subway looking down the track blurred

Train travel is routine for many people in New York State. Commuting to, from, and throughout the City is done by millions of people every day. 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 the services of a legal team that focuses on train accident cases to help you recover compensation for your injuries.

When you are injured in any type of train or subway accident, you need a train accident lawyer well-versed in cases like these-our team at Roth & Roth has been representing clients injured in train accidents for over 25 years. We are here to help you fight for the compensation you deserve.

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. 

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 LIRR and Metro-North are commuter rails whereas the subway is known as heavy rail - they each have their own rules, regulations, and standards which a lawyer prosecuting these types of cases needs to know well. Founding partner David A. Roth has been practicing law since 1992. He understands the complexities of personal injury law, and the specific difficulties that pursuing cases against mass transit entities like the New York City Transit Authority can involve. With his wife and law partner, Audra Roth, they have been pursuing justice for their clients in New York for more than 25 years.

Contact our team at Roth & Roth if you have incurred any type of MTA-related injury. Contact us quickly after an accident as the City has a very short initial filing deadline with MTA cases.

Do I Need an Attorney After a Train Accident Injury?

You may share in the belief that we can do everything ourselves and don’t need someone else to help do any work for us. You may also think an attorney is too expensive. The truth is that sometimes, especially with legal matters, we really do need a helping hand. Without legal representation, the defendants will absolutely try to take advantage of you by offering you much less than you deserve. They want to pay you as little as possible and protect their own interests. 

In cases involving a government entity like the NYCTA and MTA, there are legal steps that must be taken and deadlines to be met that are not readily known to the layperson. Missing one of these deadlines can impact your recovery, or even lead to your case being dismissed entirely, even if it’s otherwise legit. At the very least, you should have your situation reviewed by an attorney experienced in litigating against the Transit Authority.

What Types of Train Accidents Does Roth & Roth Handle?

Roth & Roth has handled virtually every type of LIRR, Metro-North, subway, and railway accident case. Train accidents can be caused by a wide range of things, including:

  • Subway strikes. Where the subway hits someone on the platform or the tracks. This can happens for several reasons. 
  • Platform gaps. The space between the platform and the train is often very unsafe. 
  • Poor station upkeep. Whether it is the MTA or another rail company like Amtrak, the company is responsible for the safety of its stations, platforms, and stairways. They are liable for any accident that happens in one of these areas and is associated with slips and falls, cracks in the walking surface, raised expansion joints, leaks broken railings, or other maintenance issues.
  • Doors closing on people. For years the Transit Authority conductors close doors on passengers and the doors don't retract, they drag passengers or they close on them fracturing bones or causing them to fall.
  • Dangerous drivers. Operators are held to certain guidelines of behavior. If they speed, use improper braking or acceleration, or are found to be using illegal drugs, you may have a cause of action against them and against the company for employing them.
  • People pushing passengers into the subway. The MTA is responsible for the safety and security of everyone who uses the subway, and for ensuring that its equipment is safe, trustworthy, and reliable. The failure to put in platform screen doors is a design defect that is actionable against the Transit Authority.
How Long Do I Have to Sue the MTA?

In cases against the MTA and/or the NYCTA, you have only 90 days to bring a notice of claim and 1 year and 90 days to bring your case.  You need a lawyer who is familiar with these deadlines as a standard (non-municipal) personal injury case has a three-year statute of limitations (in New York).

The notice of claim tells Transit that you intend to file a claim against them, which allows them to begin their own investigation and make any claim or offer if they choose. This strict deadline, if not adhered to, can be fought if you have a serious injury and the Transit Authority was aware or should have been aware of the incident. It's a very difficult undertaking to extend the time to file a notice of claim, one that the attorneys at Roth & Roth can evaluate and help determine the potential chances of success.

What if I Am Partially to Blame?

Suppose you were running down the stairs to catch your train and slipped on a broken step. Can you still recover for your injury even though you were partially at fault for running down the stairs?

