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Truck Accident Claims in Massachusetts

The safety and insurance rules for trucks in Massachusetts, how fault is shared, any limits on damages, and the deadline to sue.

Short answer: 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… 540 CMR 14.02, 14.03, 14.05

Truck safety and insurance rulesMassachusetts 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.
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.
Damage capsNo 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
Deadline to sue for an injuryThree 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.

More Massachusetts personal injury & wrongful death

FAQ

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 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.
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.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.