After a truck accident, call 911 right away, then check yourself and all passengers for injuries. Move to safety if traffic allows. Get medical care the same day — even if you feel okay — because many serious injuries show up hours later. Take photos, get the driver's information, and file a crash report with the NY DMV within 10 days if anyone was hurt or property damage topped $1,000.
Being hit by a commercial truck is not like a normal car crash. Tractor-trailers can weigh up to 80,000 pounds when fully loaded — roughly 20 times the weight of a passenger car. That difference in mass creates crash forces that routinely cause traumatic brain injuries, spinal damage, broken bones, and internal bleeding that may not show up right away.
The shock of a serious truck accident leaves most people disoriented. This guide covers what to do after a truck accident — the concrete steps from the moment of impact through the days that follow — to protect your health and preserve your options.
What's in this video?
An attorney from The Orlow Firm explains the key differences between truck accidents and regular car accidents — including the additional regulations that govern commercial vehicles, the severity of injuries, and the multiple parties that may be involved.
Step 1: Prioritize Safety at the Scene
Before anything else, protect yourself from additional harm.
If your vehicle is still in the roadway and you can move it, activate your hazard lights first, then carefully pull to the shoulder or another safe spot. If the truck is leaking fuel, get as far away as possible — fuel spills can ignite.
If you cannot move your vehicle, or if you think there may be a spinal injury, stay still and wait for emergency responders. Do not move anyone with a possible neck or back injury unless there is an immediate danger like fire.
Once you are in a safe spot, check yourself and any passengers for injuries. Do not assume you are unhurt. Adrenaline numbs pain, and it is common to feel fine right after a truck accident only to find serious injuries hours later once it wears off.
Step 2: Call 911 and Get a Police Report After a Truck Accident
Call 911 from the scene. Tell the dispatcher that the accident involves a commercial truck, give your location, and say whether anyone appears to be hurt.
A police report is not optional in New York. Under New York Vehicle and Traffic Law § 605, anyone in a crash where a person is injured or killed — or where property damage to any one person tops $1,000 — must file a written report with the NY DMV within 10 days. If police come to the scene, they generate a report, but you still have your own obligation to file Form MV-104 directly with the DMV.
When the officer arrives:
- Give a factual account of what happened. Do not guess about fault or say you're sorry.
- Get the officer's name, badge number, and the case or report number.
- Ask how to get your copy of the accident report.
If police do not come to the scene, you must file MV-104 yourself within 10 days. For crashes involving a commercial truck, a supplemental MV-104S form is also required. Both are available at the NY DMV website. Missing this deadline is a misdemeanor and can lead to license suspension.
Step 3: Seek Medical Attention the Same Day
Go to an emergency room or urgent care as soon as you leave the scene — even if you feel fine.
Truck accident injuries that often have delayed symptoms include:
- Whiplash and cervical spine injuries — neck stiffness and pain may not appear for 12–48 hours
- Traumatic brain injury (TBI) — headaches, confusion, or mood changes can develop hours or days later
- Internal bleeding — abdominal tenderness, dizziness, or lightheadedness may be the only early signs
- Spinal disc herniation — radiating pain or numbness in the arms or legs can emerge after swelling increases
At your medical visit:
- Describe the accident in detail — the force of impact and where your body was positioned
- Mention every symptom, even minor ones like headache, nausea, or stiffness
- Follow all discharge instructions and go to every follow-up appointment
- Keep all medical records, bills, imaging results, and prescription information
Your medical record tells the story of your physical condition after the crash. Gaps in treatment — missed appointments, delays in getting care — can make it harder to show what the accident caused.
What's in this video?
Attorneys at The Orlow Firm walk through the specific steps New York truck accident victims should take right after a crash, including what to document, who to contact, and why timing matters for preserving evidence.
Step 4: Document the Scene and Collect Information
If you are physically able to do so safely, gather as much information as possible at the scene.
