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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One Bryan-Loughanyear ago Bryan Loughran (picture) was killed by a hit and run driver in Brooklyn , NYC (see previous blog). The driver who left him dying on the road was later on identified as Michael Casale, a 54 year old Minister from Brooklyn. After he fled from the scene of the accident, the minister abandoned his vehicle and tried to conceal his responsibility by reporting it stolen. Police arrested Casale at his home. Hours after questioning and blaming “his friend” for leaving the scene, Casale broke down into tears and confessed, the judge said. He was sentenced to up to 4 1/2 years in prison two days ago. Read more in the NY Daily News

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A speeding SUV driver is responsible for the death of 42 year old Susana Ha and her 10 year old daughter Angelica Ung in a crash between two cars that happened last Wednesday on 210th St. in Queens, NYC according to a police source. Susanna Ha was riding with her two young daughters in the back seat and her mother was in the passenger seat of a car driven by her dad when the driver of a speeding SUV who was travelling in the opposite direction veered to the left, crossed the double yellow line and hit their car. The accident took place in a 15 mph school zone with a speed bump in the middle of the street.

The mother and the youngest daughter were killed in the accident while the other daughter was in critical condition. The 67 year old grandmother was seriously injured while the 74  year old grandfather who was driving the car was in stable condition. The 46 year old driver of the SUV was also injured and in stable condition. To date no criminal charges have been filed. Based on photos of the front end of the SUV and video it had to have been going well above the speed limit.

Read more in the NY Daily News 

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A 90 year old woman lost control of her car and crashed into the front window of the Aeropostale clothing store of the Bay Terrace shopping Center on Bell Blvd in Queens, NY. The accident happened on Sunday afternoon around 4 p.m. The driver who pressed the gas pedal by mistake, drove through the shop front window and ended up next to the cash register. A 39 year old worker suffered minor personal injury from falling glass and the elderly driver reported pain in her left arm. Read more in the NY Daily News

In New York State, the Department of Motor Vehicles does’t remove driving privileges based on age but an elderly driver may be requested to pass a re-evaluation program. New York State Vehicle & Traffic Law Section 506 (1) states that: “If the Commissioner has “reasonable grounds” to believe that a person holding a license is not qualified to drive a motor vehicle, the Commissioner may require such person to submit to an examination to determine their qualifications.”

If you have an elderly parent or close relative who you feel no longer has the ability to drive safely it is incumbent on you to discuss with them your concerns. This is a very difficult discussion to have since giving up one’s driving privileges makes one feel a loss of independence. Such a discussion must be in a reasoned manner. For an excellent article on having this discussion see “How to Talk to Elderly Adults About Giving up the Keys” by Constance (Connie) Matthiessen in caring.com.

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A 29 year old male pedestrian died in a car accident in New York City last Saturday night. For some unclear reason instead of using the nearby pedestrian overpass, Caje Dawkins decided to walk across the Bruckner Express Way near Stratford Ave, half a mile from where he lived.  As he was trying to cross the busy highway he was struck by a SUV . The driver of the SUV stayed at the scene of the accident.  Read more in the New York Daily News

 

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The police are still looking for a hit and run driver who struck a pedestrian last Saturday around 12:30 in Queens.  21 year old Betty Jean DiBlasio was crossing Ditmars Blvd near 19th Street in Astoria when she was hit by a Chevrolet Impala.  The driver sped away leaving the young woman lying on the pavement with a severe head injury. She died later at the hospital.  Read more in the NY Daily News.

According to the Vision Zero Queens Pedestrian Safety Action Plan, 16% of Queens pedestrians fatalities happen between 12:00 and 6:00 am though less than 4% of pedestrian activity takes place during these hours. 75% of Queens pedestrian fatalities are caused by dangerous drivers choices such as speeding, failing to yield to pedestrians, red light running, distracted driving, and driving under the influence.

