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.

Articles Posted in Auto Accidents

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was-it-worth-itLast year 28 cyclists died in traffic accidents in New York City and more than half of them were killed by trucks  and SUVs. Most of the time the driver was a man.

Last Friday, the DOT announced that it invested 4 million in a new campaign targeting men driving trucks and SUVs. The “Was it Worth it?” campaign depicts images of pedestrian and bicycle accidents with a male driver in shock and the message “Was it worth it?” in various languages. Additional audio campaigns will also be run in English, Spanish, and Haitian Creole on several local radio stations during commuting time.

Since Mayor de Blasio launched Vision Zero in 2014, traffic fatalities decreased over the years except for last year. 203 people died in car accidents in 2019. More than half of them were pedestrians. On average over the last few years, men were found to be responsible for 75% of the fatalities with 41% of them driving a truck or a SUV.

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A 91 year old pedestrian died in a car accident in New York last Saturday morning. The elderly man was crossing Canal Street at the intersection of Elizabeth Street around 6:30 am when he was struck by a car belonging to the NYC Sanitation Department.

The man was rushed to the hospital in critical condition with trauma all over his body. He later on died from his injuries.

The 61 year old sanitation worker who was driving the car stayed at the scene of the accident and was not charged.

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aerial-view-of-the-Grand-Central-Parkway-and-Cross-Island-Parkway-exit3 people died and one person was seriously injured in a wrong-way car accident in Queens, NYC. The accident took place on Saturday morning around 5:40 am. 27 year old Divante New was driving the car of 36 year old Sayquan Hallums who was in the passenger seat. They were driving the wrong way on the Grand Central Parkway near the Cross Island Parkway exit in Queens when they crashed into another car. 26 year old Megan Ann Smith who was in the passenger seat was killed. Her boyfriend who was driving the car was critically injured. The police didn’t release his identity. Megan Ann Smith graduated in 2011 from St. John’s Preparatory School in Astoria, Queens. She was an an honor student and a member of the softball team. Her family declined to talk to the media.

Foggy windshield might have play a role in the deadly accident

According to the brother of Sayquan, the Honda car driven by Divante had an old defective windshield that would fog up easily. He said that when the heat was up inside the car the old windshield would fog up so badly that only Sayquan was able to drive the car.

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A NYPD cop in plainclothes was injured in a hit and run car accident in New York on Monday.

The accident occurred around 7:45 pm. Two undercover officers in a disguised Uber car stopped the driver of a Mercedes who ran a red light on East Houston Street.   The two officers were outside of their car talking to the driver of the Mercedes when a speeding black minivan driver lost control of his vehicle and rear-ended the fake Uber car belonging to the Police. One of the officers got pinned between the Mercedes and his car and the other one fell on the ground but wasn’t hurt. The driver of the Mercedes wasn’t hurt either. He was also out of his car but had time to to jump on the side to avoid  being stuck between the two vehicles. The driver of the minivan pulled away and took off. He was arrested 3 blocks away from the accident and taken into custody. The officer who was injured suffered a fractured leg and was taken to the hospital.

 

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Third-avenueTo reduce pedestrian and cyclist fatalities caused by cars and trucks on two of the busiest and most dangerous avenues in Brooklyn, the NYC DOT announced that the maximum speed limit was lowered from 30 mph to 25 mph. New signs are up and speed cameras have been re-calibrated on Third Ave and Hamilton Avenue in Brooklyn. The DOT decided to take action after 6 people including 3 cyclists and 3 pedestrians died in traffic accidents on Third Avenue last year. Two of them were killed in the same week in December.

The area around Third avenue and Hamilton Avenue has been changing a lot in the past years with more and more residential properties being developed. However there are still a lot of trucks coming in and out of the Gowanus, making the area particularly dangerous.

Half of the 2019 fatalities involved trucks

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6675222117_3499f967c4_3k29 cyclists and 122 pedestrians were among the 219 victims who died in traffic accidents in New York City last year. The yearly number of traffic fatalities in the city increased last year for the first time since Vision Zero was launched in 2014. The year earlier, in 2018, 203 people died in NYC motor vehicle accidents.

Brooklyn had the highest number of fatalities with 74 victims including 18 cyclists and 34 pedestrians. 64 people died in vehicle crashes occurring in Queens. 41 auto accident deaths were recorded in Manhattan, 27 in the Bronx and 6 in Staten Island.  According to  Streetblog, reckless driving remains the main cause of fatal crashes but drivers are rarely charged. It is often difficult to understand why some drivers are charged when others are let off the hook. Among the 148 drivers who killed a pedestrian or a cyclist 76 were not charged. In a tribute to those who have passed in NYC auto accidents, Street Blog listed all the accidents by months with the name of the victims if released, a description of the accident and if the driver was charged or not.

