Truck accidents are some of the most devastating crashes on New York roads. When an 80,000-pound commercial truck collides with a passenger car, the force of impact can cause serious brain injuries that change a person's life forever. Unlike a broken bone that heals over time, brain injuries often cause permanent damage to memory, thinking, personality, and the ability to work.
If you or someone you love suffered a brain injury in a truck accident in New York, you may be entitled to significant financial compensation. Porter Law Group has recovered more than $500 million for injured clients across New York since 2009, including a $3.4 million jury verdict for a client whose insurer initially offered only $100,000.
Settlement
Jury Verdict
Settlement
Settlement
Brain injury cases are among the hardest claims to fight because the injury is not always visible on the outside. Insurance companies frequently argue that victims are exaggerating their symptoms or that the injury existed before the crash.
Porter Law Group fights back with the right medical experts. The firm works with neuropsychologists, neurologists, and life care planners who use advanced testing and imaging to document exactly how the brain was damaged and what that means for the victim's future. Led by Harvard-educated attorney Michael S. Porter, J.D., a former U.S. Army JAG Corps Captain with over 20 years of trial experience, the firm has a proven record of turning low settlement offers into life-changing verdicts and recoveries.
Seven of eight attorneys are recognized by Super Lawyers, a distinction earned by fewer than 5% of attorneys in New York.
"Insurance companies fight brain injury cases harder than almost any other claim because they know how expensive these injuries are over a lifetime. They will argue the MRI is normal, the victim is faking, or the symptoms are from depression. Our response is neuropsychological testing that maps exactly which cognitive functions are impaired, advanced neuroimaging (DTI, fMRI) that shows the structural damage standard MRI misses, and an economist who calculates decades of lost earning capacity. When we present that evidence, the case value becomes undeniable." Michael S. Porter, J.D., Porter Law Group
REQUEST A NO-OBLIGATION CASE REVIEW
A traumatic brain injury, or TBI, happens when a sudden blow, jolt, or force damages the brain. Brain injuries are grouped into three levels of severity: mild, moderate, and severe. These levels are based on how long a person was unconscious and how bad the symptoms were right after the crash.
Mild TBI (concussion): The person may have been briefly confused or unconscious for less than 30 minutes. Symptoms include headaches, dizziness, memory gaps, trouble concentrating, and mood changes. Despite the word "mild," these symptoms can last for months or years.
Moderate TBI: Unconsciousness lasts from 30 minutes to 24 hours. Victims often struggle to return to work and experience lasting changes in thinking and personality. Settlements typically range from $500,000 to $3 million or more.
Severe TBI: Unconsciousness lasts more than 24 hours or the person falls into a coma. Severe TBI often results in permanent disability, the inability to work, and the need for around-the-clock care. Settlements commonly range from $2 million to $10 million or more.
Even a mild brain injury can have serious, lasting effects. The word "mild" refers only to the initial severity of the crash, not to how much the injury affects a person's life going forward.
Traumatic brain injuries are classified as mild, moderate, or severe based on the Glasgow Coma Scale (GCS) score measured at the time of the initial medical evaluation, the duration of loss of consciousness, and the duration of post-traumatic amnesia.
| Severity | GCS Score | Loss of Consciousness | Common Symptoms | Typical Settlement Range |
| Mild TBI (concussion) | 13-15 | 0 to 30 minutes | Headaches, dizziness, memory gaps, difficulty concentrating, mood changes | $50,000 to $500,000+ |
| Moderate TBI | 9-12 | 30 min to 24 hours | Persistent cognitive deficits, personality changes, difficulty returning to work | $500,000 to $3M+ |
| Severe TBI | 3-8 | Over 24 hours or coma | Permanent cognitive disability, inability to work, need for 24-hour care, personality transformation | $2M to $10M+ |
Even a "mild" TBI can produce symptoms that last months or years and permanently affect the victim's ability to work, maintain relationships, and perform daily activities. The term "mild" refers to the initial severity of the impact, not the long-term consequences.
FIND OUT WHAT YOUR BRAIN INJURY CASE IS WORTH
There are several ways a truck crash can injure the brain, and not all of them involve a direct blow to the head.
Head striking surfaces inside the vehicle: In many crashes, the victim's head hits the steering wheel, dashboard, window, or door frame. Roof crush injuries in override crashes are especially dangerous because the roof itself is driven down into the occupant.
The brain moving inside the skull: In rear-end collisions and sudden stops, the brain can slam forward and then backward inside the skull without the head hitting anything at all. This is called a coup-contrecoup injury, and it can be serious even when there is no visible head wound.
Twisting and rotation: Rollover crashes and side-impact collisions cause the brain to twist inside the skull, tearing the tiny nerve fibers that allow different parts of the brain to communicate. This is known as diffuse axonal injury, and it is one of the most common causes of lasting brain damage in truck crashes. It often does not appear on a standard CT scan or MRI, which is why many victims are told their scans look normal even when they have a real injury.
