Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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Accident sceneLabor Day weekend was marred by a series of fatal collisions across New York City, resulting in the loss of six lives. These incidents highlight ongoing concerns about road safety in our city and the need for careful attention from all road users.

A Weekend of Fatal Collisions

The unfortunate events began on Thursday, August 29, when a 55-year-old  pedestrian identified as Jacqueline Healy of Jamestown was struck by a Ford pickup truck while crossing Cross Bay Boulevard at Pitkin Avenue in Ozone Park, Queens. The driver, Keith Ryan, 47, was arrested and charged with driving with a fake license.

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Location of the deadly Brooklyn Bike Accident on Union Street and Lynch StreetOn Sunday morning, Luis Mendez, a 46-year-old cyclist, was struck and killed by a van driver on Union Avenue in Brooklyn. The driver, identified as 40-year-old Can Homer, was allegedly operating the vehicle under the influence of alcohol and without a valid driver’s license. This devastating event highlights the serious and ongoing issue of road safety for cyclists in New York City, particularly in Brooklyn.

The Legal Ramifications of Bicycle Accidents in Brooklyn

When a cyclist is injured or killed in an accident, the legal landscape can be complex, but it is crucial for justice to be pursued. In this case, the driver, Can Homer, has been charged with multiple serious offenses, including vehicular manslaughter, driving while intoxicated, and driving without a license. These charges carry significant legal consequences, and the pursuit of justice for the victim and his family will likely involve a thorough investigation and litigation process.

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children run over by cars statisticsAs pedestrian accident lawyers, we’ve seen the devastating consequences of vehicular negligence and poor design choices by automakers. The introduction of the Pedestrian Protection Act by Rep. Mary Gay Scanlon (D-Pa.) represents a crucial step in addressing a long-overdue issue: the alarming rise in pedestrian fatalities caused by increasingly massive and dangerously designed vehicles.

For years, safety ratings for vehicles have been heavily skewed towards protecting those inside the car, while largely ignoring the risks these vehicles pose to pedestrians and cyclists. The new bill seeks to change that by requiring the National Highway Traffic Safety Administration (NHTSA) to develop safety standards that consider the likelihood of a pedestrian surviving a crash with one of these massive trucks or SUVs.

Why This Bill Matters

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Bicycle accidentYesterday morning, the Upper West Side of  Manhattan witnessed two disturbing incidents where cyclists were struck by vehicles within 20 minutes of each other. These accidents, which occurred at Broadway near 108th Street and Central Park West near 106th Street, highlight the constant dangers cyclists face on New York City streets. If you’ve been involved in a similar accident, understanding your legal options is crucial. Here’s what you need to know to protect your rights and pursue justice after a bike accident.

First Incident involving a bicyclist struck by a vehicle: Broadway at 108th Street

At approximately 8:30 a.m., a 64-year-old cyclist was struck by a vehicle while riding southbound on Broadway. The driver, instead of staying to help, fled the scene after offering a brief apology. The injured cyclist was taken to St. Luke’s Hospital with injuries to his arm and leg. The incident is currently being investigated as a hit-and-run.

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The WRONG WAY ENTRANCE To the Hudson Parkway taken by the driver of the pick up truckKirk Walker, a 38-year-old father of three, was tragically killed in a wrong-way crash on the Henry Hudson Parkway in Harlem, just one day before his wedding. Walker and his cousin, Rob McLaurin, were returning home from a bachelor party when their vehicle was struck head-on by a pickup truck driving the wrong way. Both men lost their lives in the collision.

The driver of the pickup truck fled the scene, leaving the victims’ families in shock and mourning. Authorities have since apprehended the passenger of the vehicle, who was found near the crash site with injuries, but the driver remains at large. The ongoing investigation focuses on identifying and apprehending the driver responsible for this fatal hit-and-run.

Walker’s fiancée, Shauntea Weaver, voiced her determination to seek justice, emphasizing the need for accountability. The impact of this event on their family is profound, as they were set to start a new chapter in their lives, and now, instead, they face the unimaginable task of coping with this loss.

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Juraed Umedjon was killed in a bicycle accident in BrooklynCyclist deaths in New York City have reached alarming levels, with 2023 marking the highest number of fatalities in 24 years. Despite Mayor Eric Adams’ promises to make the city safer for cyclists by building 300 miles of protected bike lanes during his first term, the city has only constructed 58 miles so far. This shortfall has left cyclists increasingly vulnerable on the city’s streets, as evidenced by the recent tragic incidents that have claimed the lives of several riders.

Just last week, a 16-year-old cyclist, Juraed Umedjon, was killed by a truck driver on Ditmas Avenue in Brooklyn. This marks the 15th cyclist death this year and the 12th child to lose their life on New York City’s roads in 2024. The intersection of Ditmas and Coney Island avenues, where the crash occurred, is notorious for its dangers. Despite being a Vision Zero priority zone since 2015, the area has seen little in terms of safety improvements. The promises made by Mayor Adams to enhance safety for pedestrians and cyclists have yet to materialize, leaving dangerous roadways like Coney Island Avenue largely unchanged.