Queens Pedestrians Fatality

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New York Personal Injury lawyer Anthony GairA bill that makes it a felony for drivers to kill or injure others while driving without a license was passed yesterday by the New York State Senate. The bill was introduced by state Senator Michael Gianaris (D-Astoria) following the death of Noshat Nahian, an 8 year old pedestrian who was on his way to school when he was fatally struck  by a tractor-trailer driven by an unlicensed driver. Our partner, personal injury lawyer Anthony Gair (picture) who is in charge of the case commented: “This is a very important bill and long over due. In this tragic case, all charges against the driver were dismissed except for driving without a licence for which he paid an $85 fine. This is outrageous in a case in which Noshat was in the crosswalk with the right of way and easily visible at the time the tractor trailer turned left striking him. Hopefully the law will also discourage commercial carriers from hiring unlicensed truck drivers.” Read more in the Times Ledger

 

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A motorist who was speeding lost control of his car and crashed into a SUV , spun around ran into other parked cars, injuring himself and 3 other people including a a woman who was four months pregnant. What will it take to prevent these needless accidents caused by drivers who are so irresponsible they never consider the dire consequence of their behavior. Long term suspension of their licences would be a good start. When death or catastrophic injuries result jail would not be a bad idea. Too few accidents caused by reckless driving result in criminal prosecutions. See our post above.  The car accident happened last Friday around 7:00 pm on Boston Road near East Gunhill Road in the Bronx, NYC. Read more in the NY Daily News 

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5 pedestrians died and 696 suffered personal injury in April in New York City compared to respectively 8 and 854 in April 2014 and 12 and 904 in April 2013.  Pedestrian fatalities have been declining since the beginning of this year and reached their lowest in April. The total number of pedestrian fatalities since the beginning of the year was 28 compared to 39 for the same period of 2014 and 55 for the same period of 2013.  Since the beginning of the year there was also a decrease in the number of pedestrians who suffered personal injury in a traffic accident in NYC.Pedestrian deaths and injuries NYC April 2015

2 people died and 300 were injured in a total of 300 bicycle accidents in New York City in April compared to respectively 1, 306 and 382 in April 2014 and 0, 288 and 358 in April 2013.  The number of cyclists fatalities and injuries remains elevated in the City.

Bicycle accidents injuries deaths NYC April 2015
Even though there was an unusually high number of 10 motorist deaths last April the total number of traffic fatalities in New York City since the beginning of the year is down compared to the same periods of 2014 and 2013.

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BeforeAndAfterMINICooperSHalf a million people suffered personal injury and 1,700 died in more than 1.7 million rear-end vehicle accidents in 2012 in the US. Many of these accidents could have been avoided or at least mitigated if vehicles were equipped with collision warning systems paired with active braking systems according to a new Special Investigation Report from the National Transportation Safety Board (NTSB) entitled “The Use of Forward Collision Avoidance Systems to Prevent and Mitigate Rear-End Crashes“.  In the report the NTSB demonstrates the efficiency of such systems and criticizes the National Highway Traffic Safety Administration for not doing enough and being to slow in implementing performance standards for these technologies. The  report also notes that manufacturers have too little incentive to add these technologies to their new vehicles.

Picture: before and after a rear-end crash courtesy of Wikipedia

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Jeffrey BloomNew York Car Accident Lawyer Jeffrey B. Bloom will be speaking on “Taking a Meaningful Deposition in an Auto Accident Case” tomorrow  June 10th at the “Automobile Litigation Update 2015 : Keeping Current in New York” Seminar presented by the New York State Bar Association. This seminar will take place at the CUNY Graduate Center, at 365 Fifth Avenue in New York from 9:00 am to 4:00 pm. For those who can not attend in person there will be an option to follow the program on a live webcast however newly admitted attorneys must attend the program in person to receive New York MCLE credit.

Trying or resolving a motor vehicle case requires an understanding of the latest developments and trends in automobile tort law. Designed to familiarize attorneys with the intricacies of automobile litigation in New York State, this seminar will include an overview of the latest developments in underinsured and uninsured motorist coverage, accident reconstruction and the use of biomechanical experts. Experienced practitioners will provide practical information you can use to prepare an automobile claim from the claim stage through discovery and trial. Coverage issues impacting automobile litigation will be also be discussed. The program also includes a segment on ethical considerations.
To learn more about this program or to register click here
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