punitive damages, interest before judgment, or more than $100,000 (except serious bodily injury claims against the MBTA). Damages limit: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258/Section2 Source: M.G.L. c. 258, §§ 2, 4 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases. Source: M.G.L. c. 231, § 85 |
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| Damage caps | No general cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases ($500,000, with exceptions), and claims against public employers are limited to $100,000. In auto accident cases, pain and suffering damages may be recovered only if reasonable medical expenses exceed $2,000 or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. Auto threshold: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section6D |
| Medical malpractice caps | In malpractice actions against health care providers (other than wrongful death actions), the jury may not award more than $500,000 for pain and suffering, loss of companionship, embarrassment and other general damages, unless it finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that would make the limit deny just compensation. Economic damages are not capped. Source: M.G.L. c. 231, § 60H |
| Punitive damages | Allowed in wrongful death cases: punitive damages of at least $5,000 may be awarded when the death was caused by malicious, willful, wanton or reckless conduct or by gross negligence. Public employers are not liable for punitive damages. Massachusetts courts generally allow punitive damages only where a statute authorizes them. Source: M.G.L. c. 229, § 2; c. 258, § 2 |
Wrongful death
| Who can sue for wrongful death | The lawsuit is brought by the executor or administrator of the estate of the person who died. Damages go to the persons entitled under the statute's distribution rules: the surviving spouse alone if there are no children; half to the spouse and half to one child (or that child's issue); one-third to the spouse and two-thirds to the children if there is more than one child; and to the next of kin if there is no spouse. Distribution shares: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter229/Section1 Source: M.G.L. c. 229, §§ 1, 2 |
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| Wrongful death deadline | Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply). Source: M.G.L. c. 229, § 2 |
Car accidents and dog bites
| Reporting a crash to police | When a crash kills or injures anyone or causes damage over $1,000 to any one vehicle or other property, the operator must, within 5 days, send a copy of the written crash report to the police department for the place where the crash happened (the original goes to the Registry of Motor Vehicles). Police must accept a report from an owner or operator whose vehicle was damaged by a driver who unlawfully left the scene. Section 26 does not set a separate immediate phone or in-person notice to police. Source: M.G.L. c. 90, § 26 |
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| Crash report to the DMV | The operator of a vehicle in a crash where anyone is killed or injured, or where damage to any one vehicle or other property is more than $1,000, must file a written report with the Registrar of Motor Vehicles within 5 days, on the registrar's approved form, and send a copy to the local police. No report is required while the person is physically unable to make one; if the operator is unable and is not the owner, the owner must report within 5 days. The registrar may demand a supplemental report and may suspend or revoke the license of anyone who violates this section. Source: M.G.L. c. 90, § 26 |
| Leaving the scene (hit and run) | A driver who knowingly collides with or causes injury to another vehicle, property or person must stop and make known their name, residence and vehicle registration number. Leaving after damaging a vehicle or property is punishable by a fine of $20 to $200, 2 weeks to 2 years in jail, or both. Leaving after injuring a person (not resulting in death) is punishable by 6 months to 2 years in jail and a $500 to $1,000 fine. Leaving to avoid prosecution or arrest after a crash that results in a death is punishable by 2.5 to 10 years in state prison (or 1 to 2.5 years in jail) and a $1,000 to $5,000 fine, with at least 1 year served. These provisions apply on public ways and places the public can access as invitees or licensees. |
| Minimum car insurance | Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. PIP tort exemption: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M |
| Dog bites | Strict liability. If a dog damages a person's body or property, the owner or keeper (or the parent or guardian of a minor owner) is liable, unless the injured person was trespassing, committing another tort, or teasing, tormenting or abusing the dog. A child under 7 is presumed not to have been doing any of those things. Source: M.G.L. c. 140, § 155 |
Slip, trip and fall injuries
