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 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 |
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| 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 |
| 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 |
| 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 |
More Massachusetts personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Massachusetts
- Wrongful Death Lawsuits in Massachusetts
- Medical Malpractice Rules in Massachusetts
- Car Accident Claims in Massachusetts
- Dog Bite Liability in Massachusetts
- Sidewalk and Public Property Falls in Massachusetts
- Motorcycle Accident Claims in Massachusetts
- Pedestrian Accident Claims in Massachusetts
- Bicycle Accident Claims in Massachusetts
- Uber and Lyft Accident Claims in Massachusetts
- Construction Site Injuries in Massachusetts
- All Massachusetts personal injury & wrongful death rules
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.