Massachusetts Truck Accident & Commercial Vehicle Injury Guide
The impact is catastrophic. One moment, you’re navigating the heavy morning fog on the Massachusetts Turnpike or merging through the tight interchanges of the I-93/I-95 split. The next, 80,000 pounds of steel slams into your vehicle. In a fight between a 4,000-pound sedan and a fully loaded 18-wheeler, the physics are never on your side. An 80,000-pound truck doesn’t just cause a “fender bender.” It changes your life in a fraction of a second.
If you or someone you love has been hurt in a trucking accident in Massachusetts, you aren’t just dealing with a traffic ticket. You are facing a legal emergency. Trucking companies and corporate fleet operators don’t play by the same rules as everyday drivers. They have rapid-response teams, an army of defense lawyers, and multi-million dollar insurance policies they will fight tooth and nail to protect.
We are Attorney911, led by founding partner Ralph Manginello. With over 25 years of experience in the courtroom, Ralph has spent his career holding massive corporations accountable. Since 1998, our firm has stood as the “first responder” for injury victims. We’ve gone toe-to-toe with the world’s largest companies, from BP to Walmart and Amazon, recovering over $50 million for families whose lives were shattered by negligence.
Our team brings an insider advantage that few firms can match. Our associate attorney, Lupe Peña, used to work for the insurance companies. He knows their playbook because he helped write it. He’s seen how they train adjusters to lowball victims and how they look for any excuse to deny a legitimate claim. Today, he uses that insider knowledge to fight against them. When you call us, you aren’t just getting a lawyer; you’re getting a shield. As our client Chad Harris said, “You are NOT just some client… You are FAMILY to them.”
The clock is already ticking. Evidence in Massachusetts truck accidents—from the “black box” data on the truck to the electronic logs of the driver—can disappear in as little as 30 days. You need to move fast. Call us 24/7 at 1-888-ATTY-911 for a free, confidential consultation. Hablamos Español. Llame a Lupe Peña al 1-888-288-9911 para una consulta gratis.
Why Massachusetts Trucking Corridors Are So Dangerous
Massachusetts sits at the heart of the Northeast’s freight network. From the Port of Boston and the Conley Terminal to the massive distribution hubs in Worcester and Springfield, our roads are shared with thousands of commercial vehicles every hour. We know the Massachusetts trucking landscape—from the “Southeast Expressway” congestion to the steep grades in the Berkshires on I-90.
Truck accidents in Massachusetts are often driven by three factors: congestion, terrain, and weather. When an 18-wheeler is rushing to meet a delivery deadline at an Amazon fulfillment center in North Andover or Fall River, the driver may push past their legal hours. When a dump truck is hauling materials to a major infrastructure project in downtown Boston, a single blind spot error can crush a smaller car or strike a cyclist.
The danger isn’t limited to 18-wheelers. We represent victims hit by every type of commercial vehicle on Massachusetts roads:
- Delivery Vans: Branded Amazon, FedEx, and UPS vans racing through residential neighborhoods in Newton or Quincy.
- Dump Trucks and Concrete Mixers: Heavy construction vehicles that frequent development sites in Cambridge and Somerville.
- Garbage Trucks: Massive municipal or private waste trucks making frequent stops in tight suburban streets.
- Rental Trucks: U-Haul and Penske trucks driven by people with zero commercial training.
- Public Transit: MBTA buses and regional transit authority vehicles.
No matter what hit you, if it was a commercial vehicle, the stakes are higher. You need an attorney like Ralph Manginello, who understands the federal regulations governing these giants. Don’t wait for the insurance company to call you. Call us first at (888) 288-9911.
Massachusetts Truck Accident Laws You Need to Know
Every state handles personal injury cases differently. In Massachusetts, three specific legal frameworks will define your case. Understanding these is the first step toward securing the “handsome check” client Donald Wilcox received after other firms rejected his case.
