subway looking down the track blurred

Traveling by subway is one of the things that makes us New Yorkers. You expect to get on the train and be taken to your destination safely. But what if you are hurt while in transit, or suffer an injury at one of the stations? You may need help from a legal team that specializes in subway accidents to recover compensation for your injuries. 

Who We Are

The attorneys at Roth & Roth have been representing New Yorkers for more than 25 years, focusing on personal injury and more specifically, MTA Transit accidents. Our goal is to help clients injured in subway accidents get fair compensation for their pain and suffering so they can go about their lives. When you need not just any type of attorney but a subway accident lawyer experienced in this area of law, reach out to us so we can discuss your options. Don’t go at it alone you need an attorney who knows how to prosecute a subway accident case. 

Founding partner David A. Roth has been practicing law since 1992. He and his partner Audra Roth, who has been practicing law since 1994, have been fighting for clients’ rights in New York for more than three decades. They understand the complexities of personal injury lawsuits involving Transit MTA accidents and will do everything they can to get you the justice you deserve.  

Our legal team is equally accomplished at investigating, negotiating, and litigating personal injury cases. Our attorneys and support staff will take your case from the beginning through trial if necessary to ensure you receive the best care no matter how your case is resolved.

The firm of Roth & Roth is known throughout New York as being the one you should contact if you have been involved in any type of injury-producing incident with the New York City Transit Authority or MTA-it is a major concentration and focus of our practice. David Roth counsels other lawyers about how to prosecute these cases dozens of times each week. He is known as the “go to” attorney for significant injury cases caused in the subway system. He is a staunch mentor to hundreds of colleagues advising them how to navigate the beginning phases of the case where preservation of records and obtaining subway video and audio is crucial, demanding and obtaining evidence, records and witnesses, case theory, strategy, and the myriad of other issues that arise when suing the MTA and NYC Transit.

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.

Do I Need a Subway Accident Attorney?

When a government agency is involved, such as the New York City Transit Authority, the MTA, the City of New York, or any city agency, there are things that can and cannot be done that differ from those involved in filing a case against a private entity.  For instance, there is a 90-day deadline for filing a notice of claim that must be met in a case involving municipal agencies like the Transit Authority, MTA, the City of New York, LIRR, or Metro-North.  If you fail to meet the deadlines you may be prevented from bringing your claim. For this reason alone, you should always consult an attorney immediately after any subway accident injury.

What Types of Subway Accidents Do You Handle?

Roth & Roth handles virtually every type of subway accident injury claim. Subway accidents can be caused by a wide range of things, including, but not limited to:

  • Subway strikes- when a person gets hit by a train, many times causing amputations of limbs, traumatic brain injuries, death.
  • Falls into the gap between the station platform and the train car.
  • Sudden acceleration/deceleration of the train causing people to fall.
  • Subway doors closing on passengers and fracturing their bones.
  • Poor station maintenance leading to slips/trips and falls.

These are just a sample of the types of cases we’re experienced with. If you were injured as a result of your trip through the subways of New York, contact us to discuss your options for legal compensation.

How Do I File a Case Against the NYCTA/MTA?

Filing a case against the NYCTA/MTA has some unique wrinkles. In New York, a more ordinary personal injury case like a car accident has a three-year statute of limitations. This means you have three years after you have been injured to bring a claim. 

When filing a claim against the NYCTA/MTA, or any government agency, you first must file a document called a notice of claim. This document must be filed within 90 days of the date of injury. This notice applies whether your claim is for a major crash or a minor slip and fall. This claim is a required pre-condition to being permitted to file a lawsuit. 

After that, you will have one year and 90 days in which to file your lawsuit. This strict deadline is why working with a subway accident lawyer is strongly recommended. 

Can I Sue if the Accident Was Partly My Fault?

Sometimes people are reluctant to file a claim because they are partially responsible for their own injury. 

But, In New York, we use the “pure” comparative negligence standard, meaning that fault is distributed among all the parties in an accident, and recovery is divided up according to the percentage of fault. So if the jury decides that you were 30% responsible for the happening of the accident but the Transit Authority was 70% responsible, you would be able to recover 70% of the damages you sustained as a result of the accident. 

What can I Recover in a Subway Accident?

If you are injured because of someone else’s negligence or carelessness, even the NYCTA/MTA’s, you are entitled to be “made whole.” That is a legal term that means you have a right not only to have your medical bills paid but to be put back to where you were before the accident, as much as possible. Healing your physical injuries is only one part of that wholeness. You have a legal right to other compensation as well. 

  • Medical bills should include not only the cost of the hospital, but any follow-up doctor visits, physical therapy, specialists, recovery equipment, and long-term care. 
    • If you are unable to work during your recovery, you may be entitled to your wages during that period. If you need to recover at home, you might be able to recover those wages as well. If the injury was severe enough for you to become permanently disabled, that can also be part of your recovery. 
  • Pain and suffering. This is not one of those things personal injury attorneys add on for effect. The pain and shock of a serious injury are real, and you are entitled to compensation for going through the trauma. 
Do I Really Need a Subway Accident Attorney?

The MTA/NYCTA will have its own attorneys investigating your claim, and they will be working hard to prove that everything you claim was not their fault. If it was their fault, they will try to find ways not to pay you everything you are entitled to receive. They could make an offer that seems reasonable at the time but does not take into consideration all the other things discussed above.

Suing the MTA/NYCTA is no easy task. There are a myriad of rules and laws that must be complied with, deadlines to be met, required documents that must be properly worded, and a multitude of claims to be asserted. You should not attempt to do this on your own. We are here to prosecute your case and will do so in a skilled, professional manner based on our decades of experience. 

When you need a subway accident lawyer, contact Roth & Roth. We have been representing personal injury clients and subway accident victims in New York City since the 1990s. It is our primary area of focus as attorneys. We know that you have gone through a traumatic experience and you deserve the best representation you can find. We understand that you have enough to worry about without the trouble of finding a qualified attorney.

If you or a loved one have been injured in a subway accident, you need legal assistance right away. 

Contact our office for a consultation and let our team work tirelessly to discuss your options as soon as possible. We do not get paid unless and until we recover for you. 

Call us at (212) 425-1020 or use our online contact form

“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.”
Roth & Roth Client
“Roth & Roth fully prepared us during the case and put my family at ease through each step in the case. I would definitely recommend Roth & Roth to anyone who needs caring, competent attorneys who will get the best result and treat you like a person while doing so.”
Roth & Roth Client
“Roth & Roth handled my personal injury case efficiently, satisfactorily and with expertise. I was kept informed every step of the way. I appreciated their support and guidance. All calls were always returned. They were always willing to listen. I was kept apprised of everything about my case. I will recommend Roth & Roth to anyone in need of an attorney.”
Roth & Roth Client
“It was a good experience working with Roth & Roth. They cared about me and the outcome of my case. David is magnificent! Audra is sweet and caring. If I needed to call, and the person was not in, someone always got back to me. I always felt they cared about me.”
Roth & Roth Client
“Working with Roth & Roth was a wonderful experience and felt like they were like family … like my relatives. When David was busy, I spoke to Audra. When Audra was busy, I spoke to David. Everything was explained to me – and no matter how many times I asked the questions, they gave me the answers in a way I would understand.”
Roth & Roth Client
“David Roth is a hard worker. I worked with Audra when she joined the firm. Everything was explained to me and they always answered any questions I had. They were always available for me. I have some friends who looked for lawyers and I recommended Roth & Roth. I will always recommend them.”
Roth & Roth Client