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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child head injuryA   U.S. Consumer Product Safety Commission (CPSC) analysis looking at personal injury during the coronavirus pandemic shows that while globally less Americans checked in at the emergency room for product related injuries during the pandemic, the number of severe cases remained mostly stable.   As emergency rooms were overwhelmed with Covid19 patients, Americans who suffered minor injuries opted not to visit the ER. As a result ER treatments for minor product-related injuries decreased by 24%. Visits for severe product related injuries only decreased by 1%.

Less children injuries at school but more injuries at home and outdoors

While school accident injuries dropped by 81 % due to remote learning, accidents at home and in outdoor environment increased. Skateboard, scooter and hoverboard injuries went up 39% with kids age 5 to 9 being the most vulnerable. In this age category,  these type of injuries recorded a 143% increase. While these activities are good options to play alone outdoors and avoid getting Covid-19, they can be quite dangerous, especially for beginners.

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Pedestrian and cyclist injuries and fatalities were lower than usual last February and so were motorcyclist, bus and truck accidents.

Traffic Accident injuries reached a record low in New York City in January and February. While February car accident injuries always reach a yearly low, the number of NYC car accident injuries was at its lowest since Vision Zero started. 2,503 people were injured in traffic accidents in New York City compared to 3,028 a month earlier and 4,006 in February 2020. The number of traffic accident injuries mostly dropped over the last 12 months because of the Covid19 crisis that affected the City and slow down activities. (click on graphs for full sizes)

Traffic Accident Injuries NYC February 2021
Motor vehicle accident injuries in NYC in February 2021 by category
After reaching annual record highs over the summer of 2020, the number of New York auto accident deaths also declined and stabilized to numbers somewhat similar to previous years despite the slowdown. 10 people died in traffic accidents last February compared to 13 in January and 17 in February 2020.  Since Vision Zero was launched in 2014, the number of traffic accident fatalities in February has been oscillating between 17 and 10 with 10 last month being the lowest. Fatalities were mostly pedestrian fatalities.

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gairgair_fbOur New York Personal Injury Law Firm is proud to announce that the following 8 lawyers have been been named 2021 New York Metro Super Lawyers:

  • Marijo Adimey for the 6th consecutive year
  • Jeffrey Bloom for the 16th consecutive year. Jeffrey was also selected for the 2021 New York Metro Super Lawyers Top 100 list
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Intentional header and head injuriesTraumatic Brain Injuries sustained by young athletes while playing football has been the subject of multiple research while less attention has been given to other high school sports such as lacrosse, soccer, basketball and field hockey. Additionally research mostly concentrated on head impact and head injuries sustained by boys.

In  “Sport- and Gender-Based Differences in Head Impact Exposure and Mechanism in High School Sports”, a recent study published in the Orthopedic Journal of Sport Medicine, several researchers at the Center for Injury Research & Prevention of the Children’s Hospital of Philadelphia tracked head impact injuries of male and female players in soccer, lacrosse, basketball and field hockey (girls only.) Researchers equipped each player under study with headband impact sensors and filmed each impact to make sure it was not a fake signal sent to the sensor such as a player dropping the sensor on the ground.

While not every head impact results in traumatic brain injury, researchers are concerned that repetitive head impacts, even light and not diagnosed as injury might be linked with short-term cognitive deficits. Therefore this study might help understand how head impacts could be reduced in these popular high school sports.

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It is very disappointing to see how some motorists in NYC have so little concern about pedestrian safety. In the video below, a man driving a pick up truck makes a right turn without yielding to an elderly pedestrian in Brooklyn, knocking him down to the ground and just continuing on his way as if nothing happened.  The police are now looking for him.

location of the Boulevard of Death accidentAnother pedestrian recently died from the injuries he sustained in a similar accident.  Last Friday afternoon , 55 year old Jaipaul Persaud was crossing Queens Boulevard, also nicknamed “Boulevard of Death”, when a motorist making a left turn off 84th Drive onto Queens Boulevard fatally struck him (see location of the accident on Google map picture to the left). The pedestrian was in the crosswalk with the light in his favor. The 33 year old woman who struck him also travelled at the green light but was supposed to yield to pedestrians while making her left turn. The impact was so intense that Persaud who was hit by the front bumper of the car, flew onto the windshield and then crashed down on the street. Persaud was rushed to the emergency room but he died from his injuries on Sunday. The driver stayed at the scene of the accident and so far has not been charged (read more in the Daily News and in the LIC Post )

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NYC Medical Malpractice Attorney Jeff BloomCongratulations to our partner Jeffrey Bloom for being ranked 19th on the City & State list of the 100 most powerful legal professionals in New York! Jeffrey joined Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf immediately after he graduated from  law school in 1979. He became one of the most prominent personal injury and medical malpractice attorneys in New York and has achieved multi-million dollar verdicts and settlements for his clients in personal injury cases related to car accidents, construction accidents, product liability and medical malpractice.  He also served as lead counsel, representing the Estate of Joan Rivers in a medical malpractice action arising from her death following surgery at an ambulatory surgical center.