The answer is, yes, probably. New York follows a pure comparative negligence rule, which means that the claimant (you) can recover even if you are partly responsible for the accident that caused the injury. Comparative negligence means that fault is distributed among everyone involved in the accident. So, if you’re running down the stairs and are found to be 25% responsible for your injuries, and the Transit Authority’s broken step is 75% responsible, you can still recover (only) 75% of the damages.

To What Compensation Am I Entitled After a Train Accident?

As with any personal injury case, you are entitled to “fair and adequate” compensation for your injuries. Not only your physical injuries at the time of the accident but any other monetary compensation that is needed for your recovery may be covered, including:

  • Medical expenses. For such things as hospital stays, doctor visits and follow-ups, therapy, surgery, and specialist referrals
  • Lost income past and future. Both for wages lost during the time you are hospitalized and recovering from the injury, as well as for future lost wages if you cannot work due to disability, and lost earnings if you must seek a different job.
  • Pain and suffering. Unlike some states, New York does not have a payment limit on pain and suffering. Pain and suffering is determined by a jury based on the testimony and medical evidence following an accident. You need experienced lawyers who know how to document and present these injuries to a jury.
  • Wrongful death. There are two types of damages associated with wrongful death: pain and suffering (including fear of impending death) and the loss of financial support 
  • Loss of consortium. If a loved one is injured due to another person’s or entity’s negligence, you have a claim for loss of their companionship and support for the spouse. 
How Can a Train Accident Attorney Help Me?

Besides filing the notice of claim mentioned above, having an attorney at your side makes handling your case much easier. To begin with, a large company like the MTA or Amtrak has its own legal team, and they will be working to find all the ways to claim that your injury was not their fault. Alternatively, they will likely make offers that do not take into consideration all the expenses that you are entitled to be paid for. They want to pay you as little as possible.

For instance, if you slipped on the stairs because of a broken step, many attorneys would like to know who was responsible for repairing the step, when a work order was made for that step, and how long the step had been broken. They would also want to review any video of the area to see what happened. Any experienced attorney should immediately get statements from witnesses and other people familiar with the area who saw what happened or know how long the defect existed.

In addition, your attorney should know how to handle other legal aspects of a case, such as:

  • Investigation of the incident. Whether it is a simple slip and fall in the station or a serious accident involving an entire train car, it needs to be investigated to make a proper claim against the NYCTA.
  • Discovery. This is a legal term that means acquiring records from the other party or parties to help build your case. Discovery can mean things like surveillance camera videos, security reports, personnel records, and witness statements. Although you can get these yourself, your attorney can often get them faster, which is important.
  • Pretrial negotiations. Once all this information has been uncovered and prepared, it is always possible that the other side will agree to negotiate rather than litigate. At this point, you need someone who can translate the legalese to you that will be applied to your specific case, so you understand what you are being offered and agree to. 
  • Lost income. As a layperson,  you should never try to go to trial by yourself. The old saying about the man acting as his own attorney having a fool for a client is always true. Once you go to court, you will be on the opposing counsel’s home turf, and they will have all the advantages. You must have someone who can fight for you on the same playing field-you must have a lawyer representing your best interests.
  • Hiring expert witnesses. In a case involving something like a train, the need for an expert witness (or many) at trial can be essential. Explaining the mechanism of injury, the degree of fault of the driver, the company, and any additional parties are best left to someone who understands the physics of such things.

Roth & Roth has been working on behalf of New York City Transit Authority train accident victims for more than 25 years. Our team of New York subway, train, and rail accident lawyers knows the ins and outs of handling cases like these throughout the greater NYC area, including Long Island and Westchester. In many instances, a serious train accident and the pain and suffering caused by being struck by a train can cause catastrophic injuries which can be disabling to a victim’s ability to walk or

You need someone on your side who can help you through the investigation following an MTA train crash and who understands the economic trouble you may face after an accident. New York train accident lawyer David A. Roth and his team are waiting to review your case and get you the compensation you deserve.

We can do the heavy lifting so you can concentrate on getting better and focusing on your family and recovery. 

Contact us today so we can begin helping you by discussing your options. Remember, you have only 90 days after your injury to let the MTA know if you intend to file a case, so don’t delay.

Contact our office today.

“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