Photograph or video the following:
- The truck's license plate and DOT identification number (usually on the cab door)
- The trucking company name and logo on the side of the truck
- Visible damage to both your vehicle and the truck
- Skid marks, debris, and the overall layout of the scene
- Road conditions, weather, traffic signs, and signals
- Any visible injuries (with consent where applicable)
Collect from the truck driver:
- Full name and driver's license number
- Trucking company name and contact information
- Commercial vehicle insurance carrier and policy number
From witnesses:
- Full name and phone number — neutral third-party accounts matter
Write down or voice-record:
- The time and date
- Weather and lighting conditions
- The direction each vehicle was traveling
- What you were doing right before impact
- Any observations about the driver (signs of fatigue, phone use, distraction)
A note on black box data: Many commercial trucks carry an Event Data Recorder (EDR) — sometimes called a "black box" — that logs speed, braking, and GPS data in the seconds before and during a crash. Commercial trucks are also required by the FMCSA to carry Electronic Logging Devices (ELDs) tracking hours of service. This data is time-sensitive and can be overwritten or erased. Knowing it exists is worth noting; what happens with it from a legal standpoint is a separate question.
Step 5: Report the Truck Accident to the NY DMV
New York VTL § 605 requires you to file Form MV-104 with the NY DMV within 10 days of an accident that caused injury, death, or property damage over $1,000 to any one person. Commercial truck crashes also require a supplemental MV-104S form.
You can file both at dmv.ny.gov.
Missing this deadline is a misdemeanor. Your license can be suspended until the report is on file.
Step 6: Protect Your Health in the Days After
Recovery from a serious truck accident takes time.
Keep a daily symptom journal. Write down your pain levels, sleep quality, mood, and any new symptoms each day. This gives you a real-time record of your recovery.
Go to every follow-up appointment. Physical therapy, specialist visits, and imaging studies all add to an accurate medical picture of your injuries.
Contact your own auto insurance carrier. New York is a no-fault state. Under New York's No-Fault Insurance Law, your own insurer covers up to $50,000 per person in basic economic loss — including medical expenses and a portion of lost wages — regardless of who caused the accident. File this claim promptly.
Do not give a recorded statement to the trucking company's insurer. Their adjusters may call quickly. You are not required to provide a recorded statement to the other side's insurance company. Politely decline.
When a Truck Accident Gets More Complex
Truck accidents involve layers that go beyond a regular car crash: federal safety rules from the FMCSA, multiple parties (the driver, the trucking company, the cargo loader, the maintenance contractor), and evidence that can disappear fast.
If your injuries are serious, or if you have questions about the legal side of things, this guide is a starting point — not the full picture. The Queens truck accident lawyers at The Orlow Firm handle these cases and can explain what applies to your situation.
Learn about your legal options after a truck accident → /queens-truck-accident-lawyer
Frequently Asked Questions About Truck Accidents
What should I do immediately after a truck accident?
Call 911, activate your hazard lights, and move to safety if you can do so without making injuries worse. Check yourself and any passengers for injury. If traffic is still moving around you, stay in the vehicle. Once police arrive, give a factual statement and ask for the report number. Get medical care the same day.
How long do I have to report a truck accident in New York?
Under NY VTL § 605, you must file Form MV-104 with the NY DMV within 10 days of an accident that caused injury, death, or property damage over $1,000. Commercial truck crashes also require a supplemental MV-104S form. Missing this deadline is a misdemeanor and can lead to license suspension.
Should I go to the emergency room after a truck accident?
Yes — go the same day, even if you feel fine. Whiplash, traumatic brain injury, and internal bleeding often have delayed symptoms that appear hours or days after impact. A same-day evaluation creates a baseline record of your condition and can catch injuries before they worsen.
What information should I get from the truck driver?
Get the driver's full name, driver's license number, trucking company name and contact info, and the insurance carrier and policy number. Also photograph the truck's license plate and the DOT number on the cab door.
Can I move my car after a truck accident?
Move your vehicle only if it is safe, drivable, and staying in place creates more danger. Pull to the shoulder rather than leaving the scene entirely. If the car cannot be moved safely, turn on hazard lights and wait. Leaving the scene after an injury accident is a crime in New York.
Sources & Official Resources
New York Laws Cited
Government & Agency Resources 2. NY DMV — File a Motorist Crash (Accident) Report 3. FMCSA Hours of Service Regulations 4. NY DFS — New York Motor Vehicle No-Fault Insurance Law
Contact The Orlow Firm
If you or a family member has been injured in a truck accident, The Orlow Firm has handled these cases for over 40 years. We offer a free consultation and do not charge a fee unless we recover compensation for you.
Call (646) 647-3398 — Se Habla Español.
Our main office is in Queens at 71-18 Main Street, Queens, NY 11367. We also have offices in Manhattan, Brooklyn, and the Bronx, and can come to you if travel is difficult.
