If a truck just turned your life upside down, you probably have more questions than answers: who pays the hospital, whether you have to report the crash, whether you can afford a lawyer, and whether you even need one. This page is a plain-English guide to truck accident legal help in Queens, written by a Queens accident lawyer team. It covers what to do in the first days, which help is free, how New York’s contingency fee rules protect you, and what a truck case really costs and how long it takes.
If you would rather talk it through, call Yakov Mushiyev & Associates at 718.775.3110. The consultation is free, and we will come to your home or hospital if you cannot travel.
The First 72 Hours: A Checklist
Nobody is at their best after being hit by a truck. Use this as a list to work through, or hand it to a family member.
- Get checked out. Go to the ER or urgent care even if you feel okay. Adrenaline hides injuries, and a gap before treatment is something insurers use against you later. Queens hospitals that treat crash victims include Elmhurst Hospital, Jamaica Hospital, NewYork-Presbyterian Queens in Flushing and LIJ Forest Hills.
- Get the truck’s identity. Photograph the company name on the door, the license plate, any USDOT number painted on the cab, and the trailer number if there is one. Trucks are often owned by one company and driven for another, and these numbers help us trace both.
- Get the police report number. If the NYPD responded, ask the officer for the report number and precinct.
- Photograph everything. Your injuries, the vehicles, skid marks, the intersection, traffic signals and any store cameras pointed at the street.
- Collect witnesses. Names and phone numbers. Bystanders on Queens Boulevard or Northern Boulevard disappear fast.
- Say less, not more. Do not apologize or guess about speed or distance, and do not give a recorded statement to the truck company’s insurer.
- Start a folder. Keep every bill, receipt, discharge paper and letter. Write down how you feel each day.
Free Help Available to Anyone After a Queens Truck Crash
A lot of the help you need costs nothing, and you can get much of it without a lawyer.
The NYPD collision report
When the NYPD responds to a crash with injuries, officers prepare a police accident report. You can request a copy from the precinct that responded, or through the NYPD’s records process. For serious crashes, the NYPD’s Collision Investigation Squad may investigate; the department’s collision FAQ explains how those investigations and records requests work. The report is not the final word on fault, but it records the parties, the vehicles, the insurance information and often witness names.
Your own DMV report (MV-104)
Under Vehicle and Traffic Law §605, every driver involved in a crash that causes injury or death, or property damage over $1,000, must file a Report of Motor Vehicle Accident (Form MV-104) with the DMV within 10 days. That obligation is yours even if police took a report. If you were too badly hurt to file, a lawyer or family member can help once you are able. Keep a copy.
No-fault benefits
New York’s no-fault system pays medical bills and a portion of lost wages regardless of who caused the crash: up to $50,000 in basic economic loss under a standard policy, with lost earnings generally paid at 80% up to $2,000 a month. If you were in a car, the car’s insurer usually pays; if you were walking or biking, it is generally the insurer of the vehicle that struck you. Motorcyclists are not covered by no-fault. The application generally must be filed within 30 days. Ask the insurer for the form (NF-2) in writing, and keep proof of when you sent it.
Your health insurance and paid leave
Health insurance may cover care after no-fault limits are exhausted. If you were working when the truck hit you, workers’ compensation may apply instead of no-fault, and if the crash happened off the job, New York’s statutory disability benefits may replace part of your income. These benefits interact with one another, which is one reason people seek truck accident legal help in Queens early.
When You Need a Lawyer, and When You May Not
Not every crash needs an attorney. If a truck clipped your parked car and no one was hurt, a property damage claim with the truck company’s insurer is usually something you can handle yourself. But legal help is worth getting when any of these are true:
- You broke a bone, needed surgery, have a spine or head injury, or are still treating weeks later.
- The truck belonged to a company, a contractor or the City.
- More than one vehicle or company was involved.
- The insurer is disputing fault or asking for a recorded statement.
- Someone was killed.
- You were working at the time, so workers’ compensation and a lawsuit may both be in play.
There are two big reasons truck cases in particular need a lawyer. First, evidence such as dashcam video, telematics and driver logs sits with the truck company, and some of it is overwritten in days or weeks unless someone demands that it be preserved. Interstate carriers are subject to federal rules, including FMCSA hours-of-service limits, and their records can show whether a driver was fatigued or over schedule. Second, deadlines can be short. Claims against the City of New York, for example over a Sanitation truck, generally require a Notice of Claim within 90 days under General Municipal Law §50-e.
To sue for pain and suffering in a motor-vehicle case, you also must show a “serious injury” under Insurance Law §5102(d), which after the 2026 changes means one of eight categories, such as a fracture, significant disfigurement, or a permanent or significant limitation of a body function or system. And for motor-vehicle lawsuits commenced on or after May 26, 2026, if you are found more at fault than the defendants combined you recover nothing; at 50% or less, your award is reduced by your share. Those rules make the early investigation more important than ever.
How Contingency Fees Work in New York
Most people hurt in truck crashes cannot pay a lawyer by the hour, and they do not have to. Personal injury lawyers in New York generally work on contingency: the fee is a percentage of what is recovered, and if there is no recovery, there is no fee. New York regulates these fees closely. In Queens, which is in the Appellate Division’s Second Department, the court rule (22 NYCRR 691.20) limits personal injury contingency fees to one of two schedules:
| Schedule | Maximum fee |
|---|---|
| Schedule A (sliding scale) | 50% of the first $1,000; 40% of the next $2,000; 35% of the next $22,000; 25% of anything over $25,000 |
| Schedule B (flat) | Up to one-third (33⅓%) of the sum recovered |
In practice, most personal injury retainers in New York use the one-third schedule. A few other points worth knowing:
- The fee is figured on the net recovery. Case expenses, such as filing fees, records, and expert costs, are deducted from the recovery first, and the percentage is applied to what remains.