Penetrating injuries and blasts: In some crashes, debris from cargo or tires can enter the vehicle and penetrate the skull. Tanker truck explosions can also cause pressure-wave injuries to the brain.
Truck accident cases often involve more than one at-fault party. Under New York law, you can pursue compensation from every party whose negligence contributed to your injury, regardless of how much fault is assigned to each.
The truck driver may be responsible for distracted driving, speeding, driving while fatigued, or driving under the influence. The truck's data recorder captures speed and braking information that helps prove what happened.
The trucking company is frequently responsible as well. Companies that push drivers to violate federal hours-of-service rules, skip required vehicle maintenance, or hire drivers with disqualifying records can be held liable for the resulting crashes. The trucking company's commercial insurance policy is typically the main source of compensation in serious TBI cases, since lifetime care costs can easily exceed $2 million. Learn more about trucking company negligence.
Third parties such as vehicle manufacturers, cargo loaders, or even government agencies responsible for road conditions may also share in the liability depending on the circumstances of the crash. Learn more about third-party liability in truck accidents.
A serious brain injury affects every part of your life, and the law allows you to seek compensation for all of it.
Financial losses cover emergency care and surgeries, ongoing medical treatment and therapy, the cost of in-home care or supervision, lost income while you recover, and the loss of your ability to earn the same wages you would have earned over your lifetime. For a working adult in their 30s or 40s, this last item alone can represent millions of dollars.
Personal losses include pain and suffering, loss of enjoyment of life, and the emotional impact on your spouse and family. New York does not limit how much you can receive for these losses.
Punitive damages may be available when a trucking company's conduct was especially reckless, such as knowingly allowing an unqualified driver to operate a vehicle.
If a brain injury results in death, the victim's family may pursue a wrongful death claim.
FIND OUT WHAT YOUR TRAUMATIC BRAIN INJURY CASE IS WORTH
Porter Law Group's published results include 53 cases at or above $1 million, anchored by a $17.8 million settlement and a $13.5 million jury verdict.
$3,400,000 Jury Verdict: 40-year-old man sustained a traumatic brain injury in a vehicle collision. The insurer offered $100,000. Porter Law Group secured $3.4 million at trial, a 34x increase over the pre-trial offer, proving that insurance company lowball tactics fail when the medical evidence is properly presented.
$5,700,000 Settlement: 52-year-old man suffered a lower extremity amputation in a commercial trucking accident. Porter Law Group established liability through driver logbook violations and secured a settlement covering lifetime costs.
Every case is different. Past results do not guarantee future outcomes.
Standard deadline: 3 years. Most TBI claims must be filed within 3 years of the crash under CPLR §214. However, TBI symptoms can be delayed by days or weeks, and the full extent of the cognitive impairment may not be apparent for months. Early neuropsychological testing establishes a baseline that documents the injury before the defense can claim the symptoms are from other causes.
Government entities: 90 days. If a government truck or road defect contributed to the crash, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e.
Evidence preservation: 30 days. The truck's black box, ELD records, and dashcam footage can be overwritten within 30 days. A spoliation letter must be sent immediately.
Wrongful death: 2 years. If the TBI is fatal, the estate has 2 years from the date of death under EPTL §5-4.1. Minors' claims are tolled until age 18.
Speak With a Truck Accident Brain Injury Attorney Today
Get a free consultation to understand your rights, medical evidence, and compensation options.
3 years from the date of the crash is the standard deadline for most truck accident TBI claims in New York.
90 days is the deadline if a government vehicle or a road defect caused or contributed to the crash. Missing this deadline can eliminate your right to sue.
2 years from the date of death for wrongful death claims.
30 days is how long evidence on the truck's data recorder, GPS, and camera systems can survive before being overwritten. An attorney needs to act fast to preserve this evidence.
Brain injury symptoms are sometimes delayed by days or weeks, but that does not extend the deadline to file. Contact a lawyer as soon as possible.
1. Seek emergency medical evaluation immediately. Any loss of consciousness, confusion, disorientation, headache, nausea, or dizziness after a truck crash requires immediate emergency room evaluation with a CT scan. Tell the emergency physician exactly what happened so the medical record documents the traumatic mechanism of injury.
2. Follow up with a neurologist within 7 days. Many TBI symptoms appear or worsen in the days after the crash. Persistent headaches, difficulty concentrating, memory gaps, mood changes, sleep disruption, and sensitivity to light or noise are all warning signs that require neurological evaluation.
3. Request advanced neuroimaging if standard scans are normal. Standard CT and MRI scans miss diffuse axonal injury, which is the most common form of brain damage in truck accidents. Diffusion tensor imaging (DTI) and functional MRI (fMRI) can detect the microscopic nerve fiber damage that standard scans cannot see.
4. Do not give a recorded statement to the trucking company. Insurance adjusters in TBI cases look for any statement suggesting the victim's memory of the crash is intact, which they use to argue the brain injury is not severe. Direct all communication to your attorney.
