mass transit accidents-grand central

Millions of people ride public transportation in New York City every day. The New York City Transit Authority, an agency of the Metropolitan Transportation Authority (MTA) oversees, runs, and maintains much of this infrastructure. The mass transit system is incredibly useful for New Yorkers who need to get around the city but can also be incredibly dangerous. Mass transit, Subway, Bus, LIRR, and Metro-North accidents can lead to severe injuries or even death. When this happens, and the New York City Transit Authority and the MTA’s subsidiary agencies are to blame, you have the right to talk to an attorney and seek financial compensation for your injuries.

Who We Are

Roth & Roth focuses on accident-related personal injury lawsuits-more specifically, cases involving mass transit-related injuries involving the ​Metropolitan Transportation Authority (MTA) and the New York City Transit Authority (NYCTA). After an accident or injury, contact a New York train accident lawyer at Roth & Roth - we can discuss your legal rights and options at no cost. You deserve someone who understands the specifics of filing a claim against the New York City Transit Authority (which is the operations arm of the Metropolitan Transportation Authority (MTA)) and can give your case the attention it deserves. 

The attorneys at Roth & Roth have the needed experience to fight for your rights. A mass transit accident attorney in New York City can pursue compensation for you and your family. You could be entitled to damages for pain and suffering, lost earnings, medical bills, and other costs. When the New York City Transit Authority, MTA, or other parties are responsible for your or a loved one’s injuries significant compensation may be warranted.

Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Initial consultations are always free and we never get paid unless and until you do.

The Metropolitan Transportation Authority (MTA) is the largest transportation network in America. The MTA manages and oversees numerous operating agencies, including 

Each of these agencies maintains and runs subway service, rail service, bus service, and bridges and tunnels in and around New York City and its suburbs. This is an important job as millions of residents rely on public transportation every year. The MTA is a public-benefit corporation in the State of New York.

The New York City Transit Authority (NYCTA), part of the MTA, runs some or all of the following systems:

  • The New York City Subway. This rapid transit system operates in Manhattan, the Bronx, Queens, and Brooklyn.
  • The Staten Island Railway. A rapid transit line on Staten Island.
  • Some New York City Buses. A major bus network that serves all five boroughs and is managed by MTA Bus and MABSTOA. 
  • Long Island Rail Road, Metro-North Railroad. These rail agencies run commuter rail from and to New York City and Long Island, Westchester, Connecticut, and some outer counties. 

These large systems handle public transportation throughout the City and its surrounding areas. Their number one job is to make sure you get where you want to go safely. Sadly, outdated design, poor maintenance, driver inattention, and other factors often result in serious injuries to passengers and bystanders. When MTA injuries occur, you need to speak with a qualified personal injury attorney who understands how to appropriately handle mass transit accidents. 

Your attorney's knowledge of these systems and the numerous agencies responsible for safely operating them is crucial to your success in recovering compensation after an MTA and/or NYCTA accident or injury.

More than 2 billion people travel the subways and buses every year so injuries are bound to happen. When these serious accidents occur, they can injure you or your loved one and rob you of a normal life. Devastating injuries can be incredibly costly, not only to your health but also to your finances. Whatever type of accident you have suffered, the attorneys at Roth & Roth are renowned for fighting for New York City Transit Authority (NYCTA) and Metropolitan Transportation Authority (MTA) accident victims.

Subway Accidents

The NYCTA/MTA operates hundreds of train stations and trains on a daily basis. It is the busiest train system in the country. NYC victims often sustain very serious injuries when these trains are operated negligently, poorly maintained, poorly designed, and/or fail to have proper safety devices to protect people from falling or being struck by subway trains. Common causes of subway accidents include, but are not limited to:

  • Collisions between trains and individuals-people being struck by trains while waiting on the station platforms
  • Train operator inattention 
  • Individuals who have medical issues 
  • People who are injured due to the gap between the train and the platform
  • Brake and other mechanical failures
  • Doors closing on passengers
  • Broken elevators, stairs, or escalators in the station
  • Trains that derail
  • Improperly maintained stations-slipping on leaking conditions, tripping on broken steps and walkways, poorly maintained concrete causing tripping hazards on platforms and stairways

Fortunately, our mass transit accident attorneys have the experience needed to help people recover from these types of accidents. We can pursue your rights against the negligent Transit Authority and/or MTA or other negligent parties to fight for the compensation that you are owed.