The failure to build adequate protected bike lanes is not just a matter of missed targets; it is a matter of life and death. The recent death of Juraed Umedjon, along with the injuries to his fellow riders, underscores the urgent need for action. Transportation Alternatives, a nonprofit organization dedicated to safer streets, has highlighted that more children have been killed so far in 2024 than in nine of the last ten years. This is a clear indication that the city’s current approach is insufficient.

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Kerry And her Son EliIn a tragic car accident that highlights the deadly consequences of driving under the influence, a 9-year-old boy was tragically killed by his own mother after she drove the wrong way on Long Island’s Southern State Parkway while allegedly intoxicated. The devastating frontal collision, which involved multiple vehicles, occurred in the early hours of Thursday morning and has left a community in mourning as the legal implications for the mother, who now faces serious charges, unfold.

The crash took place around 2:20 a.m. near exit 42 in Islip. The driver, 32-year-old Kerri Bedrick, allegedly under the influence, was driving in the wrong direction for approximately five miles before the fatal collision occurred. According to police reports, a Suffolk County sheriff’s patrol officer had spotted Bedrick’s vehicle earlier and attempted to initiate a traffic stop. However, Bedrick allegedly sped up, evading the officer and continuing her wrong-way journey, which ended in a horrific head-on crash.

The collision was so severe that parts of the vehicle were found in the woods, a testament to the sheer force of the impact. Tragically, her 9-year-old son, Eli, who was seated in the back of the car, succumbed to his injuries despite the valiant efforts of first responders.

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Ainsley Dalrymple was killed by a hit and run driver in QueensIn a significant development, the alleged driver responsible for a fatal hit-and-run accident in Queens in 2019 has been captured in Guyana, bringing some measure of closure to the family of the victim, Ainsley Dalrymple. Ravindra Dharamjit, the suspect who fled the country to evade justice, has been extradited to New York City, where he now faces serious charges.

The tragic incident occurred on Christmas Day in 2019 when Ainsley Dalrymple, a 67-year-old father of four, was struck and killed by a 2012 Toyota Tundra while crossing Rockaway Blvd. in Ozone Park. The truck, allegedly driven by Dharamjit, was traveling at an alarming speed—74 mph in a 25 mph zone—on the wrong side of the road. The force of the impact sent Dalrymple flying 157 feet, causing fatal injuries.

After the accident, Dharamjit reportedly returned the borrowed vehicle to its owner, claiming he had crashed it and would repair it later. However, within days, Dharamjit fled the United States, leaving the Dalrymple family to mourn their tremendous loss without justice.

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Fitz Herbert Slowe was killed by a reckless driverThe tragic death of Fitz Herbert Slowe, a beloved 71-year-old great-grandfather, serves as a painful reminder of the devastating consequences that reckless driving can have on our community. On December 18, 2023, Mr. Slowe’s life was tragically cut short when another motorist, Mario Hill, ran a red light and collided with his vehicle at the intersection of Guy R. Brewer Blvd. and South Conduit Ave. in Springfield Gardens, Queens. Now, after more than nine months, Hill has been criminally charged with manslaughter, criminally negligent homicide, and reckless driving, as he rightfully should be.

Understanding the Legal Implications

As Queens personal injury lawyers, we often see the profound impact that reckless and negligent actions on the road can have on victims and their families. The charges brought against Hill are not just about punishing him for his actions, but about seeking justice for Mr. Slowe and ensuring that such tragedies are prevented in the future.

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NYC Medical Malpractice Lawyer Marijo AdimeyThe New York City Bar Association is hosting a comprehensive all-day Institute focused on the evolving field of medical malpractice litigation on September 13th. This event will feature insights from various legal perspectives, including plaintiff and defense counsel, appellate counsel, and members of the judiciary. Among the distinguished faculty is our partner Marijo C. Adimey , who will contribute her extensive expertise on a key panel.

Marijo C. Adimey is scheduled to speak on the panel discussing ADR Strategies, a critical topic in the current legal landscape. With her vast experience in medical malpractice cases, Marijo will provide valuable perspectives on alternative dispute resolution (ADR) methods, offering attendees practical strategies to navigate complex negotiations and settlements.

The session on ADR Strategies will take place at 10:15 am, following a morning of discussions on Summary Judgment Practice. This panel, moderated by Kenneth A. Laub, Senior Counsel at Lewis Johs Avallone Aviles, LLP, will include other notable speakers such as Hon. Judith N. McMahon from the NY Supreme Court, Richmond County, and Jonathan S. Erman, a partner at Amabile & Erman, PC. Together, they will explore the evolving role of ADR in medical malpractice litigation, a subject of increasing importance as the legal community adapts to changes in both medical practices and jury dynamics.

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