1. The Three-Year Statute of Limitations
In Massachusetts, you generally have three years from the date of the accident to file a personal injury or wrongful death lawsuit. While three years might sound like a long time, in the world of trucking litigation, it is a blink of an eye. If you miss this deadline by even one day, you lose your right to recover forever. But the real deadline is much shorter: the timeline for preserving evidence. We send spoliation letters within 24 hours of being hired to ensure that the trucking company doesn’t “accidentally” overwrite the data that proves they were at fault.
2. Modified Comparative Negligence (The 51% Bar)
Massachusetts follows a “modified comparative negligence” rule. This means you can still recover money even if you were partially at fault for the accident, as long as your fault is not greater than the combined negligence of the defendants. If a jury finds you were 20% at fault because you were slightly over the speed limit when a truck jackknifed, your total award would be reduced by 20%. However, if you are found 51% or more at fault, you get nothing. Trucking companies and their former defense lawyers—the kind Lupe Peña used to work with—will aggressively try to shift the blame onto you to avoid paying. We know how to shut those tactics down.
3. PIP and Tort Thresholds
Massachusetts is a “no-fault” insurance state for minor accidents, meaning your own Personal Injury Protection (PIP) usually covers the first $8,000 of medical bills. However, truck accidents are rarely minor. To step outside the no-fault system and sue the trucking company for pain, suffering, and full damages, your medical expenses must exceed $2,000 OR your injuries must involve permanent disfigurement, a fractured bone, or loss of sight/hearing. Given the weight of an 18-wheeler, nearly every truck accident we handle easily clears this threshold.
The Federal Motor Carrier Safety Administration (FMCSA) Framework
When Ralph Manginello takes on a trucking case, he doesn’t just look for who hit whom. He looks for who broke federal law. The FMCSA governs every commercial truck that crosses state lines or hauls significant weight. These regulations, found in 49 CFR Parts 300-399, are the roadmap to proving negligence.
49 CFR Part 395: The Battle Against Driver Fatigue
Fatigue is the quiet killer on Massachusetts highways. A driver coming from a long haul in the Midwest may have been on the road for 14 hours by the time they reach Springfield. Under 49 CFR Part 395, drivers are strictly limited:
- The 11-Hour Rule: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty.
- The 14-Hour Rule: Drivers cannot drive beyond the 14th hour after coming on duty.
- The 30-Minute Break: A 30-minute rest is required after 8 cumulative hours of driving.
Trucking companies often pressure drivers to ignore these rules to maximize profit. We subpoena the Electronic Logging Device (ELD) data to see if the driver was faking their rest periods. If they broke the rest rules, the trucking company broke the law.
49 CFR Part 391: Driver Qualification
Did the person behind the wheel of that 80,000-pound rig have a valid CDL? Did they have a history of DUIs or recent crashes? Under Part 391, the motor carrier has a “non-delegable duty” to ensure their drivers are qualified. This includes annual driving record reviews and medical certifications. If a company hired a driver with a dangerous record, we pursue them for negligent hiring. Our firm’s founder has spent over 25 years exposing companies that put unsafe drivers on Massachusetts roads just to save a few dollars in wages.
49 CFR Part 393 & 396: Maintenance and Brakes
Did the brakes fail as the truck descended a grade on I-90? Was a tire retread bald, leading to a massive blowout? These are preventable tragedies. Parts 393 and 396 require systematic inspection and maintenance. If the trucking company deferred maintenance to keep a truck on the road, they are liable. We hire mechanical experts to examine the wreckage and prove that the equipment was a disaster waiting to happen.
Learn more in our video guide: “The Definitive Guide To Commercial Truck Accidents” at https://www.youtube.com/watch?v=iEEeZf-k8Ao
Types of Massachusetts Truck Accidents We Handle
No two crashes are the same, but the physics of heavy vehicles create specific accident patterns. We have the technical expertise to reconstruct these complex events.
Jackknife Accidents on I-495 and I-190
A jackknife occurs when the drive wheels of the tractor lock up, but the trailer keeps moving, swinging out at a 90-degree angle. This most often happens on wet or icy Massachusetts roads during a Nor’easter. When a trailer jackknifes across three lanes of I-495, there is no way for the cars behind to escape. We look for evidence of improper braking (Part 393) or excessive speed for conditions (Part 392).