Learn more about NYC subway accidents here.

MTA Bus Accidents

The transit authority operates over 4,000 - 5000 buses, transporting more than 600 million people every year. Inevitably, accidents occur and serious injuries follow. Additionally, there are no safety belts available and people are forced to stand. A major collision or sudden stop can throw people around inside the bus and cause extreme harm to the victims.

Causes of mass transit bus accidents commonly include:

  • A speeding driver or reckless driving
  • Crashes with other vehicles
  • Running into stationary objects or pedestrians
  • Stopping the bus in an unsafe area
  • Driver failure to check blind spots when turning or changing lanes
  • Closing the doors on passengers entering or exiting the bus
  • Improper bus maintenance 
  • Slip and falls on poorly maintained flooring and bus stairs

These and many other causes could be the reason you suffered a serious bus accident injury. Our legal team can provide you with compassionate and knowledgeable representation during this difficult time.

Learn more about MTA bus accidents here.

A personal injury lawsuit is a legal claim against a negligent party. It is designed to financially compensate you for your injuries. In order to win the case, you and your attorney will have to prove that the defendant was negligent in their actions. Negligence occurs when the defendant breaches their legal duty of care towards you and that breach causes your injuries.

Proving negligence is complicated without the right legal help. Doing it on your own can prove impossible. You are expected to follow complex legal rules, filing deadlines, rules of evidence, and much more. Instead, utilize the qualified attorneys at Roth & Roth. Our team has decades of experience in getting just compensation for our clients. We handle nearly every variety of personal injury cases—including lawsuits against the MTA. 

Who can be held liable for Mass Transit and MTA-related injuries?

When an accident occurs it is important to know who you can hold responsible. Many different parties may be responsible for your injuries, including:

  • The bus driver
  • The subway train operator or conductor
  • The Metropolitan Transportation  Authority and its subsidiaries
  • New York City Transit Authority (busses and subways)
  • Manhattan and Bronx Surface Operating Authority (MABSTOA) 
  • MTA Bus 
  • Long Island Rail Road
  • Metro-North Railroad 
  • MTA Bridges and Tunnels  
  • The City of New York
  • Another driver who caused the accident

Determining who was ultimately responsible is best left to a dedicated personal injury attorney in New York City. Knowing who was at fault can be tricky, even in cases that seem obvious at first glance.

Can I sue the Transit Authority, NYCTA, MTA, the City of New York, or other Municipalities for My Injuries?

Suing the government is a difficult endeavor. Government agencies are often granted sovereign immunity to help protect them from lawsuits. Many governments may not be sued for negligence, but in New York, the municipalities have waived sovereign immunity and are subject to personal injury lawsuits. However, there are still many restrictions that make it harder to sue these municipal entities without the right legal help.

To file against the Transit Authority, NYCTA,  MTA, City of New York, or other municipalities, you must file a notice of claim within 90 days of your accident. If you miss this 90-day deadline or fail to meet all of the notice's requirements your case could be thrown out on procedural grounds. To protect against this, the best advice is to seek out a seasoned personal injury attorney right away. An MTA lawsuit against any governmental agency will prove difficult to impossible without the right legal team at your side.

Do I need an MTA accident attorney to represent me?

Although you can select any attorney for these types of cases you should seek attorneys who are familiar and experienced with subway, train, bus, and other cases against transportation authorities. These cases are incredibly complicated—even more so than ordinary personal injury claims. When municipalities are involved you will be up against powerful defendants with access to high-dollar attorneys and insurance companies. You need representation from attorneys who know how to handle these cases and are familiar with the tactics of municipal defense lawyers.

The United States legal system provides compensation for victims of negligence. To get there, you need to prove that the MTA, NYCTA, City of New York, or other negligent government agencies caused the accident and your injuries. The necessary proof and procedural requirements can be daunting for any but the most experienced lawyers. Roth & Roth will develop a comprehensive strategy for success on your case, as we have done so for the past 25+ years with other clients.

How do I pay for an MTA accident lawyer to represent me?

At Roth & Roth, we truly care about our clients and their lives. We do not charge you any fees unless we are successful in getting you compensation. We understand that you are dealing with extreme pain, financial hardship, and possibly even grief from a wrongful death. We do not force you to pay upfront on top of all that.