- The agreement must be in writing, and the lawyer files a retainer statement with the Office of Court Administration.
- Ask how expenses are handled if the case is lost. Some firms absorb costs on a lost case and some do not; whatever the arrangement, it should be spelled out in the retainer.
- Medical malpractice is different. It has its own sliding scale, so do not assume the same numbers apply to every case.
Here is a simple illustration of the arithmetic, not a prediction of any case: if a case settles for $90,000 and there were $3,000 in expenses, the fee under a one-third agreement is figured on $87,000, which is $29,000, and the client receives $58,000 before any lien repayments, such as a health plan’s.
Questions to Ask Before You Hire Anyone
A free consultation is also your chance to interview the firm. Good questions include:
- Who will actually handle my case day to day, and who do I call with questions?
- Have you handled cases against trucking companies, and have you taken truck cases into litigation?
- What percentage do you charge, and how are expenses handled if we lose?
- What will you do in the next two weeks to preserve evidence?
- How often will I hear from you, and how?
- Can you come to me while I am recovering?
Be wary of anyone who promises a specific dollar figure at the first meeting, pressures you to sign on the spot, or cannot explain the fee in plain terms.
What a Truck Case Costs and How Long It Takes
With a contingency fee, you pay nothing up front. The bigger cost for most people is time. Every case is different, but truck claims in Queens usually move through these stages:
| Stage | What happens | Typical timing |
|---|---|---|
| Investigation | Preservation letters, police report, witnesses, insurance search | First weeks to first few months |
| Treatment | You recover; we gather records and track no-fault | Months, sometimes longer |
| Claim and negotiation | Demand to insurers once injuries are understood | Often after treatment stabilizes |
| Lawsuit | Filed in Queens County Supreme Court if needed; deadline generally 3 years under CPLR 214 | Within the limitations period |
| Discovery and depositions | Exchange of records, testimony, medical exams | About a year or more |
| Resolution | Settlement, mediation or trial | Varies widely |
A case that settles before a lawsuit can sometimes resolve in months. A case that has to be litigated commonly takes a year or two, and longer if it goes to trial. Settling too early, before you know whether you will need surgery, is one of the most expensive mistakes people make.
Getting Help From Our Firm
Yakov Mushiyev & Associates is a Queens personal injury firm. Yakov Mushiyev started as the head litigation paralegal at a personal injury firm before founding his own practice, and clients can reach him directly. We take truck cases on contingency, with no fee unless we recover, and we handle the no-fault paperwork, the evidence demands and the insurers so you can focus on getting better. Read more about how these claims work on our truck accident lawyer page, or, for neighborhood-specific guidance, our Forest Hills truck accident page.
Directions to Our Office from Anywhere in Queens
Yakov Mushiyev & Associates, P.C.
1 Cross Island Plaza, Suite 325
Rosedale, NY 11422
Phone: 718.775.3110
Monday – Friday, 9:00 a.m. – 6:00 p.m.
Free consultation — home and hospital visits available.
Our office is in Cross Island Plaza in Rosedale, near the Queens–Nassau line, close to the junction of the Belt Parkway and the Cross Island Parkway. Typical routes:
- From Flushing, Bayside or Whitestone: take the Cross Island Parkway south, which leads toward the Belt Parkway, and exit toward Rosedale. Directions from Flushing.
- From Forest Hills, Rego Park or Kew Gardens: take the Grand Central Parkway or Van Wyck Expressway (I-678) south to the Belt Parkway east, toward the Cross Island Parkway, and exit toward Rosedale; typically about 25 to 40 minutes. Directions from Forest Hills.
- From Astoria, Long Island City or Jackson Heights: take the Grand Central Parkway east to the Van Wyck Expressway south, then the Belt Parkway east. Directions from Astoria.
- From Jamaica or South Jamaica: it is a short drive southeast toward the Belt Parkway and Rosedale. Directions from Jamaica.
By transit: Take the LIRR to Jamaica, transfer to a Far Rockaway Branch train to Rosedale station, then take a short cab ride. If getting here is hard, we will come to you.
Truck Accident Legal Help in Queens: FAQs
Where can I get free truck accident legal help in Queens?
Many Queens personal injury firms, including ours, offer free consultations and work on contingency, so you pay nothing unless there is a recovery. Free public resources include the NYPD collision report, the DMV’s MV-104 form and your no-fault insurer’s claim forms.
Do I have to file an MV-104 if the police already made a report?
Yes. Under Vehicle and Traffic Law §605, each driver involved in a crash with injury, death or property damage over $1,000 must file an MV-104 with the DMV within 10 days, even if police responded.
What is the most a lawyer can charge in a Queens truck accident case?
Under the Second Department rule, generally either one-third of the net recovery or a sliding scale that starts at 50% of the first $1,000 and drops to 25% above $25,000. The terms must be in a written retainer.
Who pays my medical bills right after a truck crash?
Usually no-fault insurance, up to $50,000 in basic economic loss under a standard policy. If you were hurt on the job, workers’ compensation generally pays instead.
What if a City Sanitation truck hit me?
You must generally serve a Notice of Claim on the City within 90 days and sue within one year and 90 days. Do not wait on these deadlines.
Can you meet me if I live far from Rosedale?
Yes. We meet clients at home, in the hospital and by video anywhere in Queens.
Talk to Someone Today
You do not have to figure this out alone. Call 718.775.3110 or contact us online for a free, no-obligation conversation about your truck crash. No fee unless we recover.
This page is general information about New York law, not legal advice about your situation. Every case turns on its own facts, and deadlines can vary. Attorney Advertising.