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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So many New Yorkers have been injured or died in traffic accidents on Queens Boulevard that it has been nicknamed the “Boulevard of Death”. Fixing and redesigning Queens Boulevard to make it safer was one of the priorities of the Vision Zero program launched in 2014.  The plan to redesign the boulevard was approved and launched in 2015. While part of the boulevard has been redesigned, a whole area from Yellow Stone Boulevard to Union Turnpike that has a dangerous records of accidents was never addressed. As the mayor’s office wouldn’t update residents as to when the project would be finished, safety advocates held a rally on Sunday pressing de Blasio to complete its work in one of the most deadly areas in the city. Residents feel like they have been lied to and abandoned said a mother who lost her son after he was hit by a truck in this dangerous segment of Queens Boulevard. The redesign of Queens Boulevard between Yellow Stone Boulevard and Union Turnpike includes the addition of a protected bike lane and safety features for pedestrians. In the areas of Queens Boulevard that were redesigned, 3 people died in traffic accidents since 2015 compared to up to 25 people per year before the redesign. Pedestrian accidents decreased by 55% and pedestrian injuries by 63%.

Corruption claims

Not everybody is in favor of the redesign and according to an article in NY Streetblog, activists are claiming that Mayor de Blasio made a secret deal with a Queens council member to stop the completion of the protected bike lane. Activists and Council member Jimmy Van Brammer are alleging that Council Member Karen Koslowitz signed a secret pact with de Blasio that she would vote for his proposal to close Rikers Island if he would put a stop to the redesign of the Boulevard of Death.

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The number of traffic accidents in NYC recorded by the NYPD in August was the lowest recorded during the month of August since 2013. It is a “good surprise” since NYC traffic accidents have been on a steady rise over the last years. However while the number of accidents significantly declined from 19,272 in August 2018  to 16,954, in August 2019 the number of people injured in these accidents barely declined from 5,373 to 5,366 and the number of fatalities increased from 16 to 21. The ratio of injuries compared to the number of accidents reached a record high of 32% compared to 28% the same month a year earlier. The ratio of deaths compared to the number of accidents was also at a record high indicating that the streets of New York City are getting more dangerous.

Traffic Accident Injuries and Deaths August 2019 NYC

Record number of bicycle accident fatalities since the beginning of the year

632 bicycle accidents were reported in New York City last August compared to respectively 669, 606, 694, 707, 646 and 655 in August 2018, 2017, 2016, 2015, 2014 and 2013. While the number of bicycle accidents in August slightly declined from 2018 to 2019, the number of injuries slightly increased. 468 people were injured while bicycling in the city in August compared to respectively 430, 477, 567, 565, 491 and 523 in August 2018, 2017, 2016, 2015, 2014 and 2013. 1 cyclist died in August bringing the total number of bicycle accident fatalities recorded by the NYPD since the beginning of the year to 18 compared to respectively 8, 12, 16, 11, 15 and 7 for the same period of 2018, 2017, 2016, 2015, 2014 and 2013. While last year the number of bicycle accident fatalities reached its lowest since Vision Zero started, the opposite occurred this year with a record number of bicycle accident fatalities.  While the de Blasio administration has been encouraging New Yorkers to commute by bike, these recent fatalities are a reminder that NYC streets remain dangerous for bicyclists.  The August victim was 52 year old Jose Alzorritz. Alzorritz was waiting at the red light when a driver ran the red light, collided with another vehicle that slid through the road and killed the cyclist. Another e-biker was killed in August but the NYPD categorize e-bike accidents as motorcycle accidents.

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Construction_WorkersMuskuloskeletal Disorders or MSDs are soft tissue injuries that affect many construction workers. Globally MSDs are the largest category of workplace injuries and account for 30% of all US worker’s compensation costs. MSDs affect all the parts of the body that are responsible for movements such as the muscles, the tendons, the nerves, the ligaments, the disks or the blood vessels. They are the result of sudden or repetitive motions, forces or awkward positions.

Due to the nature of their activity, construction workers are among the workers who are the most at risk of suffering from MSDs with the most common cause being overexertion from activities such as pushing, pulling, holding carrying and catching as well as lifting and lowering. In its quarterly report the Center for Construction Research and Training provides an in-depth analysis of  MSDs in the American construction industry.

In 2017, 19,690 WMSDs injuries resulted in days away from  work in the construction industry with the most common injuries being sprains, strains and tears. Back injuries were the most predominant, followed by lower and upper extremities. Age is a main factor in muskuloskeletal disorders and the older a construction worker is the higher the risk is that he might suffer from WMSDs resulting in days away from work.

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leave raking can lead to injuriesSummer is over, the trees are changing colors, the kids are back to school and the weather is getting colder and wetter.

The change of season also affects doctor offices and emergency rooms where typical summer injuries such as injuries related to water activities or burns from BBQ are slowing down and autumn injuries are increasing.

While in the city most people do not have a private yard, most people living in Upstate New York or in New York City suburbs ares starting to rake leaves around their house. While raking leaves might be perceived as a fun autumnal activity it can also lead to serious injuries. In the US 76,000 people are injured every year while raking leaves or using manual garden tools related to this activity. Many of these injuries include back strains or wrist strains due to the repetitive movements of raking.

