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 Personal Injury

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deadly traffic accidentsThe recent string of pedestrian accidents in Queens and Manhattan over the last week-end is deeply concerning as it seems that every week-end in New York City a few more people are getting killed in traffic accidents. Our pedestrian accident lawyers  are not the only one to express concerns about the increased number of traffic deaths in New York City. In a recent column for the New York Times, Ginia Bellafante  point fingers at the increased number of traffic fatalities in the city and highlights the dangers of Atlantic Avenue. Confirming these concerns, Transportation Alternatives just released today its quarterly traffic fatalities report showing 51 people died in traffic accidents during Q1 including a record 9 bicyclists.

Last weekend’s carnage

The first accident involved a hit-and-run driver who struck and killed Darryl Younger, a Department of Education employee who was on his way to work as a school lunch loader and handler. The driver who struck him was traveling south on Jackson Ave. and is still being sought by police.

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Teen driving crashes infographicAs car accident lawyers, it is heartbreaking to hear about the recent crash in Westchester County that left several teenagers seriously injured, some with life-threatening injuries. This tragedy once again highlights the dangers of teen driving and the devastating consequences that can result when young drivers are not properly trained and licensed.

According to reports, the crash occurred when an unlicensed 16-year-old driver lost control of his Honda Accord while driving with three passengers. The car crossed into the lanes of oncoming traffic and collided head-on with a school bus carrying multiple passengers, including several high school students.

The impact of the crash was severe, and several people suffered serious injuries

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Bronx DA ClarkThree contractors have been indicted by the Bronx District Attorney’s office for manslaughter and criminally negligent homicide charges in the death of a construction worker. The victim was Segundo Manuel Huerta Mayancela, who was crushed by 1,000 pounds of debris at the construction site in 2019. 5 other construction workers suffered injury in the accident. The contractors involved in the incident have been charged for falsifying credentials, flouting safety standards and disregarding worker’s protections.

The contractors were charged for creating egregiously dangerous conditions at the building site, where they flouted building safety codes and ignored worker’s protections. According to the investigation carried out jointly by the NYC Department of Investigation and the Bronx DA, the contractors falsified credentials and permits and ignored oversight requirements, creating a dangerously unstable structure that led to Mayancela’s death.

The Bronx DA, Darcel D. Clark, said that the death of Segundo Manuel Huerta Mayancela was entirely preventable and that the construction site was a death trap waiting to happen. She emphasized that workers are not expendable, and anyone who puts construction workers at risk in an already hazardous profession would be held accountable. Clark also highlighted that the case predates the Carlos’ Law, which was enacted to create greater accountability for tragic and avoidable injury to workers at New York construction sites and increase penalties for criminal corporate liability for the death or serious physical injury of an employee.

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parking garage collapses in NYCOn Tuesday afternoon, a parking garage on Ann Street in Lower Manhattan collapsed, resulting in the death of one person and injuring five others. The collapse caused cars to pancake on top of one another, sending rubble from the top deck down to street level. Videos and pictures from the scene showed the extent of the damage, with dust rising from the wreckage.

As premises liability attorneys in New York City, it is alarming to see accidents like this happen. It is the responsibility of property owners to ensure that their premises are safe for those who use them, including visitors and employees. The collapse of the parking garage raises questions about the safety measures in place, maintenance of the structure, and whether there were any prior warnings of potential issues.

The building had open violations dating from 2003

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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Lithium ion battery can be dangerousOur personal injury law firm is concerned about the recent news regarding lithium-ion batteries causing deadly fires in New York City. According to reports, a 64-year-old man died in a Bronx apartment fire caused by a defective lithium-ion battery over the weekend, and the FDNY has reported 33 fires caused by these batteries this year, resulting in three deaths and 42 injuries.

To address this issue, Mayor Eric Adams signed  five bills into law aimed at preventing fires caused by lithium-ion batteries in New York City (see our previous blog about these bills related to e-bike battery safety). 

While the bills only address lithium battery safety in New York City, there is a need for federal legislation to ensure that batteries are safely manufactured and used. Currently, compliance with safety standards is voluntary, and the wide availability of uncertified or after-market tampered batteries is contributing to the problem. Additionally, a change in federal law in 2016 exempts imports below $800 from inspection and tariffs, which has made it easier for uncertified or unsafe batteries to enter the market.

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protected bike lanes save livesAs personal injury lawyers and bicycle accident lawyers, we applaud the recent decision by the Upper West Side Community Board 7 to back crosstown protected bike lanes. This move is a significant step forward in promoting safer cycling and reducing the number of bicycle accidents in New York City.