| Falls on snow and ice | A county, city or town is not liable for an injury on a public way caused by snow or ice if the place was otherwise reasonably safe and convenient for travelers at the time. For injuries on private premises or an adjoining way caused partly by snow or ice from rain, snow and weather conditions, the injured person must give the owner written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days (it may be posted on the premises and left with an occupant), but failing to give notice is not a defense unless the owner proves it was harmed by the lack of notice. §18: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84/Section18 ; §21: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84/Section21 . The general duty of property owners regarding snow and ice is court-made law and was not read on an official court site. Source: G.L. c. 84, §§17, 18, 21 |
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| Sidewalk falls: who is responsible | A person hurt by a defect, lack of repair or lack of a railing on a public way may recover from the county, city, town or person obliged by law to repair it, if the defect could have been prevented or fixed with reasonable care and the responsible party had or should have had reasonable notice of it. Recovery from a county, city or town under this law is limited to one-fifth of one percent of its last state valuation and no more than $5,000. The injured person must give written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days, and may sue within 3 years if the claim is not paid. §18: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84/Section18 . Whether 'way' covers a particular sidewalk, and whether an abutting owner can be liable, are not stated in §15. Source: G.L. c. 84, §§15, 18 |
| Claims against a city or county | Under the Massachusetts Tort Claims Act, which covers both the Commonwealth and cities and towns, a claim must first be presented in writing to the public employer's executive officer within 2 years after the injury (for a city or town, presentment to the mayor, city or town manager, city solicitor or town counsel, city or town clerk, or chair of the select board is enough). A lawsuit may be filed only after the claim is denied in writing or 6 months pass without a decision, and no later than 3 years after the injury. Public employers are not liable for prejudgment interest, punitive damages, or more than $100,000 per claimant. For defects in public ways, a separate law requires notice within 30 days and limits a city or town's liability to $5,000. c. 258 §2: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258/Section2 ; c. 84 §15: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter84/Section15 . The MBTA is not subject to the $100,000 limit for serious bodily injury claims. |
| Injuries on land used for recreation | A person with an interest in land who lets the public use it, without a charge or fee, for recreational, conservation, scientific, educational or similar purposes (or leases it for those purposes to a public body or nonprofit) is not liable for injuries to members of the public, including minors, unless the owner's conduct was willful, wanton or reckless. The permission does not make visitors invitees or licensees. The protection does not apply to anyone who charges a fee for use; voluntary contributions are not a fee. Source: G.L. c. 21, §17C |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Every motorcycle operator and passenger (including a sidecar passenger) must wear protective headgear meeting the Registrar's standards, and an operator may not carry a passenger without one. The only exception is for riders 18 or older taking part in a properly permitted public parade. Riders without a windshield must wear glasses, goggles or a face shield. The statute does not say that not wearing a helmet reduces damages in a lawsuit. Source: G.L. c. 90, §7 |
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| Lane splitting | Massachusetts law says motorcycle operators may not pass any other motor vehicle within the same lane, except another motorcycle; they also may not ride abreast of more than one other motorcycle and must ride single file when passing. On roads divided into lanes, every driver must keep the vehicle entirely within a single lane and may not change lanes until it is safe. Source: G.L. c. 89, §4A |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, a driver must yield (slowing or stopping if needed) to a pedestrian in a marked crosswalk who is on the driver's half of the road or within 10 feet of it from the other half. Drivers may not pass a vehicle stopped at a marked crosswalk for a pedestrian, or enter a marked crosswalk while a pedestrian is crossing or until there is room beyond it, even on a green signal; violations carry a fine of up to $200. Drivers must pass a pedestrian (a 'vulnerable user') at a safe distance of at least 4 feet. c. 90 §14: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14 . |
| Bicycle laws | A bicyclist may use all public ways except posted limited-access highways and is subject to traffic laws, with special rules: bicyclists may keep right when passing moving vehicles, may ride on sidewalks outside business districts when necessary for safety unless a local ordinance says otherwise (yielding to pedestrians), and may ride no more than 2 abreast. Drivers must pass a bicyclist (a 'vulnerable user') at a safe distance of at least 4 feet and at a reasonable speed. Riders and passengers 16 or younger must wear a helmet, but not wearing one may not be used as evidence of contributory negligence in a civil case. c. 90 §14 (4-foot rule): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14 ; 'vulnerable user' defined in c. 90 §1: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section1 |
