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 Pedestrian Accidents

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New York Personal Injury Peter SagirCongratulations to our partner NYC car accident lawyer Peter J. Saghir who obtained a verdict in Queens in a difficult liability case involving a pedestrian who was struck by a car at 42nd Street and 12th Avenue in Manhattan.

The trial was bifurcated and the defendant denied all liability and faulted the plaintiff for the happening of the accident. The driver claimed that the plaintiff was running across the street outside of the crosswalk to catch a bus at the time of the accident while the plaintiff maintained she was walking across 42nd Street in the crosswalk with the light in her favor. Geico, who insured the driver, refused to tender the full policy prior to trial.

After summations and 25 minutes of deliberation, the jury of 3 men and 3 women returned a unanimous verdict finding the driver was 100% negligent and the plaintiff completely free from fault. After the verdict, Geico tendered the full policy and the driver made a substantial personal contribution.

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12 people died and 4,578 were injured in traffic accidents in New York City in April. Among the fatalities were 7 pedestrians, 3 cyclists and 2 motor vehicle passengers. The number of fatalities recorded last April is the lowest number of traffic fatalities ever recorded in April since Vision Zero started. Last year during the same month 20 people died in NYC motor vehicle accidents. In 2016, 2015, 2014 and 2013, there were respectively 14, 19, 21 and 15 fatalities.

Traffic fatalities NYC April 2018
Sadly, the number of people injured in accidents in the city was higher in April 2018 than it was in April 2017. It wasn’t as high as in 2016 but it was higher than in 2014 and 2015 and also back at the level where it was before Vision Zero was implemented.  While pedestrians and cyclists account for most deaths, motorists and passengers sustain most of the injuries.Motor vehcile accident injuries New York City April 2018

Motorists injuries continue to be on an ascending trend with a record number of 2,117 motorists injured last April compared to respectively, 1,922, 2,061, 1,363, 1,305 and 1,599 in 2017, 2016, 2015, 2014 and 2013. Distracted driving might be one of the reasons why this number continues to increase.

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7th-waverly-perryThe installation of protected bike lanes all over New York City not only protect bicyclists from dangerous accidents but also drivers and pedestrians alike. According to DOT statistics, streets with bike lanes have 40 percent fewer crashes ending in death or serious injury. A study realized after the Ninth Avenue protected bike lane was installed showed that all injuries related to traffic accidents decreased by 50%. Pedestrian injuries decreased by 29% and cyclist injuries by 57%.

Better protection for cyclists and pedestrians

Last week the DOT announced that the many cyclists using Seventh Ave to ride South in Manhattan will now be able to use a protected bike lane from 30th Street to Clarkson Street. Half of the protected bike lane, from 30th Street to 14th Street was installed at the end of last year. The DOT finished installing the other part from 14th Street to Clarkson Street last week. The DOT still needs to paint the lane in green. The DOT is also planning to install five concrete pedestrian islands along the way as well as additional safety improvements for pedestrians.

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location of the fatal pedestrian accident BK NYCOn March 5th, Ruthie Ann Blumenstein was crossing the road with Abigail, her 5 year old daughter when a reckless driver struck them (see our previous blog). Abigail died at the scene of the accident and her mother suffered serious injury. At the time of the accident she was 39 weeks pregnant with Sophia Rosemary Wong Blumenstein. On Wednesday our managing partner, Ben Rubinowitz who represents Mrs Blumenstein announced that sadly her unborn child had died from the injuries suffered during the crash. “The pain suffered by Ruthie and Jonathan is nearly impossible to fathom,” Mr. Rubinowitz said. “As you might imagine, they are overwhelmed by the sadness of the deaths of their children.”

Ruthie Ann Blumenstein is a Tony-Waward winning actress. The actress and her daughter Abigail were among a group of pedestrians who were crossing the intersection of Fifth Ave and 9th street in Park Slope, Brooklyn, when Dorothy Burns ran a red light and erratically plowed into them.  Abigail and 20 month old Joshua Lew died at the scene of the accident. Several pedestrians were injured including the pregnant Ruthie Ann Blumenstein.

Dorthy Burns was recently indicted by a Grand Jury and was charged with manslaughter, assault and criminally negligent homicide (see previous blog).  Burns suffers from multiple sclerosis. Prior to the fatal accident she received 12 driving violations for speeding in school zones and running red lights. Her license is now suspended. It is outrageous that she was still allowed to drive at the time of the accident.

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Location of the garbage truck accident in BrooklynA private garbage truck struck and seriously injured a 78 year old woman who was crossing the street yesterday in New York City . The hauling truck that belongs to MIST Entreprise was making a left turn from East Fourth Street onto 18th Ave in Kensington, Brooklyn, when it hit the pedestrian. The accident occurred around 11:00 am. Witnesses saw the victim being pinned under the wheel of the truck. She was screaming and her leg was completely mangled.  The 78 year old woman was rushed to the hospital with serious injuries.  The driver of the truck stayed at the scene of the accident and so far hasn’t been charged.