Rollover Accidents and High Centers of Gravity
Trucks are top-heavy. If a driver takes a tight interchange ramp on the “Big Dig” or the “Newton Supercollider” too fast, the centrifugal force will pull the truck onto its side. Rollovers are often caused by improper cargo securement (49 CFR § 393.100). If the load shifts inside the trailer, the driver loses control. We hold the loading companies and shippers accountable when their carelessness causes a rollover.
Underride Collisions: The Most Lethal Scenarios
An underride collision occurs when a car slides under the rear or side of a trailer. Because the trailer is so high, the car’s roof is often sheared off, leading to decapitation or catastrophic TBI. Federal law (49 CFR § 393.86) requires rear guards, but many are poorly maintained or lack the strength to stop a car. We also fight for victims of side-underrides, where the lack of side guards is a known safety defect the industry refuses to fix.
Right-Hook Accidents with Cyclists and Pedestrians
In dense urban centers like Boston, Cambridge, and Worcester, trucks must share the road with “Vulnerable Road Users.” A “right hook” happens when a truck turns right at an intersection and crushes a cyclist or pedestrian in its massive right-side blind spot. As an attorney who knows the inner workings of insurance defense, Lupe Peña knows that trucking companies will always blame the pedestrian. We use intersection cameras and black box data to prove the driver failed to check their mirrors as required by Part 392.
Brake Failure and Tire Blowouts
If you were hit because a truck “couldn’t stop,” the law views that as a maintenance failure. An 80,000-pound truck traveling 65 mph needs nearly two football fields to stop. If those brakes were worn down or the tires were defective, the impact is unavoidable.
Learn more in our video guide: “Truck Tire Blowouts and When You Need a Lawyer” at https://www.youtube.com/watch?v=RCTumr1looc
The 16 Parties We Hold Accountable
Most lawyers just sue the driver. At Attorney911, we know that to get the multi-million dollar settlements our clients deserve, we must follow the money up the entire chain. More defendants mean more insurance policies to stack.
- The Truck Driver: For direct negligence like speeding, distraction, or impairment.
- The Trucking Company (Carrier): Under the doctrine of respondeat superior, the company is responsible for its driver’s actions.
- The Cargo Owner/Shipper: If they required an unsafe schedule that forced the driver to speed or skip sleep.
- The Loading Company: For failing to secure the load, leading to a shift or spill.
- Truck and Trailer Manufacturers: If a design defect like a failed underride guard or steering malfunction caused the crash.
- Parts Manufacturers: For defective tires, brakes, or coupling devices.
- Maintenance Companies: If a third-party shop performed a negligent repair that led to a mechanical failure.
- Freight Brokers: For “negligent selection”—hiring a cut-rate carrier with a documented history of safety violations.
- The Truck Owner: In some “owner-operator” leases, the entity that owns the equipment has separate liability.
- Government Entities: If a poorly designed intersection or unmaintained road in a Massachusetts construction zone caused the crash.
- Corporate Parents (Walmart, Amazon, FedEx): When these giants use independent contractors to shield themselves, we use the “Economic Reality Test” to prove they are the true employers.
- Staffing Companies: If the driver was provided by a temporary agency that failed to run a background check.
- Rental Truck Companies (U-Haul/Penske): For renting a dangerous multi-ton vehicle to an unqualified civilian.
- Transit Agencies/School Districts: Handling the unique “Tort Claim” notice requirements for MBTA or regional school bus crashes.
- Federal Government (FTCA): If you were hit by a USPS mail truck or a military vehicle, we navigate the complex Federal Tort Claims Act.
We leave no stone unturned. If you’ve been hurt, don’t settle for a lawyer who is afraid of the paperwork. Call us at 1-888-ATTY-911 and let us build a case against every single party that failed you.
48-Hour Evidence Preservation: Why You Can’t Wait
Evidence in a truck accident isn’t like a car crash. The most important proof is electronic, and it is in the hands of the people you are suing.