| Uber and Lyft insurance | While an Uber/Lyft-type (transportation network) driver is logged in and available but not on a pre-arranged ride, auto liability insurance must provide at least $50,000 per person and $100,000 total for bodily injury and $30,000 for property damage, plus uninsured motorist coverage and personal injury protection to the extent required by law. During a pre-arranged ride, coverage must be at least $1,000,000 per occurrence for death, bodily injury and property damage, plus uninsured motorist coverage and personal injury protection. The insurance may be held by the driver, the company or both, and if the driver's insurance lapses or denies a claim, the company's insurance must cover from the first dollar. Source: G.L. c. 175, §228(c)-(e) |
| Truck safety and insurance rules | Massachusetts incorporates the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395), inspection, repair and maintenance (49 CFR 396) and financial responsibility (49 CFR 387), as state rules for both intrastate and interstate commerce, for commercial motor vehicles of 10,001 pounds or more, vehicles designed for more than 15 passengers, and placarded hazardous-material vehicles. Some state exemptions apply only to intrastate commerce. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Read in the Registry of Motor Vehicles PDF on mass.gov (Mass. Source: 540 CMR 14.02, 14.03, 14.05 |
Construction accidents
| Construction site injuries | Massachusetts' workers' compensation law sets the general rule for construction injuries. A worker who did not give the employer written notice at hiring reserving the right to sue is held to have waived the right to sue the employer for a compensable injury. The worker still receives compensation and may also pursue a third party (someone other than the insured employer) whose fault caused the injury; the insurer is repaid from the recovery and the worker keeps the excess. §15: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section15 . No search for a scaffold-type statute was done; no absence claim is made. Source: G.L. c. 152, §§24, 15 |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Massachusetts?
Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.
How long do you have to sue for property damage in Massachusetts?
Three years. Property damage claims are tort actions subject to the same three-year limit.
What is the statute of limitations for medical malpractice in Massachusetts?
Three years after the cause of action accrues, but in no event more than seven years after the act or omission that caused the injury, except when the claim is based on a foreign object left in the body. This applies to physicians, surgeons, dentists, optometrists, hospitals and sanitoria.
How long do you have to file a wrongful death lawsuit in Massachusetts?
Within three years from the date of death, or within three years from when the executor or administrator knew or reasonably should have known the facts supporting a claim (or later where certain tolling provisions of chapter 260 apply).
Who can file a wrongful death lawsuit in Massachusetts?
The lawsuit is brought by the executor or administrator of the estate of the person who died. Damages go to the persons entitled under the statute's distribution rules: the surviving spouse alone if there are no children; half to the spouse and half to one child (or that child's issue); one-third to the spouse and two-thirds to the children if there is more than one child; and to the next of kin if there is no spouse.
Can you recover damages if you were partly at fault in Massachusetts?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the total negligence of the people being sued; damages are reduced in proportion to the injured person's share. The injured person is presumed to have used due care, and the defendant must prove the plaintiff's negligence. Assumption of risk is abolished as a defense in these cases.
Does Massachusetts cap damages in personal injury cases?
No general cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases ($500,000, with exceptions), and claims against public employers are limited to $100,000. In auto accident cases, pain and suffering damages may be recovered only if reasonable medical expenses exceed $2,000 or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
Is there a cap on medical malpractice damages in Massachusetts?
In malpractice actions against health care providers (other than wrongful death actions), the jury may not award more than $500,000 for pain and suffering, loss of companionship, embarrassment and other general damages, unless it finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that would make the limit deny just compensation. Economic damages are not capped.
When can you get punitive damages in Massachusetts?
Allowed in wrongful death cases: punitive damages of at least $5,000 may be awarded when the death was caused by malicious, willful, wanton or reckless conduct or by gross negligence. Public employers are not liable for punitive damages. Massachusetts courts generally allow punitive damages only where a statute authorizes them.
How do you file an injury claim against the government in Massachusetts?