Jeff is  co-chair of the Medical Malpractice Committee and LAWPAC of New York (the influential Trial Lawyers’ political action committee) for the New York State Trial Lawyers Association. He combines his vast knowledge in the field with his political acumen to effectuate change and preserve justice for those injured through the fault of others.  Jeff who has successfully represented multiple clients whose cancer was misdiagnosed, was instrumental in passing the “Lavern’s Law,” which mandated that the statute of limitations in cases on behalf of cancer patients and their families begins to run when the patient reasonably discovers that he/she has been the victim of malpractice.

For more than a decade, Jeff has been listed yearly in Best Lawyers and Super Lawyers. He is also a member of the prestigious International Academy of Trial Lawyers which limits the number if its members to 500.

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e-scooter-4496668_640Electric scooters have become extremely popular and New York City finally is implementing a first e-scooter share program in the Bronx (see previous blog). The e-scooter wave started around 2017 and researchers have been accumulating data worldwide for a few years that are allowing them to provide pertinent reviews on the risk of accidents and injuries related to e-scooters.

Yesterday, the Injury Prevention online section of the BMJ Journals released “Injury patterns and circumstances associated with electric scooter collisions: a scoping review”, an in depth study on e-scooter collisions and the resulting injuries conducted by Manish Toofany  (Faculty of Medicine, The University of British Columbia in Vancouver, Canada), Sasha Mohsenian, (Faculty of Science, The University of British Columbia), Leona K Shum (Department of Emergency Medicine, Faculty of Medicine, The University of British Columbia) Herbert Chan and Jeffrey R. Brubacher (both part of the Department of Emergency Medicine, Faculty of Medicine The University of British Columbia and the Centre for Clinical Epidemiology & Evaluation (C2E2) in Vancouver).

The researchers were able to gather the materials that have been published worldwide about scooter collisions and their injuries during the previous years  to identify injury patterns such as cause, type, body location, and severity of the injury

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NYC DOT scooter pilotThe NYC DOT recently announced that a new scooter pilot program is on the way but did not elaborate much as what will be done to prevent accidents and make the rides safe for users. In a recent press conference, the new DOT commissioner, Hank Gutman, just promised new dedicated bike lanes in the East Bronx to make the rides safer for scooter users and cyclists.

While it is exciting that commuters who have a long way to get to the closest train station can now benefit from such programs, it is important that these commuters can do so safely. Street safety activists believe that while encouraging New Yorkers not to use a car, the NYC DOT has been lagging behind in keeping cyclists and scooter users safe. Last year a record  number of people were killed or injured in bicycle accidents.

Scooter-share programs have now been launched in many cities all over the word. Every state has different regulations when it comes to safety  but they are not standardized like they are in some European countries. For example in Italy, a law requires all users of recreational scooters to use a helmet to reduce head injuries which are quite common in scooter accidents.

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location of the van accidentSeven pedestrians including two children were injured in a wild car accident in Manhattan last week. The accident took place on the Upper East Side, on March 5th, a little before 9:00 am. The 66 year old driver of a van lost control of his vehicle, striking a car on Second Avenue between 50th and 51st Street. The car went flying into the dining shed of Crave Fishbar, totally destroying it, while the van struck a food stand, a scaffolding structure and a traffic light post. Because it was early morning, the dining shed was empty however two young pedestrians, one 5 year old and one 7 year old, were injured by flying debris from the dining shack. The owner of the fruit stand as well 3 other pedestrians were also injured when the van crashed. The occupants of the car were the most seriously injured however none of the injuries were life threatening.

The driver of the van might have suffered a medical episode according to some media or might have been driving while intoxicated according to other media. The investigation is still ongoing. He was identified as 66 year old Noman Ahmed, a delivery driver for the Long Island based company Mega Elevator Parts. According to the Gothamist, the driver has been working with  the company for 20 years and never had any other incident.

https://www.youtube.com/watch?v=0W9jMmQxeOI

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In 2020, New York saw a record high in motorist (driver) deaths and bicycle injuries and deaths, a record low in pedestrian deaths and a much lower number of truck and bus accidents than usual. The Covid 19 crisis that lasted during most of 2020 had a significant impact on New Yorkers commuting habits around the city. Emptier streets have lead to reckless driving and as a result more deaths related to speed. A surge in bicycle accident injuries was also recorded as many New Yorkers are now using bicycles instead of riding the subway.

Surge in traffic accident deaths in NYC

Despite a slowdown in activity in the city , 239 people died in traffic accidents in New York City, compared to 214 in 2019, 199 in 2018, 209 in 2017, 223 in 2016, 235 in 2015, 250 in 2014 and 286 in 2013. The number of car accident deaths was almost back to the level it was when the Vision Zero program started. If it was not for a significant decrease in pedestrian deaths, the number of fatalities would have been over this level with all other categories of road users reaching record high number of fatalities.