The “Black Box” (ECM): These devices record speed, braking, and engine data. Many units only store data from the last two or three “hard braking events.” If the truck stays on the road for a few more days, the data from your accident is overwritten and gone forever.
Electronic Logging Devices (ELD): These prove if the driver was awake for 20 hours straight. FMCSA only requires carriers to keep these logs for six months, but they often “disappear” much sooner if they show violations.
Netradyne and In-Cab Cameras: Companies like Amazon use AI cameras that monitor the driver’s eyes. If that driver was looking at a phone or nodding off, the camera caught it. Amazon typically deletes routine footage within days.
Our Protocol: Within 24-48 hours of being hired, we send a formal Notice of Spoliation to every liable party. This letter legally freezes the evidence. If they delete it after receiving our notice, we can ask the judge for a “spoliation instruction,” which tells the jury to assume the deleted data would have proven the company was guilty. We move fast so you don’t lose your chance at justice.
Catastrophic Injuries and the Cost of a Recovery
Truck accidents produce injuries that require a lifetime of care. Ralph Manginello is a “Million Dollar Member” of the Trial Lawyers Achievement Association for a reason—he knows how to calculate the true lifetime cost of these tragedies.
- Traumatic Brain Injury (TBI): $1.5M – $9.8M+. A TBI changes who you are. From memory loss to personality changes, we help you secure the funds for specialized cognitive therapy. Learn more: “The Ultimate Guide to Brain Injury Lawsuits” at https://www.youtube.com/watch?v=GBYAHi5aiEQ
- Spinal Cord Injury & Paralysis: $4.7M – $25.8M+. These cases require a “Life Care Plan.” We account for every wheelchair replacement, every home modification, and every hour of nursing care you will need for the next 40 years.
- Amputations: $1.9M – $8.6M. Beyond the initial trauma, a lost limb means a lifetime of prosthetic costs and phantom pain management.
- Wrongful Death: $1.9M – $9.5M. When a family loses a provider, the damages must include lost future income, loss of parental guidance, and the immense mental anguish of the survivors.
If your injury is “just” a herniated disc, don’t let the insurance company tell you it’s a minor claim. A herniated disc that requires surgery can settle for $346,000 to $1.2M. Lupe Peña knows how adjusters try to call these “age-related” or “pre-existing.” He shuts that down with medical evidence connecting the disc damage to the G-forces of the truck impact.
Dealing with Corporate Giants (Amazon, Walmart, FedEx, UPS)
If you were hit by a vehicle with a famous logo, you are in a high-stakes battle. Companies like Walmart and UPS are “self-insured,” meaning they pay settlements from their own corporate treasuries. They fight harder because it is their own bottom line at stake.
The Amazon “Contractor” Defense: Amazon will claim they aren’t responsible because the van says “Logic Logistics” on the door. We know better. Amazon sets the driver’s route, dictates their speed, and monitors them through AI. We pierce that “independent contractor” shield to get to Amazon’s massive insurance layers.
The FedEx Ground Maze: Similar to Amazon, FedEx Ground uses a contractor model. But FedEx also carries a $5 million “contingent” policy that we know how to access when the contractor’s insurance isn’t enough to cover your catastrophic medical bills.
We’ve been in the ring with these giants. We’ve litigated against BP and Coca-Cola. Their army of lawyers doesn’t intimidate us; it motivates us. As client Ernest Cano said, “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Total Compensation: Finding Your “Hidden Damages”
Most people think a settlement is just for medical bills and lost paychecks. Those are just the “economic” damages. An experienced Massachusetts trucking attorney finds the “hidden damages” that insurers never mention:
- Loss of Earning Capacity: If your injury means you can no longer work your trade, you haven’t just lost today’s pay—you’ve lost 30 years of future raises and promotions.
- Household Services: The cost of hiring someone to do the cooking, cleaning, and yard work you can no longer perform.
- Loss of Enjoyment of Life (Hedonic Damages): What is it worth to never be able to coach your child’s team or hike the trails in the Berkshires again?
- Aggravation of Pre-Existing Conditions: If you had a slight back ache before, but the truck accident turned it into a permanent disability, the law says the defendant is responsible for the entire resulting harm.