Cycling is a popular mode of transportation in New York, and it is essential to have adequate infrastructure to support it. Protected bike lanes provide a safe and secure environment for cyclists to ride, reducing the risk of collisions with motor vehicles, pedestrians, or other obstacles on the road. Studies have shown that protected bike lanes can reduce the number of crashes by up to 90%.

Bicycle accidents often result in catastrophic injuries or death

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Crown Street and Nostrand Avenue where the accident occurred
Two people suffered serious personal injuries in a multi-vehicle car accident in New York City last Monday night. The accident occurred around 6:30 pm in Crown Heights, Brooklyn at the intersection of Crown Street and Nostrand Avenue.

An exclusive and jarring surveillance video from a nearby building was obtained by CBS2. The video shows a white car running a red light at high speed and T-boning an SUV that had the green light and was driving through the intersection. The impact was so intense that the SUV went airborne and crashed into another car further down the street, while the white car jumped the curb and nearly hit pedestrians on the sidewalk.

Only a few seconds later, an NYPD patrol SUV arrived in the same direction as the white car. An officer got out and ran towards the cars. CBS2 asked the police if the cruiser was chasing the white car. The police initially declined to answer but later said that the cruiser was not involved in an active vehicle pursuit at the time of the accident. In a busy city like New York, there is a policy for when a police car is allowed or not allowed to engage in a vehicle pursuit. This policy states that police should “terminate a vehicle pursuit if the risk to the public or fellow officers outweighs the risk posed if the suspect gets away.” However, too often police officers do not respect this policy and engage in reckless police pursuits that result in dangerous accidents, seriously injuring or killing civilians.

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Personal Injury Lawyer Ben RubinowitzOur managing partner Ben Rubinowitz, is a renown trial lawyer who has obtained many of the largest verdicts in New York State history. He was interviewed by Brian Lee, a litigation reporter for the New York Law Journal about a recent report by Marathon Strategies that puts New York State as the 10th state with the highest total number of  what they call “nuclear” and “thermonuclear verdicts”. The report identifies “nuclear verdicts” as verdicts of $10 million and above and “thermonuclear verdicts” as  verdicts of $100 million and above. According to their findings the number of verdicts against corporations in the US doubled between 2020 and 2022 with the median “nuclear verdict”  increasing from $21.5 million in 2020 to $41.1 million in 2022.

The report indicates that corporations facing trial in New York are more likely to be hit by “thermonuclear verdicts” than in any other State. While at federal level two extraordinary verdicts account for most of the total of the large verdicts ($956 million in the fraud matter Liberty Media Corp. v. Vivendi Universal in 2012 and $253 million in the employment case Velez v. Novartis Corp. in 2010), verdicts  in New York State courts were lower. The report indicates that 42% of  the State verdicts above $10 million were cases related to product liability (such as asbestos cases), worker/workplace negligence and construction accidents. In regards to the last category the report points out that many of the large construction cases are related to the New York Labor Law 240 or “Scaffolding Law” which render employers strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated work sites. With falls remaining the number one cause of death in the New York construction industry, the “scaffolding law” has proven instrumental in assuring that  employers are providing the necessary fall safety equipment to their workers and making sure that they are always using it while working at heights.

Ben Rubinowitz sees the report as a “lobbying vehicle for insurance companies that don’t want to pay claims while raising the average consumers’ premiums”. Among the recent jury verdicts obtained by Ben was a $59 million verdict for Alonzo Yanes, a high School student who suffered catastrophic burn injuries in a botched science experimentation. Alonzo underwentmore than 100 surgeries and will remain disfigured for the rest of his life. While Judge Alexander Tisch considered the verdict appropriate, the final award was reduced to $29 million by the Appellate Division, First Department in 2021.

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Mermaid Ave where the mother and son were struck by a hit and run driverSeveral  people were seriously injured or died in car accidents in New York City this last week-end. 2 pedestrians died. One cyclist was critically injured. Another pedestrian suffered serious injury and one motorist suffered minor injuries, all caused by reckless driving.

Young mother killed by drunk driver

The carnage started on Friday night with the death of a 23 year old pedestrian, identified as Tecinna Bahadur. The young mother was killed by a drunk driver on on the Van Wyck Expressway Service Road near 107th Avenue in Jamaica, Queens. The driver who killed her was identified as 41 year old Athony Ramjit. He was arrested by the police and charged with DWI  (read more in 1010 WINS).

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