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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Speed cameras have proven to significantly reduce car accidents related to speed in NYC school zones. Sine the first cameras were installed in 2013, statistics show that speeding went down by 63% in the 160 zones where the cameras have been installed. Four million speeding tickets have been issued over four years by the first program. Drivers who exceed by more than 10 miles the 25 mph speed limit receive a fine of $50. This amount is less than a school zone speeding ticket given by an NYPD officer which can go from $300 to $1200 depending on cases. After being caught once, drivers usually slow down and rarely get caught a second time. Speed cameras are an effective way to make drivers slow down, make school zones safer and prevent accidents.

Pilot speed cameras program installed in 2013 were temporarily shut down by NY Senate

The first  school zone speed cameras program was launched as a pilot in 2013 and expired last summer after the NY Senate controlled by Republicans  refused to extend it and increase the number of cameras to 290. In order to keep the program alive Governor Cuomo declared a State of Emergency and allowed a bill signed by mayor de Blasio and created by City Council Speaker Corey Johnson and Transportation Committee Chair Ydanis Rodriguez to become law. The bill not only extended the actual 160 speed cameras program but also allowed for the installation of an unlimited number of  additional cameras in the city. The bill was temporary and would only expire if a similar program was signed by the NY legislature. To keep it alive Governor Cuomo had to renew the State of Emergency every month.

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accident sceneReckless driving can cause dangerous car accidents in NYC and NYPD officers who are  supposed  to lead by example  and prevent such behavior are indeed the worst offenders. After investigating the driving habits of NYPD personal, Streetblog found that some NYPD officers were repeatedly ticketed for serious violations.  Among the wort drivers was a Park Slope, Brooklyn cop who accumulated 58 serious moving violations and another cop from Harlem in Manhattan who got 41 of them.

Globally when comparing regular drivers to cop drivers, police officers drive their regular car twice as recklessly as regular New Yorkers. Streetblog found that 36% of regular New Yorkers had their car ticketed once for a serious violation compared to 58% for cops’ personal cars. Additionally 19% of regular people’s cars received a second serious violation compared to 37% of cops’ personal cars.

Streetblog also found that if the Reckless Driver Accountability Act would pass, more cops’ cars than regular New Yorkers’  cars would be seized by the City

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Second-Avenue-and-BordenA cyclist was fatally struck by a car in NYC on Thursday. The victim, identified as 53 year old Robert Spencer, is the sixth person to die in a bicycle accident in New York City since the beginning of the year. Spencer was riding his bicycle on Borden Avenue on Thursday morning a little bit before 8:00 am when he was struck by a car traveling on Second Street in Queens. The driver, a 51 year old man stayed at the scene of the accident and wasn’t charged.The victim was rushed to the hospital but he couldn’t be saved.

The area where the accident occurred used to be industrial but recent developments are quickly transforming the neighborhood into a more residential area. While there is a protected bike lane on Second Street, Borden offers no protection for cyclists.  According to residents, speeding double parking and failing to yield to pedestrians is common on Borden. The shareholders of the Murano, a residential building located a block away from the accident have already written a letter to the city and to their Council Member Jimmy Van Bramer to ask for a two-way protected bike-lane on Borden as well as other traffic calming measures. Their effort was supported by Van Bramer who wrote directly to the DOT on March 4th to support the residents’request for a bike lane and other traffic calming measures. The residents of the Murano also tried to lobby their local community board for protected bike lanes along Borden Avenue, but the community board refused to consider their request. (read more in Street blog)

Bike lane delays are not about the money but about the community

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accident sceneThe driver who fatally struck an 85 year old woman in Brooklyn, NYC, last Wednesday had previously received 10 tickets for speeding in a school zone and two for running red lights. The police haven’t filed any charges against the driver. The daughter is furious and wants the driver charged. She believes that a bill such as the “Reckless Driver Accountability Act” proposed by Brooklyn Councilman Brad Lander would help stop reckless driving in New York and could have prevented the death of her mother. The bill was proposed last year by Councilman Brad Lander after a reckless driver killed Abigail Blumenstein and Joshua Lew in Park Slope. Stella Clinton was backed over by the reckless driver as she was walking home from her Brooklyn parish church after an Ash Wednesday service. The accident occurred on Avenue S near Brown Street, in Marine Park, Brooklyn.

Read more in the NY Daily News

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19 people died in 167,686 NYC motor vehicle accidents in January 2019 . More than half of the fatalities were pedestrians. 3 of the fatalities were cyclists, 3 were passengers and 3 others died behind the wheel. This number compared to 20 fatalities in December and respectively 11, 18, 17, 13, 21 and 28 in January 2018, 2017, 2016, 2015, 2014 and 2013.  This is the highest amount of traffic deaths for a month of January in 5 years. (click on graphs for full size view)

Car accident deaths NYC January 2019
For the third consecutive years NYC auto accident injuries in January stayed above 4,000. 4,347 people were injured in motor vehicle accidents in New York City in January compared to 5,361 in December 2017 and respectively 4,351, 4,383, 3,624, 3,449, 3,899 and 3,993 in January 2018, 2017, 2016, 2015, 2014 and 2013.

Auto Accident Injuries NYC January 2019
Pedestrian fatalities increased by more than 40% in January 2019 compared to January 2018. However the number of pedestrian fatalities was still half what it was before Vision Zero started. 10 pedestrians died in traffic accidents in New York City in January 2019 compared to 7 in January 2018 and 20 in January 2013. A month before in December 2018, 16 pedestrian died in traffic fatalities. The period covering October November December and January is the most dangerous for pedestrians  because the sun goes down a little bit after 4 pm and pedestrians become less visible by motorists during the rush hours.  The city is running preventive campaigns to raise awareness about this problem.  It looks like the campaign was more effective last year than this year as monthly pedestrian injuries never went above 10 during the entire period of October November December and January. This year, except for October monthly pedestrian fatalities were back above 10 during the fall and winter months.

