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.
Before you rely on these numbers
The statutory figures on this page have not yet been verified against current statute text by a licensed attorney. They are published with their citations so they can be checked, and they should be treated as a starting point for a conversation with a Massachusetts lawyer — not as a legal conclusion. Statutes change: Florida cut its personal injury period in half in 2023 and Louisiana doubled its own in 2024.
Your deadlines in Massachusetts, calculated
Enter the date of your crash and the tool below will work out both clocks — the legal filing deadline and the much shorter window before the proof can be destroyed. Massachusetts is already selected. Nothing you type is sent anywhere.
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.
The four Massachusetts deadlines that matter
| 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 |
Claims against a government entity in Massachusetts
The shortest government notice window found for Massachusetts — 2 years (presentment) (M.G.L. c. 258 § 4). This is the deadline that quietly ends claims: it comes due long before the ordinary filing deadline, it is a precondition to suing rather than a suggestion, and missing it usually bars the claim entirely no matter how strong the case is.
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 in Massachusetts: MassDOT highway vehicles, MBTA buses, DPW fleets in Boston and the Gateway Cities, county and regional transit authority vehicles, and school district buses. If you are not certain whether the vehicle that hit you was one of these, work to the shorter deadline until somebody confirms otherwise. The downside is not symmetrical.
If the injured person was a minor
Tolled to age 18 in Massachusetts under M.G.L. c. 260 § 7 — the clock generally does not start until the injured person turns 18.
That pause applies to the court deadline. It does not apply to the evidence. A carrier is entitled to destroy a driver's logs six months after the crash whether the injured person is 8 or 38, and in many states a government notice deadline is not tolled for a child either. A tolled filing deadline and an untouched evidence deadline is the most dangerous combination on this page.
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.
Why the evidence clock in Massachusetts is much shorter
Massachusetts's filing deadline is 3 years. The federal retention rules that govern the trucking company are measured in weeks and months:
- 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 keeps running, and routinely lost when it is repaired or resold.
- Driver logs and records of duty status — six months (49 CFR § 395.8(k)(1)).
- Maintenance and repair 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)).
The way to stop those clocks is a preservation letter to the carrier — a written demand that specific evidence be kept. Until it arrives, destroying records at the end of a retention period is routine and lawful. Our FMCSA regulations and evidence guide explains what each of these records contains.
Truck traffic in Massachusetts
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.
The corridors where these crashes concentrate: 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.
Neighbouring states have different clocks
A crash a few miles across a state line can be governed by a completely different deadline. If you are not certain which state your crash happened in — near a border, on a bridge, or on an interstate you were travelling at speed — 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 |
Or use the filing deadline calculator to compare any state, and the full state index for all 50 states and D.C.
What to do next in Massachusetts
- Get a preservation letter to the carrier. This is the most time-critical step and the one almost nobody hears about.
- Confirm whether a government entity was involved. That answer can replace your 3 years deadline with a far shorter notice window — 2 years (presentment).
- Do not give a recorded statement to the trucking company's insurer.
- Request the Massachusetts crash report, which identifies the carrier, the DOT number and the insurer.
- Have a lawyer licensed in Massachusetts confirm the dates above 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.