We fight for every dime. Glenda Walker, another one of our satisfied clients, put it best: “They fought for me to get every dime I deserved.” Call (888) ATTY-911 and let us do the same for you.
Massachusetts Truck Accident FAQ
Q: How much does it cost to hire Attorney911?
A: Zero dollars upfront. We work on a contingency fee basis. This means we advance all the costs—hiring experts, filing lawsuits, subpoenas—and we only get paid if we win money for you. If we don’t recover, you don’t owe us a penny.
Q: I was hit by a truck on I-95 in Massachusetts. Where will my case be filed?
A: Depending on the trucking company’s headquarters and the location of the crash, your case might be filed in a Massachusetts Superior Court or in Federal District Court. Because Ralph Manginello is admitted to Federal Court, he can handle your case in whichever venue gives you the best chance at a high verdict.
Q: What if the driver was an independent contractor for a company like Amazon?
A: We go after both. The contractor represents the first layer of insurance, while we use agency law to hold the corporate parent like Amazon responsible for their control over the driver.
Q: How long does a truck accident case take in Massachusetts?
A: Cases with clear liability may resolve in 6-12 months. However, if your injuries are catastrophic, we will not settle until we know the full extent of your future medical needs. That may take 18-24 months. We move as fast as the law allows without sacrificing the value of your case. As client Angel Walle said, “They solved in a couple of months what others did nothing about in two years.”
Q: The insurance company keeps calling me to “check in.” Should I talk to them?
A: NO. They are not checking in; they are looking for information to use against you. They are hoping you’ll say “I’m doing okay today,” so they can argue you aren’t really hurt. Direct all calls to your lawyer. Learn more: “What Should You Not Say to an Insurance Adjuster?” at https://www.youtube.com/watch?v=9UKRbFprB0E
Q: Can I sue for PTSD after a Massachusetts truck wreck?
A: Yes. In Massachusetts, emotional distress and PTSD are fully compensable damages. The trauma of being hit by a massive commercial vehicle is terrifying and often leaves victims afraid to drive on highways like I-93. We ensure your psychological treatment is funded and compensated.
Q: What if a family member was killed by a delivery truck?
A: We are deeply sorry for your loss. Massachusetts has a specific Wrongful Death Statute (M.G.L. c. 229, § 2). We can help the estate representative file a claim to recover for the family’s loss of income, companionship, and funeral costs. Call us at 1-888-ATTY-911 for compassionate guidance.
Q: Does it matter if the truck was a dump truck or an 18-wheeler?
A: Legally, both are commercial vehicles, but the insurance pools differ. Dump trucks are often part of smaller operations, but they may be working for large developers or the state government (MBTA, MassDOT), which creates different ways to recover.
Q: I dont have a doctor who knows how to treat truck accident injuries. Can you help?
A: Yes. We can help connect you with vetted medical professionals in Massachusetts who understand the complexities of TBI, spinal trauma, and internal injuries. You shouldn’t have to navigate your recovery alone.
Your Fight Starts With One Call: 1-888-ATTY-911
The trucking company is already working against you. Within hours of the crash, their “Go Teams” were likely at the scene taking photos and interviewing witnesses to build a defense. You deserve a team that moves just as fast.
Ralph Manginello and the team at Attorney911 bring 25+ years of experience and a former insurance defense insider to every case. We treat you like family, not a file number. We’ve fought the biggest corporations in America, and we’re ready to fight for you.
Don’t let your evidence disappear. Don’t let your rights expire. Don’t let an insurance adjuster dictate the value of your life.
Call 1-888-ATTY-911 (1-888-288-9911) right now. We are available 24/7. Hablamos Español. Your consultation is free, and you pay nothing unless we win.
Whether you were hit on the Pike, in the heart of Boston, or on a quiet backroad in Berkshire County, Attorney911 is your first responder to a legal emergency. We answer. We fight. We win.
(888) 288-9911 | ralph@atty911.com | https://attorney911.com
Disclaimer: Past results do not guarantee future outcomes. This content is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a contract is signed.