Under the Massachusetts Tort Claims Act, a written claim must be presented to the executive officer of the public employer (for a city or town, for example the mayor, city manager, city solicitor or clerk; for the Commonwealth, the Attorney General) within two years after the cause of action arose. The claim must be finally denied (a failure to respond within six months counts as denial) before a lawsuit is filed, and the lawsuit must be filed within three years after the cause of action accrued. Public employers are not liable for punitive damages, interest before judgment, or more than $100,000 (except serious bodily injury claims against the MBTA).
Is a dog owner liable for a dog bite in Massachusetts?
Strict liability. If a dog damages a person's body or property, the owner or keeper (or the parent or guardian of a minor owner) is liable, unless the injured person was trespassing, committing another tort, or teasing, tormenting or abusing the dog. A child under 7 is presumed not to have been doing any of those things.
What is the minimum car insurance required in Massachusetts?
Massachusetts is a no-fault state. For policies issued or renewed on or after July 1, 2025, compulsory bodily injury liability coverage must be at least $25,000 per person and $50,000 per accident (previously $20,000/$40,000). Personal injury protection (PIP) must provide at least $8,000 per person regardless of fault, and PIP benefits replace tort damages to that extent. A person may sue for pain and suffering only if medical expenses exceed $2,000 or the injury involves death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture.
When do you have to report a car accident to the police in Massachusetts?
When a crash kills or injures anyone or causes damage over $1,000 to any one vehicle or other property, the operator must, within 5 days, send a copy of the written crash report to the police department for the place where the crash happened (the original goes to the Registry of Motor Vehicles). Police must accept a report from an owner or operator whose vehicle was damaged by a driver who unlawfully left the scene.
Do you have to report a car accident to the DMV in Massachusetts?
The operator of a vehicle in a crash where anyone is killed or injured, or where damage to any one vehicle or other property is more than $1,000, must file a written report with the Registrar of Motor Vehicles within 5 days, on the registrar's approved form, and send a copy to the local police. No report is required while the person is physically unable to make one; if the operator is unable and is not the owner, the owner must report within 5 days. The registrar may demand a supplemental report and may suspend or revoke the license of anyone who violates this section.
What are your duties after a car accident in Massachusetts?
A driver who knowingly collides with or causes injury to another vehicle, property or person must stop and make known their name, residence and vehicle registration number. Leaving after damaging a vehicle or property is punishable by a fine of $20 to $200, 2 weeks to 2 years in jail, or both. Leaving after injuring a person (not resulting in death) is punishable by 6 months to 2 years in jail and a $500 to $1,000 fine. Leaving to avoid prosecution or arrest after a crash that results in a death is punishable by 2.5 to 10 years in state prison (or 1 to 2.5 years in jail) and a $1,000 to $5,000 fine, with at least 1 year served.
Can you sue for slipping on ice or snow in Massachusetts?
A county, city or town is not liable for an injury on a public way caused by snow or ice if the place was otherwise reasonably safe and convenient for travelers at the time. For injuries on private premises or an adjoining way caused partly by snow or ice from rain, snow and weather conditions, the injured person must give the owner written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days (it may be posted on the premises and left with an occupant), but failing to give notice is not a defense unless the owner proves it was harmed by the lack of notice.
Who is liable if you trip and fall on a sidewalk in Massachusetts?
A person hurt by a defect, lack of repair or lack of a railing on a public way may recover from the county, city, town or person obliged by law to repair it, if the defect could have been prevented or fixed with reasonable care and the responsible party had or should have had reasonable notice of it. Recovery from a county, city or town under this law is limited to one-fifth of one percent of its last state valuation and no more than $5,000. The injured person must give written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days, and may sue within 3 years if the claim is not paid.
How long do you have to file a claim against a city or county in Massachusetts?
Under the Massachusetts Tort Claims Act, which covers both the Commonwealth and cities and towns, a claim must first be presented in writing to the public employer's executive officer within 2 years after the injury (for a city or town, presentment to the mayor, city or town manager, city solicitor or town counsel, city or town clerk, or chair of the select board is enough). A lawsuit may be filed only after the claim is denied in writing or 6 months pass without a decision, and no later than 3 years after the injury. Public employers are not liable for prejudgment interest, punitive damages, or more than $100,000 per claimant. For defects in public ways, a separate law requires notice within 30 days and limits a city or town's liability to $5,000.