Instead, we take our cases on a contingent basis. You pay nothing unless we are successful on your case. This arrangement is designed to protect you, your family, and your financial health. 

What are the different types of damages that can be awarded in an MTA accident case?

The compensation to which you may be entitled through your MTA lawsuit can take many different forms. The most common forms of monetary damages include, but are not limited to:

  • Pain and suffering. You should get paid for the pain you endured from the accident. Pain and suffering damages often represent a substantial portion of a personal injury claim.
  • Lost income or earning capacity. When you cannot work because of a mass transit accident, you may be entitled to compensation for lost wages. You could win the income and payment you would have earned had you been able to continue working. You may also win compensation for lost earning capacity if you must now take a job that pays less because of your injuries.
  • Medical bills. You may be entitled to compensation for both past and future medical costs. When your injuries are caused by someone else, you should not be on the hook for these bills. Instead, a personal injury lawsuit shifts the responsibility to the party that caused the accident.
  • Costs of rehabilitation. After an MTA injury, you may need extensive rehabilitation to get back to normal. These costs are usually very high but should be paid by the negligent party, and not by you.
  • Loss of companionship and support. Also called loss of consortium, these damages reflect the lost help, support, spousal relations, and much more that is interrupted due to an accident.
How long do I have to file a personal injury lawsuit in New York against the MTA, NYCTA, or the City?

The MTA, NYCTA, City of New York, and other municipalities typically have a short limitations period. Under state law, claims against the MTA, NYCTA, the City of New York, and other municipalities must be filed within 90 days. A claim is filed with a document called a Notice of Claim. This is the first step in pursuing a claim. Then there is a one-year and 90-day (from the date of the incident) statute of limitations to file a lawsuit. This is a shorter statute of limitations than a non-municipal personal injury claim. A mass transit accident attorney in New York City knows how to handle these differences and file your case in time. Reach out to us as soon as possible following the accident to avoid costly delays. Even these deadlines have caveats as the Port Authority has an even shorter statute of limitations - you need to work with an experienced attorney to protect your rights. 

In contrast, New York Civil Practice Law & Rules Section 214 requires most personal injury cases to be filed within three years of the date of the accident. For example, if your claim is against the driver of another car, you usually have three years to file your accident lawsuit. If you fail to file within that time, the case is likely to be dismissed by the trial court. 

How long will this process take?

The legal process can take some time to wrap up. There is no set timeline for resolving a personal injury claim. Some lawsuits may take only a few months while others may take significantly longer and the municipal cases fall into the latter category. The time required is often dependent on the complexity of the legal issues, the requested damage amounts, and much more. A qualified attorney knows how to expedite the process as much as possible to reduce the waiting time for compensation.

Do I have to go to trial for my mass transit accident case?

You do not necessarily have to go to trial-some cases end in a pre-trial settlement. Although, MTA lawsuit settlements aren’t extremely common. To maximize the amount of recoverable damages when facing Transportation Authorities, significant discovery is needed, which can take time. Instead of the defense spending their money fighting a losing battle, they sometimes offer a settlement amount to you instead. Usually, the first settlement offer is purposely low. This is one of the many reasons to have a competent attorney by your side. The MTA is less likely to low-ball an attorney who knows what the claim is really worth. 

We also know how to negotiate a fair settlement offer so that you are not taken advantage of. If the MTA or NYCTA refuses to offer an appropriate settlement, we are prepared to take your case to trial. A trial may be necessary to hold the MTA or NYCTA responsible for the accident and your costs.

Your injuries after a mass transit accident have likely left you injured, struggling financially, and in a great deal of pain. You deserve better. You can fight for compensation from the  MTA, NYCTA, City of New York, and other municipalities for accidents they cause. You can also hold the other parties responsible who are additionally responsible for the accident. We can help you investigate and pursue your claim to seek out the best possible resolution.

At Roth & Roth, we represent everyday New Yorkers in their battle for compensation. We know what it takes to represent you and your best interests. David Roth has spent the better part of his career as an attorney focusing on mass transit lawsuits. 

You’ll owe nothing unless and until we win compensation for you. Don't wait, contact us today to discuss your situation and your legal options-we are here to help you.

“Roth & Roth were very helpful. They always made me feel comfortable and at ease. They prepared me very well so I wasn’t nervous. I have recommended Roth & Roth to members of my family. And what’s more, I’m happy that even after my case was settled, they still took the time to answer any questions I had.”
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