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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In New York  City’s heavy traffic, bicyclists who are commuting to work are facing the risk of being injured or dying in a bicycle accident. As part of the Vision Zero initiative, Mayor Bill de Blasio wants to make New York City a friendly city for bike commuters. Protected bike lanes have proven to be one of the best ways to protect bicyclist from injury or death by negligent car drivers. Unlike regular bike lanes, that are often blocked by cars, protected bike lanes physically separate car traffic and bicycles with concrete, trees or parking lanes.

In 2016 the DOT will implement 15 miles of these types of bike lanes in the City. Last year 12 miles were added. Among this year’s projects, the DOT has work planned and in progress in the following areas of the city’s five boroughs:

  • In the Bronx: using excess roadway space on the accident prone area of Bruckner Boulevard between Hunts Point and Longwood Ave to create a protected bike lane (read more on Streetblog and download DOT PDF here )Protected bike lane Bruckner Blvd
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Bicycle accidents injuries deaths NYC February 2016Bicycle accidents in New York have been on the rise in recent years and so have the number of people injured or killed in these accidents. Commuting by bike has become quite popular among New Yorkers but it remains quite dangerous mostly because car drivers are driving negligently.

Despite new Vision Zero safety measures such as street re-design and the addition of miles of protected bike lanes the biggest danger bicyclists are facing in the city are negligent car drivers. To raise awareness about the danger that commuters are  facing while using their bicycle to go to work, Jake Dobkin from the Gothamist has asked several colleagues who use their bikes for their daily commute to film their ride.

Jack Dobkin commutes daily between Park Slop and Dumbo in Brooklyn and he is using his bicycle to go to work as well. In Episode One of this series, Jack shows his own daily bicycle ride to the office. Jack says that he’d rather ride one more mile on each commute to avoid using Jay Street which is one of the most dangerous street for bikers in NYC (if you want to understand why check the video clip on our( NYC bicycle accident lawyer page).

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High School AthletesWhile a lot of emphasis has been recently put on protecting professional and college athletes from suffering serious injuries and their long term consequences, very little is done on a national scale to protect high school athletes. In a recent article in the Health section of the New York Times Jane E. Brody points out that there are still no national guidelines or rules protecting high school athletes and that it is the responsibility of the states and the schools to protect them. Unfortunately most states and schools are lagging behind in implementing serious safety measures. Last year in the US 50 high school athletes died while playing organized school or league sports and thousands of them suffered long term complications from sports related injuries.

Cardiac arrest, head and neck injuries as well as exertion are the most common causes of death among high school athletes. The author indicates that many of these deaths could have been prevented if the high school had:

  • an emergency action plan
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spinal cord injuryThe medical practice of trying to avoid scar formation at the site of a spinal cord injury may indeed not be correct. Every year approximately 12,500 American will suffer a spinal cord injury and an estimated 276,000 people in the US are suffering from long term effects related to this injury. For decades the prevailing medical dogma was that that scars were preventing neuronal regrowth across the injured area but a newly released study says it is actually the opposite that happens. Scar forming cells called astrocytes may actually help nerve regrowth.  A study recently published in Nature and authored by  Mark A. Anderson, Joshua E. Burda, Yilong Ren, Yan Ao, Timothy M. O’Shea, Riki Kawaguchi, Giovanni Coppola, Baljit S. Khakh, Timothy J. Deming & Michael V. Sofroniew found that   “scars may be a bridge and not a barrier towards developing better treatments for paralyzing spinal cord injuries.”

Read more in Medical News Today

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A few days after a DOI investigation revealed that NYCHA knew about faulty elevators that killed a resident and injured another, the NYC Housing Authority announced that Ken Buny, the head of the elevator division was fired. Five NYCHA employees who failed to communicate that the elevators were malfunctioning were also reassigned. They are all facing disciplinary charges that could also result in firing. (Read more in the NY Daily News)

The investigation revealed that NYCHA knew about the faulty elevator before the fatal accident happened but because of a communications  breakdown nobody went to fix it.  On December 24 2015, the NYCHA’s Customer Contact Center (“CCC”) received a phone call from a resident at the  NYCHA’s Boston Road Plaza senior building in the Bronx to inform them about a very dangerous malfunctioning elevator. NYCHA didn’t take immediate action to put the elevator out of service. An hour and half  later, 84 year old Olegario Pabon was critically injured when the elevator drifted upward as he was trying to get in. He died 3 days later from his injuries.  The investigation also found that the NYCHA senior management learned about the accident four days later. Another man was seriously injured in a similar accident that happened in another NYCHA building less than a month before.

