If you were injured in a collision with a commercial truck in Massachusetts: steps to file a claim and protect your rights

Short answer: Get immediate medical care, preserve evidence, report the crash, notify insurers, collect documentation (police report, driver and carrier info, photos, witness contact info, medical records), and consider consulting a Massachusetts personal injury attorney quickly so a formal claim or lawsuit can be started before the state time limits expire.

Detailed answer — step-by-step guidance under Massachusetts law

1. Immediate safety and medical steps

– Call 911 if anyone is hurt or if the crash created a safety hazard. Police will prepare an accident report that is often essential to a claim.

– Seek medical treatment right away, even if injuries seem minor. Some injuries (whiplash, concussions) appear or worsen hours or days later. Medical records document causation and the extent of injuries.

2. Preserve evidence at the scene and afterward

• Take clear photos of vehicles, license plates, road conditions, skid marks, traffic signs/signals, visible injuries, and clothing.
• Get the truck driver’s name, license number, insurance company and policy number, truck company name, USDOT or MC number (on the side of the truck), and the vehicle identification number.
• Collect contact information for any witnesses. Ask them for permission to take a quick note about what they saw.
• Keep physical evidence (clothing, damaged phone, helmet) in as close to the post-crash condition as possible.

3. Notify your insurance company and the at-fault insurer

– Massachusetts drivers must carry minimum liability insurance and should report crashes to their own insurer as required by policy. Contact your insurer early to open a claim.

– You (or your attorney) should also notify the at-fault driver’s insurer and the truck carrier’s insurer. Commercial carriers often have higher policy limits and dedicated claims adjusters.

– Be careful about recorded statements: many insurers will request a recorded statement soon after a crash. You are not required to give a recorded statement to the other side, and you may wish to consult an attorney before doing so.

4. Consider claims unique to commercial trucking

– A claim against a truck driver can also expose the trucking company (employer) to liability under theories like respondeat superior, negligent hiring, negligent supervision, or negligent maintenance of the vehicle. If the truck was operating interstate, federal safety and maintenance records (FMCSA) may be relevant.

– For interstate carriers, your attorney can obtain the carrier’s inspection and maintenance records, driver logs, and other FMCSA records that can show prior violations or safety failures.

5. Types of damages you can seek

• Medical expenses (past and reasonably certain future treatment)
• Lost wages and lost earning capacity
• Pain and suffering and emotional distress
• Property damage (vehicle repair or replacement)
• Costs to adapt your home or vehicle for lasting disability

6. Statute of limitations — act promptly

Under Massachusetts law, most personal injury actions must be started within three years after the cause of action accrues. See Massachusetts General Laws, Chapter 260, Section 2A: M.G.L. c. 260 § 2A. Missing this deadline can bar your right to recover.

7. Comparative fault and how it affects recovery

Massachusetts follows a comparative negligence system: your recovery is reduced by your percentage of fault, and you may be barred from recovering if you are more than 50% at fault. See Massachusetts General Laws, Chapter 231, Section 85: M.G.L. c. 231 § 85. This makes careful documentation important to minimize any allocation of fault to you.

8. When to file a lawsuit

– Many injury cases settle with the insurer before a lawsuit is filed. If the insurer will not offer fair compensation, you can file a civil lawsuit in Massachusetts Superior Court (for serious injury amounts) or District Court (for lesser amounts and depending on case specifics).

– Filing starts the formal discovery process (document requests, depositions) and allows subpoena power to obtain the truck company’s records. Because of the statute of limitations and the need to preserve evidence, do not delay contacting counsel.

9. Consider hiring a Massachusetts personal injury attorney

– Truck-crash claims can involve complex issues: multiple defendants (driver, employer, vehicle owner, parts manufacturer), federal regulations, and high-value claims. An attorney can gather evidence, negotiate with insurers, and, if needed, file suit and litigate.

– If you can’t afford an attorney up front, many personal injury lawyers handle cases on a contingency fee basis (they are paid a percentage of the recovery).

Helpful Hints

• Do NOT give a recorded statement to the other party’s insurer without checking with an attorney.
• Ask the police for a copy of the accident report (or the report number and how to obtain it).
• Keep a daily symptom journal and save receipts for medical bills, prescriptions, and travel to appointments.
• Photograph injuries as they evolve and keep dated copies of all medical records and imaging reports.
• Obtain the truck’s USDOT or MC number from the truck’s markings. That number helps locate the carrier’s insurance and safety records through federal databases.
• Make a written list of potential witnesses and what they saw while memories are fresh; contact info for witnesses is often invaluable.
• If the trucking company appears to be destroying evidence (e.g., repairing a truck), ask your attorney about sending a preservation (spoliation) letter immediately.
• Be mindful of deadlines: the three-year statute of limitations in Massachusetts applies in most personal injury cases; start the process early.
• Keep communication records with insurers—dates, names of adjusters, summary of what was said.

Resources

• Massachusetts General Laws — Statute of Limitations (M.G.L. c. 260 § 2A): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter260/Section2A
• Massachusetts General Laws — Comparative Negligence (M.G.L. c. 231 § 85): https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter231/Section85
• Federal Motor Carrier Safety Administration (FMCSA) — carrier registration, inspection, and safety data: https://www.fmcsa.dot.gov
• Massachusetts Bar Association — find-a-lawyer and consumer resources: https://www.massbar.org/for-the-public

Disclaimer: This article provides general information about Massachusetts law and claim process steps. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Massachusetts attorney.