Anybody who has driven Storrow Drive knows it's where box trucks go to get their roofs peeled off by low bridges. But the serious truck crashes in Massachusetts tend to happen on the Pike, on Route 128 or on I-495. If you got hurt in one, here's where to start.
The truck accident statute of limitations in Massachusetts appears to be 3 years from the date of the crash (M.G.L. c. 260 § 2A). Wrongful death generally runs 3 years from the date of death. If a government vehicle or entity was involved, formal written notice is generally required first, on its own clock: 2 years (presentment). The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Massachusetts figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Massachusetts lawyer before you rely on them.
What makes Massachusetts different
Massachusetts has a quiet two-track problem. The Tort Claims Act requires written presentment within two years — but a claim for a road defect against a city or town can carry a notice window as short as 30 days under a separate statute. Which one applies depends on how the claim is characterised, and the shorter one is easy to miss while a claimant assumes they have three years.
Life next to big rigs on I-90 Massachusetts Turnpike
Massachusetts roads are old, narrow and busy. The Mass Pike (I-90) carries most east-west freight across New England, with the Berkshires section near Becket and Lee getting heavy snow and steep grades. Route 128 and I-495 circle Boston with warehouse traffic, merging commuters and constant construction. Boston's tunnels, including the O'Neill Tunnel and the Ted Williams, have height and hazmat restrictions, which push some trucks onto crowded surface streets. Winter brings nor'easters, snow emergencies and black ice. Rotaries, left exits and aggressive local drivers make it hard for big trucks to change lanes or turn safely.
Greater Boston's distribution network runs on I-495 and Route 128, and the Turnpike is the main east-west freight route for all of New England. Height and weight restrictions in Boston's tunnels push heavy trucks onto specific surface routes. Crashes pile up on I-90 Massachusetts Turnpike, I-95/Route 128 around Boston, I-495 outer belt, I-93 through the O'Neill Tunnel and I-195 and Route 24 to the South Coast.
Picture this on I-93
Say you're driving a box truck for a delivery company on I-93 in Somerville when a car cuts across three lanes to make an exit. You swerve, clip a guardrail and roll. The car keeps going. Now you're hurt and dealing with your own employer, your employer's insurer and a car you can't find. MassDOT cameras may have caught the car. Your company's telematics recorded your speed and braking. Both need to be saved while they still exist.
Every Massachusetts clock in one table
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 3 years | the date of the crash | M.G.L. c. 260 § 2A |
| Wrongful death claim | 3 years | the date of death | M.G.L. c. 229 § 2 |
| Notice — state entity | 2 years (presentment) | the date of the crash | M.G.L. c. 258 § 4 |
| Notice — city, county or district | 2 years (presentment) | the date of the crash | M.G.L. c. 258 § 4 |
If a government vehicle was involved in Massachusetts
Shortest government notice window found for Massachusetts: 2 years (presentment) (M.G.L. c. 258 § 4). It comes due long before the ordinary deadline, it's a precondition to suing, and missing it usually bars the claim entirely. Written presentment to the executive officer within two years, and suit within three. Same presentment requirement for cities, towns and the MBTA. A road-defect claim against a municipality can carry a much shorter 30-day notice under c. 84 § 18.
Public fleets you could realistically be hit by here: MassDOT highway vehicles, MBTA buses, DPW fleets in Boston and the Gateway Cities, county and regional transit authority vehicles, and school district buses. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Tolled to age 18 in Massachusetts under M.G.L. c. 260 § 7. The clock generally doesn't start until the injured person turns 18. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Massachusetts clock starts
Applies. Massachusetts runs the clock from when the plaintiff knew or should have known of the harm and its cause.
Your Massachusetts dates, calculated
Enter your crash date. Massachusetts is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 3 years
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Three things to do now in Massachusetts
- Massachusetts State Police handle crashes on the Pike and interstates. Request the crash report from them or local police depending on location.
- MassDOT traffic cameras cover most of the highways around Boston. Ask about preserving footage quickly, because it rolls over.
- If you were working when hurt, your employer's workers' comp process and any claim against the other driver are separate. Keep records of both.
Crashed near the Massachusetts line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| New Hampshire | 3 years | 3 years |
| Vermont | 3 years | 2 years |
| New York | 3 years | 2 years |
| Connecticut | 2 years | 2 years |
| Rhode Island | 3 years | 3 years |
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, your 3 years deadline may give way to 2 years (presentment).
- Don't give a recorded statement to the trucking company's insurer.
- Get the Massachusetts crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Massachusetts confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.