KILLING MACHINES

The truck that crashed into the pedestrian has a history of reckless driving. According to city records, over the last two years, the truck was cited 5 times for running red lights.  Privater garbage truck haulers have a very bad reputation in New York City. Drivers are forced to drive long hours and cover large routes, making them prone to reckless driving.  Between 2010 and 2017, 43 New Yorkers died after being struck by private carting companies’garbage trucks. Organized labor believes that the Business Integrity Commission that regulates them is not doing enough to prevent this carnage. Not even a month ago another elderly resident from the Bronx was fatally struck by a private garbage truck. Police investigated the accident and discovered that the driver had previously fatally ran over a colleague with his truck 6 months before. He lied to the police about it and was still allowed to drive without being charged. (see previous blog).

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location of the accident between taxi and Uber car NYC6 people were injured including 5 pedestrians in a NYC car accident between a livery car and a taxi. The accident occurred last Thursday night a little bit after 7:00 pm. The street was busy with pedestrians when a yellow cab violently T-boned  a livery car at the intersection of West 21st Street and Eighth Ave in Chelsea. The impact was so strong that the livery car jumped the curb and careened into a corner deli completely destroying the storefront and sending the freezers and the ATM machine flying and injuring nearby pedestrians. The police are still investigating the accident. So far none of the drivers has been charged but one of them may have burned a red light.

Mayhem scene

As the livery car jumped the curb and careened into the Deli, pedestrians on the sidewalk tried to dive for cover but the out of control car was going so fast that some of them didn’t have the time to move out of the way. Witnesses estimate that the car hit the deli at a speed of 20 to 30 mph. A 56 year old mother landed unconscious on the top of a car, another man was removed from the debris by the emergency crew and put on a stretcher. A young man who was at the deli counter also suffered injury and told journalists that everything went so fast that he had no time to dodge the car.  A total of 6 people were injured including the Uber driver. The five others were pedestrians. Among them were a 56-year-old mother and her 13 year-old-son, a 62-year-old man and a 41-year-old-man. The two drivers remained at the scene of the accident.

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In a previous post we mentioned that a pedestrian was fatally struck by a garbage truck belonging to Sanitation Salvage two weeks ago in the Bronx. Leon Clark, a man in his 70ies who was living in Adams Houses was walking on E. 152nd St. near Jackson Ave in Morrisiana when he was fatally struck by a private garbage truck driven by 33 year old Sean Spence. It is the second time in less than 6 months that Spence killed a pedestrian while driving his truck.

On November 7, Spence was driving his truck when he fatally ran over 21 year old Mouctar Diallo, an off-the books employee who was helping him. Diallo was standing on the the steps leading to the passenger’s door when he lost  his grip,  fell under the truck’s rear wheels and died. Spence initially lied to the police and claimed that the victim was a crazy homeless man who tried to jumped on the side of his truck.

Sanitation Salvage has a history of safety violations

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Two months ago Dorothy Burns ran a red like, killed two young children and injured 3 pedestrians in a horrific accident in Brooklyn, NYC (see previous blog). The 2 children were 20-month-old Joshua Lew and 4 year old Abigael Blumenstein, the daughter of  Tony award actress Ruthie Ann Miles.  Burns was indicted by a Grand Jury last Wednesday and was charged with manslaughter, assault and criminally negligent homicide. Burns had a history of reckless driving. Since 2016 she accumulated 12 driving violations from speeding in school zones and running red lights. Burns  suffers from multiple sclerosis and it is unclear why she was still allowed to drive at the time of the accident. Her license is now suspended.

Read more in the Daily Beast

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Hit and Run Crashes by State2,049 people died in 1,980 fatal hit and run crashes in 2016 in the US according to a study recently released by the AAA Foundation for Traffic Safety. This is the highest number of fatal hit and run crashes ever recorded in the US. Among the 2,049 people who died in these accidents, 1,229 of them were pedestrians, 169 were cyclists, 380 of them were drivers and 229 were passengers. Since 2009 hit and run crashes increased by an average annual rate of 7.2% per year.

New Mexico, Louisiana and Florida have the highest rate of fatal hit and run crashes per 100,000 people while New Hampshire, Maine and Minnesota have the lowest rate.

Almost 60% of the victims of fatal hit and run are pedestrians with elderly over 80 year old and children under 6 being 50% more likely to be a victim of such accidents. Gender is also a factor. 70% of pedestrians dying in a hit and run accidents are male.

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accident sceneAn elderly woman died and her husband is in critical condition after both got hit several times in a freaky car accident at a Brooklyn car wash in New York City.

Tuesday afternoon around 3:00 pm, an elderly couple brought their car to a car wash located next to the Mobile gas station on Avenue U and Gerritsen Avenue in Marine Park.  As their car was coming out of the car wash it was hit by a black Jeep that had been left in neutral. The elderly couple were inspecting the damages on their car when a 61 year old employee of the car wash got behind the wheel of the black Jeep. He backed the Jeep up in the garage and hit a wall of the building, then for some unknown reason he drove forward speeding, striking the couple and crashing into their car. The impact was so strong that the couple’s car then crashed into two other parked cars across the street. The car wash employee then backed up again and drove forward again striking the woman for the second time. He repeated the same back and fourth maneuver for a third time before car wash employees were able to stop him and get him out of the car. The 85 year old woman identified as Joane Tornabene died at the scene of the accident. Her 90 year old husband, Frank Tornabene was rushed to the hospital in critical condition. The police are still trying to figure out the reason why the car wash employee behaved so erratically.

This is the second time in a week that someone was struck by a vehicle at a NYC car wash. A car wash worker lost his leg on Saturday in Queens . The man was wiping down a vehicle when he was struck by another car driven by a co-worker.

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