Is a landowner liable for injuries on land used for recreation in Massachusetts?
A person with an interest in land who lets the public use it, without a charge or fee, for recreational, conservation, scientific, educational or similar purposes (or leases it for those purposes to a public body or nonprofit) is not liable for injuries to members of the public, including minors, unless the owner's conduct was willful, wanton or reckless. The permission does not make visitors invitees or licensees. The protection does not apply to anyone who charges a fee for use; voluntary contributions are not a fee.
Do you have to wear a motorcycle helmet in Massachusetts?
Every motorcycle operator and passenger (including a sidecar passenger) must wear protective headgear meeting the Registrar's standards, and an operator may not carry a passenger without one. The only exception is for riders 18 or older taking part in a properly permitted public parade. Riders without a windshield must wear glasses, goggles or a face shield. The statute does not say that not wearing a helmet reduces damages in a lawsuit.
Is lane splitting legal in Massachusetts?
Massachusetts law says motorcycle operators may not pass any other motor vehicle within the same lane, except another motorcycle; they also may not ride abreast of more than one other motorcycle and must ride single file when passing. On roads divided into lanes, every driver must keep the vehicle entirely within a single lane and may not change lanes until it is safe.
Who has the right of way, a pedestrian or a driver, in Massachusetts?
Where traffic signals are not in place or not working, a driver must yield (slowing or stopping if needed) to a pedestrian in a marked crosswalk who is on the driver's half of the road or within 10 feet of it from the other half. Drivers may not pass a vehicle stopped at a marked crosswalk for a pedestrian, or enter a marked crosswalk while a pedestrian is crossing or until there is room beyond it, even on a green signal; violations carry a fine of up to $200. Drivers must pass a pedestrian (a 'vulnerable user') at a safe distance of at least 4 feet.
What are the bicycle laws in Massachusetts?
A bicyclist may use all public ways except posted limited-access highways and is subject to traffic laws, with special rules: bicyclists may keep right when passing moving vehicles, may ride on sidewalks outside business districts when necessary for safety unless a local ordinance says otherwise (yielding to pedestrians), and may ride no more than 2 abreast. Drivers must pass a bicyclist (a 'vulnerable user') at a safe distance of at least 4 feet and at a reasonable speed. Riders and passengers 16 or younger must wear a helmet, but not wearing one may not be used as evidence of contributory negligence in a civil case.
What insurance must Uber and Lyft drivers have in Massachusetts?
While an Uber/Lyft-type (transportation network) driver is logged in and available but not on a pre-arranged ride, auto liability insurance must provide at least $50,000 per person and $100,000 total for bodily injury and $30,000 for property damage, plus uninsured motorist coverage and personal injury protection to the extent required by law. During a pre-arranged ride, coverage must be at least $1,000,000 per occurrence for death, bodily injury and property damage, plus uninsured motorist coverage and personal injury protection. The insurance may be held by the driver, the company or both, and if the driver's insurance lapses or denies a claim, the company's insurance must cover from the first dollar.
What safety and insurance rules apply to trucks in Massachusetts?
Massachusetts incorporates the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395), inspection, repair and maintenance (49 CFR 396) and financial responsibility (49 CFR 387), as state rules for both intrastate and interstate commerce, for commercial motor vehicles of 10,001 pounds or more, vehicles designed for more than 15 passengers, and placarded hazardous-material vehicles. Some state exemptions apply only to intrastate commerce. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you sue for a construction accident in Massachusetts?
Massachusetts' workers' compensation law sets the general rule for construction injuries. A worker who did not give the employer written notice at hiring reserving the right to sue is held to have waived the right to sue the employer for a compensable injury. The worker still receives compensation and may also pursue a third party (someone other than the insured employer) whose fault caused the injury; the insurer is repaid from the recovery and the worker keeps the excess.
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