5. Contact a truck accident lawyer immediately. An attorney can preserve truck evidence, schedule early neuropsychological testing to document the baseline cognitive impairment, and retain the medical experts needed to prove the full extent of the injury. Porter Law Group offers free consultations on a contingency-fee basis.
GET A FREE CASE REVIEW: CALL (833) PORTER-9
Porter Law Group represents truck accident traumatic brain injury victims throughout New York State. Whether your accident happened on the interstate, a rural highway, or in the middle of a city, the firm handles claims in every county and region, including:
No matter where in New York your accident occurred, our team is ready to help. See all locations we serve.
Call (833) 767-8379 to speak with an experienced truck accident attorney today.
Settlement amounts depend on how serious the injury is, the victim's age and income, the extent of lasting cognitive damage, and whether ongoing care is needed. Moderate TBI cases often settle between $500,000 and $3 million. Severe TBI cases requiring lifetime care can exceed $10 million. Porter Law Group secured a $3.4 million jury verdict in a TBI case where the insurer initially offered $100,000.
Common signs include persistent headaches, dizziness, confusion, memory problems, difficulty concentrating, mood swings, trouble sleeping, sensitivity to light or sound, nausea, and personality changes. Some symptoms appear immediately; others develop over days or weeks. Any of these signs after a truck crash should be evaluated by a doctor right away.
Yes. The most common type of brain damage in truck crashes involves microscopic tears in the brain's nerve fibers. This kind of injury often does not show up on standard CT scans or MRIs. More advanced imaging can detect this damage, and insurance companies sometimes use a "normal" scan result to deny claims. That is why having the right medical experts matters.
New York law allows you to recover compensation even if you were partly responsible for the crash. Your recovery is reduced by your share of fault, but you are not barred from collecting. For example, if you were 20% at fault, you can still recover 80% of your total damages.
Porter Law Group works on a contingency-fee basis. There are no upfront costs, hourly fees, or retainers. The firm covers expert costs for neurologists, imaging specialists, life care planners, and economists. If the case does not result in a recovery, you owe nothing.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
A brain injury from a truck accident can take away your ability to think clearly, work, and live the life you had before. The costs of care, lost income, and personal suffering can follow you for decades.
Porter Law Group has recovered more than $500 million for injured New Yorkers and is ready to fight for you. Contact us today for a free, no-obligation consultation. You pay nothing unless we win.
Phone: +1 833-767-8379
Email: info@porterlawteam.com
Monday to Friday: 8 AM to 5 PM | Saturday and Sunday: Closed
Avoid sharing confidential information via contact form, text, or voicemail as they are not secure. Please be aware that using any of these communication methods does not establish an attorney-client relationship. *By appointment only.
The information contained on this site is proprietary and protected. Any unauthorized or illegal use, copying, or dissemination will be prosecuted to the fullest extent of the law. All content on this site is provided for informational purposes only. It is not, nor should it be taken as medical or legal advice. None of the content on this site is intended to substitute for medical advice, diagnosis, or treatment. Attorney Advertising.
We serve clients in every city and county in New York State. These include places like: The Adirondacks, Albany, Alexandria Bay, Amsterdam, Astoria, Auburn, Ballston Spa, Batavia, Beacon, Binghamton, Brooklyn, Buffalo, Canandaigua, Carthage, Cattaraugus, Catskill, Cayuga Lake, Cazenovia, Chelsea, Clayton, Clifton Park, Cobleskill, Colonie, Cooperstown, Corning, Cortland, Delhi, Delmar, Dunkirk, East Aurora, East Hampton, Elmira, Fayetteville, Finger Lakes, Flushing, Fredonia, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Gouverneur, Great Neck, Greenwich Village, Hamilton, Hammondsport, Harlem, Haverstraw, Hempstead, Herkimer, Hornell, Hudson, Huntington, Ilion, Ithaca, Jamaica, Jamestown, Johnstown, Kingston, Lake George, Lake Placid, Lewiston, Little Falls, Liverpool, Lockport, Long Island City, Lowville, Malone, Manhattan, Manlius, Massena, Medina, Middletown, Monticello, Montauk, Mount Vernon, New Paltz, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Norwich, Nyack, Ogdensburg, Old Forge, Olean, Oneida, Oneonta, Ossining, Oswego, Penn Yan, Peekskill, Plattsburgh, Port Chester, Potsdam, Poughkeepsie, Queens, Rhinebeck, Riverhead, Rochester, Rome, Rye, Sag Harbor, Saranac Lake, Saratoga Springs, Schenectady, Seneca Falls, Seneca Lake, Skaneateles, SoHo, Southampton, Spring Valley, Staten Island, Stony Brook, Suffern, Syracuse, Tarrytown, The Bronx, Thousand Islands, Ticonderoga, Troy, Tupper Lake, Utica, Warsaw, Waterloo, Watertown, Watkins Glen, Wellsville, White Plains, Williamsburg, Woodstock, Yonkers, and many more communities throughout New York State.
Copyright © 2026, Porter Law Group. Personal Injury Lawyers
Made with 💛 by Gold Penguin
