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 Bicycle Accidents

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trucks-kills-cyclist-tweetA cyclist was killed in a truck accident in NYC last week.

41 year old Pedro Lopez is the first cyclist to die in a traffic accident in New York City in 2020. He was killed by a reckless truck driver who was making an illegal U-turn at high speed on Vandervoort Avenue in Brooklyn. The accident occured on Thursday around 2:40 pm. The cyclist was rear ended by the truck. He was rushed to the hospital where he later died from his injuries.

Despite a video showing the recklessness of the truck driver, the police didn’t charge him

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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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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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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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location of the bicycle and dump truck accidentA 25 year old cyclist was killed by a garbage truck in New York early Sunday morning. Matt Travis is the 28th person to die in a bicycle accident in New York City this year. Matt was riding South on the Willis Ave Bridge bike path when a dump truck made an illegal U-turn to get on the bridge from a service road (technically 1st Avenue, see map) and fatally struck him. The driver then fled the scene of the accident. The police indicated that they are looking for him but they haven’t released any information yet.

Matt was found by the police lying on the street with severe trauma. He was rushed to the hospital where he was pronounced dead.

Matt Travis was a rising star pro wrestler and a student at the House of Glorty Wrestling School in Queens. He was recently interviewed by Vice magazine about his passion. Friends and fans have been posting tributes to the young man on social media and at the location of the accident.

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Donna Strum was fatally struck by a cyclistOn April 24th, 41 year old Dameon Doward was riding his bike on 57th Street.  He ran a red light at the mid-block traffic signal between Fifth and Sixth Ave and struck Donna Sturm who was crossing the street in the crosswalk after the light turned green for pedestrians. Sturm died two week later from her injuries. Daemon Doward  was initially issued a summons for running the red light. However, he was arrested yesterday by the police and charged with second degree reckless endangerment, a top level misdemeanor that could send him in jail for a year.

Doward was delivering food at the time of the accident. Those who hire bicyclists for deliveries of their products need to provide safety instructions, appropriate supervision and insurance coverage in the event of negligence leading to injuries and deaths.

Our managing partner, Ben Rubinowitz is representing the family of Dona Sturm and the following statement was issued after her death on behalf of the family:  “Donna Sturm was a vibrant, energetic and wonderful woman who died as a result of carelessness and negligence. She died because a bicyclist completely disregarded the law. She was crossing a street, in the crosswalk, with the light in her favor when she was struck. Unfortunately, she suffered horrific head injuries and, although the doctors tried their best over the last week, they were unable to save her life,”

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Bicycle HelmetWearing a helmet can reduce injuries in bicycle accidents however street safety advocates argue that making bicycle helmet use mandatory lead to a reduction of the number of people using bicycles and as an unintended consequence the streets would become less safe for cyclists.

On Wednesday mayor de Blasio told media that by recommending making bike helmet use mandatory in all 50 states, the National Transportation Safety Board (NTSFB) was “pushing us in the right direction”

However street safety advocates such as Transportation Alternatives as well as some of the NTSB staff  members argue that mandatory helmets lead to a reduction in the number of people using bikes and lead to the “unintended consequences” of city officials doing less to make cycling safe because they have less pressure.

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Location of the fatal bicycle accidentAn 87 year old cyclist who was struck by a car in New York City last week died from his injuries. While the police blame the accident on the victim saying that he blew a red light, witnesses told the NY Daily News that the bicyclist had the right of way and that the car driver blew a red light.

The accident occurred last Tuesday at the intersection of Avenue P and Ocean Parkway in Brooklyn. The cyclist was riding west on Avenue P and was struck by the car as he was in the crosswalk. One of the witness, a female pedestrian, told the News that she was also about to cross the street after the light turned green in favor of the pedestrians when a black minivan zoomed out of nowhere, ran the red light and hit the cyclist. The witness saw the cyclist falling on the top of the car and said there was blood everywhere. The 36-year-old driver stayed at the scene of the accident and was not charged. The police maintained he had the green light.

The elderly cyclist was transported to the hospital in critical condition. He died from his injuries a few days later.

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Corey_Johnson_2015To prevent pedestrian and bicycle accidents in New York City, a new bill proposed by Corey Johnson is expected to be approved today by the City Council after Mayor de Blasio gave its approval on a delayed version.  The bill entitled NYC Street Master Plan includes the construction of 250 miles of protected bike lanes, multiple pedestrian safety measures and 150 miles of dedicated bus lanes over a five year period. Mayor de Blasio finally gave his support to the bill but on the condition that it would not start this month but in December 2021 when a new mayor takes over. Corey Johnson is one of the candidates running for NYC mayor in 2021 and if he wins he would be the one in charge of implementing his own plan.

Mayor de Blasio was not in favor of the Street Master Plan when it was proposed at the beginning of the year, arguing that his Vision Zero program was enough to make pedestrians and bicyclists safe in the city. After multiple fatal bicycle accidents occurred during the first half of the year, proving him wrong, de Blasio unveiled a five year plan dubbed the “Green Wave Bicycle Plan”, a diluted version of the “Street Master Plan” in  July.

However after bicycle accident fatalities continued to rise to record numbers in the city over the fall and the summer,  the mayor changed his mind and agreed on a delayed version of the Street Master Plan. Delaying the plan for two years means that  NYC cyclists will continue to face dangerous riding conditions at least for another 2 or 3 years.

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