In both accidents, the DOI found that brake monitors that should have automatically shut down the elevators were not functioning. After this discovery the DOI checked the 1,080 NYCHA elevators equipped with brake monitors and found that 80 (more than 7%) of them were not functioning.

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safety culture constructionConstruction workers have a high risk of getting injured or even dying in an accident while at work. Construction accidents often happen when negligent contractors try to save time or money and put profit ahead of their own workers safety. A new study looking at safety practices among contractors shows that increased safety on construction sites indeed increases Return on Investment (ROI) and attracts and retains more talented hard hats. The recently released study “Building a Safety Culture SmartMarket Report” was produced by the Center for Construction Research and Training (CPWR) and United Rental, a construction equipment rental company.

For the study, Dodge Data & Analytics analyzed 254 American contractors using 33 indicators of safety culture in the construction industry. They found that approximately one third of the contractors were promoting a high safety culture standard in their day to day business and were investing heavily in safety management practices. Another third were somewhat promoting safety culture in their company. The last third were contractors who didn’t have much interest about safety culture and didn’t invest much in it.

The study shows that contractors who invested the most in workers safety reported less injuries, improved their projects quality, increased their projects ROI, had a lower staff turnover and were able to attract staff more easily than contractors who didn’t invest in workers safety.

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A female pedestrian was critically injured after being hit by a school bus in New York City. The bus accident happened Monday morning around 9:20 am in Queens. The 32 year old woman was crossing Grand Ave near 74th street when she was struck by a yellow school bus. No children were on board. The woman suffered head trauma and a broken shoulder. She was transported to the hospital where she was listed in critical condition.  There is no cross walk at the intersection of 74th Street and Grand Ave, making it a dangerous intersection for pedestrians.

pedestrian accident location

picture source: Google Map

 

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Daniel+Pollack-1To avoid children being injured, re-traumatized and abused again it is important that potential adoptive and foster parents be proprely vetted. A proper vetting doesn’t only mean criminal background check identity verification, employment history, character, and residency but also going through the life history of each parent and make sure the information they provided is accurate and complete. In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City explains what prospective adoptive or foster parents should expect during the vetting process. The complete article can be downloaded here

In another short article, Daniel Pollack looks at informal parenting. For various reasons some children are being raised by caregivers who are not the parents. Caregivers can be relatives or friends of the parents. Most of the time no lawyers or legal documents are signed between the parents and the caregivers. It is based on a trust relationship. However in some specific cases informal parenting arrangements may need approval from the State. The article discusses these specific cases and can be downloaded here.

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A woman was seriously injured in a car accident early Sunday morning. The accident happened in Norwood, Bronx, NYC. The woman collided with another car as she was turning on the Mosholu Parkway near Webster Ave. Rescuers had to remove the door of the car in order to save her. She was sent to the hospital in critical condition. The driver of the other car was also injured and transported to the hospital.

During the same day, a yellow cab went through a red light and hit another car. The impact sent one of the vehicles careening into a man who was crossing the street in a motorized wheelchair. The accident happened at the intersection of  103rd Street and Broadway in the Upper West Side. The man on the wheelchair flew into the air. He was inured but remained conscious.

Read more in the NY Daily News 

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21 year old Michael Messina was critically injured after being hit by a car in NYC early this morning. The young man was riding a scooter on Cooper Ave near 73rd Place in Glendale, Queens  around 3:45 am when a car traveling in the opposite direction veered into his lane and hit him.. The car then caught fire but the driver was able to escape safely. Messina was transported to the hospital in critical condition. The driver stayed at the scene of the accident where he was tested for alcohol. The breathalyzer showed 0.71 which is just below the legal limit of 0.8.  Read more in the NY Daily News

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