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location of the car accidentAn 18 year old girl driving a red Camaro ran a red light and was T-boned by a by a Chrysler minivan that had the green light, injuring passengers in both cars as well as  a pedestrian.

The car accident took place on Monday afternoon around 2:30 pm at the intersection of 54th Street and 4th Avenue in Sunset Park in Brooklyn, NYC.  5 teenage girls were riding in the Camaro and a man and his 5-year-old son were inside the minivan.  A female pedestrian in her 40ies who was crossing the street was also hit by the Camaro. Another car, a Honda Pilot was damaged in the crash.

The pedestrian suffered serious injury and was transported to the hospital. The father and his son as well as one of the teens aboard the Camaro were also transported to the hospital with minor injuries.

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rubinowitz_torganIn their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Lawyers Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper discuss time tested ways to cross examine experts to achieve successful results at trial. Examples from recent trials are used to help illustrate the points. Each of these techniques have been used by the authors to develop powerful arguments for summation and assist in bringing home a successful verdict.

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One construction worker died on the job in New York City in June bringing the total of deaths to 5 for the first half of 2019 compared to respectively 6, 2, 5 and 6 for the first semester of 2018, 2017, 2016 and 2015. The June fatality occurred in Manhattan. 4 of the 5 fatalities on NYC construction sites occurred in Manhattan and the other one in Brooklyn during this first semester. No deaths were recorded in the Bronx, Queens or Staten Island construction sites during the first six months of the year.June 2019 fatalities on NYC construction sites

A total of 4 construction accident fatalities were recorded in Manhattan during the first semester of 2019 compared to respectively 2, 1, 3 and 3 during the first semesters of 2018, 2017, 2016 and 2015. This last semester was the deadliest in Manhattan since 2015.

Manhattan Construction worker fatalities June 2019
One hard hat died in Brooklyn during the first semester of 2019 compared to respectively 1, 1, 1 and 2 during the first semesters of 2018, 2017, 2016 and 2015.

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FDNY_Haz-TecCity drivers were determined to be at fault in 3,357 motor vehicle crashes in New York City during the last fiscal year that covers the July 2018 to June 2019 period. This number is up by 10 compared to the previous year and despite a diminution of the city vehicle fleet from 31,002 to 30,755.

827 people were injured and 4 died in these accidents compared to respectively 763 and 2 during the previous fiscal year.

The city vehicle involved in the highest amount of crashes were the FDNY vehicles with 10.1 accidents per 100,000 miles traveled followed by Sanitation (7.6), Parks (4.7) and the NYPD (4.4).

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Lead poisoning can cause lifetime injuries especially when it affects unborn children, babies or toddlers. Damage to the brain and the nervous system leading to compartmental behavior issues such as irritability, hyperactivity or inattentiveness, learning and reading disorders, delayed gross and hearing loss are among the most common consequences of lead poisoning. Lead paint in housing was banned in the early 70ies and in New York City, The City’s Childhood Lead Poisoning Prevention Act (Local Law 1 of 2004) requires landlords to check their propriety for lead and take necessary action to remove it if the building was built before 1960 (or if the owner knows lead paint was used between 1960 and 1978 and if children below the age of 6 live in their property).  The plan of the city was to eliminate lead poisoning by the year 2010 but a report by the New York City Comptroller Scott Stringer found that between January 1, 2013 and October 10, 2018 alone, 26,027 children under the age of 18 tragically tested positive for elevated blood lead levels of 5 micro-grams per deciliter (5 mcg/dL) or greater. Furthermore the investigation found that the city knew about it and didn’t take any measures to protect these children.

The Department of Health and Mental Hygiene (DOHMH) received thousands of alarming blood results each of them with the name and the address of the children but the results where never shared with the the Department of Housing Preservation and Development (HPD) so they could proactively inspect the locations at risk and take the appropriate measures to address the dangerous situation. Instead HPD only deployed inspectors on locations after receiving complaints from residents.  The report shows that the city clearly missed its goal to eradicate childhood lead poisoning and protect children from the irreparable arm associated with lead exposure. While the City issued the LeadFreeNYC Plan in 2019, the report shows its complete failure  to leverage its own data related to lead exposure and utilize that data to precisely and methodically inspect buildings and areas most likely to pose a threat to children.

Read Report here

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Personal Injury Attorney Ben RubinowitzThis Friday, September 20,  Ben Rubinowitz will be lecturing for the New York State Trial Lawyers annual Decisions Program. Ben will be lecturing on trial practice and will be giving specific examples  from recent cases dealing with thorny evidentiary issues and up-to-date Case law. His lecture will discuss recent issues and holdings by trial and appellate courts. Ben’s lecture is one that has been viewed in the past as essential for any trial lawyer working on medical malpractice, products liability or general negligence cases.

The program will take place at the Hotel Pennsylvania located at 401 7th Avenue In Manhattan. For more information or to register click here

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