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LIRR train Accident NY3 people died and 7 were injured after a vehicle collided with two trains travelling in opposite directionsa in Long Island, NY.

The train accident occurred Tuesday night during rush hour at a railroad crossing near the Long Island Rail Road Westbury Station in Nassau County, NY. As the gates were down and the lights were flashing, the driver of the vehicle involved in the accident was witnessed driving around the gates to cross the railroad tracks. As he was in the middle of the railroad crossing, the vehicle was struck by a train that had just left the Westbury station and was heading East. The vehicle was then hit a second time by another train arriving at full speed in the opposite direction. The impact caused the two first cars of the westbound train to derail while the last car of the eastbound train struck a platform and partially destroyed it. The 3 occupants of the vehicle all died in the accident. So far the vehicle was so mangled that it was difficult to identify who were the victims and what type of vehicle it was. After further investigation the police found that the victims were 3 workers of a grocery store located a block away from the crossing: dairy manager Jesus Hernandez, and meat department workers Saul Martinez and Miguel Luna. According to a witness the men travelling in a maroon SUV might have been involved in a fender bender moments earlier and were trying to  flee the scene of the accident.

7 other people who were travelling on the westbound train were also injured. They were transported to the hospital to be treated for non fatal injuries. Around 1000 people had to be evacuated from both trains and heavy delays were expected as crews had to work on two train derailments and assess damages to the tracks and to the platform.

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Texting while driving can killApple recently dodged several  product liability lawsuits from families of victims of distracted driving crashes. The lawsuits claimed that Apple not only is aware that the Iphone triggers dangerous compulsive behaviors in some individuals but that the company has the technological means to prevent such behavior when a cellphone user is driving.

Back in 2008, the company submitted a patent for a lockout mechanism that disabled certain phone functions such as texting that could interfere with safe driving when the user is behind the wheel. In the patent, Apple indicated that it was fully aware of the dangers of its product by writing: “Texting while driving has become so widespread that it is doubtful that law enforcement will have any significant effect on stopping the process”.  Later on in 2017 Apple briefly introduced a “Do not Disturb while Driving App”. The app had to be activated by the user and critics said that compulsive users would not be the one activating it.

Despite being aware of the danger of its product, Apple still hasn’t implemented any technology to protect innocent people from being killed on the road on a daily basis. So far all product litigation against the popular company has been dismissed.  One of the most recent ones involved the family of 5 year old Moriah Modisette.  Back in 2014, Moriah was in a car with her parents and her sister on a highway in Dallas when Garrett Wilhelm crashed into their car.  Moriah died and her parents and sister were injured. The investigation found that at the time of the accident Wilhem was chatting on FaceTime.

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schoolbus1Reckless drivers who endanger young pedestrians by driving around NYC school buses while the stop sign is on might soon be caught on camera and ticketed.

The proposal by  Councilman Ben Kallos (D-Manhattan) to equip buses with cameras  is coming days after two NYC drivers were seen driving on school sidewalks to avoid school bus traffic. Both cars were caught by surveillance cameras and the police are actively looking for the drivers. However in many other instances impatient New Yorkers are putting the life of children at risk by going around school buses and are never caught by the police. These reckless drivers should be identified and punished so others will think twice before acting recklessly by driving around school buses.  For now drivers who are passing the school buses despite the stop signal only receive a ticket if the police catch them doing it. The ticket is $250. In New York State it is estimated that 50,000 drivers ignore the rule every year.

Motor vehicle accident is the number one cause of fatalities for children therefore drivers must be cautious while driving near school buses or near bus areas

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scene of the fatal hit and run accidentA pedestrian died from her injuries after being struck by a taxi driver who tried to flee the scene of the accident but was shortly after arrested by the police. 26 year old Sherena Hundalani was walking on the sidewalk of Queens Boulevard near 63rd Road next to a gas station when she was struck by a green taxi. It was not exactly clear if the driver pulled in the station to get some gas or to cut across. Witnesses saw him driving through the station and turning left onto the Queens Boulevard service road where he slammed into Sherena.

Good Samaritan stopped the reckless driver

A young man going by the name of Bolat told the News that he was at the scene of  the accident with his wife and kid and that he witnessed the taxi driver behaving erratically. The taxi almost drove into him and his family before abruptly turning on the service road slamming into Sherena. Then the driver tried to leave the scene of the accident and drove the wrong way in the middle lane of the road before pulling over. After he pulled over Bolat opened the front door of the taxi and took out the key. Then the police arrived and brought  the driver to the station. He was released later on at night. So far the man hasn’t charged and the police indicated that they were still investigating the accident.

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NYC pedestrian safety action planHalf of NYC fatal pedestrian accidents occur on 7% or 424 miles of the city’s streets. These specific streets are going to be the main focus of the new Borough Pedestrian Safety Action Plans that were just released by the DOT yesterday. Mayor de Blasio announced that by the end of this year specific streets and avenues will undergo design changes to protect pedestrians from being killed in traffic.  The following priority corridors were identified for safety modifications:

  • Westchester Avenue, Boston Road and Soundview Avenue in the Bronx
  • Linden Boulevard, 8th Avenue, Surf Avenue and Bedford Avenue in Brooklyn
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