A summary of pedestrian and cyclists fatalities in 2019 by month

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Lexus-IS-300 A pedestrian who was standing between two parked cars was crushed to death by one of the car after it was remotely started by its owner. 21 year old Michael Kosanovich was standing between two parked Lexus cars on 148th Street in South Jamaica, Queens, NYC,  Friday night around 10:00 pm when one of them was remotely started by its owner and started to roll forward. Kosanovich was pinned between the Lexus and the other car. Bystanders ran to the rescue and pushed the car back but then the car moved forward again causing additional trauma to the pedestrian.  He suffered critical injuries and died in the hospital the following day.

A driver should never remotely start a vehicle without being aware of its surroundings

The remote engine starter is a common add-on on Lexus cars. It allows the owner to start the engine from outside the vehicle, to activate the air conditioner, the heater or the defroster before the driver gets in the car. The vehicle is not supposed to move after it is being remotely turned on. However, the user manual specifies the following:   “NEVER remotely start the engine if you are unaware of the circumstances surrounding the vehicle as it may cause a life threatening situation for those located in the vehicle’s vicinity.” The police didn’t release the identity of the owner of the Lexus who hasn’t been charged so far even though failure to exercise due care could probably apply to this case.

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the intersection where the fatal accident occurred23 year old Joanna Dixon was killed in a car crash in New York City on the night of her birthday. The young woman was riding in a black Mazda car with another girlfriend and the driver when the accident occurred. The driver of the Mazda blew a stop sign on East 55th Street in East Flatbush, Brooklyn and was T-boned by a speeding white 2019 Nissan GT-R travelling east on Foster Ave. The impact was so strong that the Mazda spun out of control and hit a telephone pole. Debris were scattered all over the place up to a half block away from the intersection.  The driver of the Nissan stayed at the scene of the accident and was identified as Rohan Shaw, an off-duty NYPD officer working for the counter terrorism bureau’s critical command. The police found that the officer was not only speeding but he was also drunk at the time of the accident. He was initially charged charged with reckless driving, speeding, driving while impaired with alcohol, vehicle manslaughter and negligent homicide. However charges were dropped a day after the accident according to a law enforcement source in the Brooklyn District Attorney’s Office.The driver of the Mazda took off by foot and hasn’t been found  yet. He left Joanna Dixon dying and her 22 year old best friend critically injured behind him. The accident occurred early Sunday morning just before 5:00 am.  The police have put up a sign at the scene of the crash asking for anyone who witnessed the crash to provide additional information. They are still looking for the driver of the Mazda.

Read more on NBC New York

Picture of the location of the accident: courtesy of Google Map

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Despite an increase in bicycle accident fatalities and in motorist injuries the total number of NYC motor vehicle accidents and the total number of resulting injuries and deaths decreased during the third trimester of 2019 compared to the third trimester of 2018. The total number of accidents declined from 57,642 during the third trimester of 2018 to 52,567 during the third trimester of 2019. This is the lowest number of crashes since the same period of 2014.

auto accident NYC third trimester 2019
While a high number of fatal bicycle accidents painted a very negative picture of New York street safety, not all numbers are bad. For example pedestrians fatalities were at their lowest during the period of July, August and September 2019. Motorists fatalities were lower than the two previous years during this same period and passengers fatalities were stable.

traffic fatalities in NYC third trimester
The total number of auto accident related injuries were slightly lower than the previous year. A total of 167,083 people were injured in traffic accidents during over the summer 2019 compared to respectively 16,300, 15,860, 16,048, 13,998, 13,472, and 14,900 during the same 3 months of 2018, 2017, 2016, 2015, 2014 and 2013. Motorists injuries account for almost half of the injuries and continue to increase. While efforts to protect pedestrians has led to a substantial decrease in pedestrian injuries and deaths, distracted driving remains the number one cause of  motor vehicle accidents in New York City and needs to be addressed.

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rear-car-seatSince November 1st, all children under the age of 2 instead of 1 previously, must use a rear-facing car seat when riding in a car in New York State. This requirement is coming on top of the actual New York State Child Passenger Restraint Law that was enacted in 1982 and requires that:

  • all children under the age of 4 ride in child safety seats
  • all children ride in child restraint systems until their 8th birthday
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