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 Wrongful Death

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NSC35,400 people died and 4.3 million people suffered personal injury that required medical attention last year on American roads according to preliminary statistics from the National Safety Council (NSC). The number of crash fatalities is 0.5% higher than in 2013 however because 2014 was a year of economical expansion during which the estimated mileage on US roads increased 1.4%, the estimated annual mileage death rate was 1.18 deaths per 100 million vehicle miles traveled, a decrease of 1% from the 2013 rate. It is also the lowest NSC preliminary estimate ever recorded. The number of personal injuries that occurred during a crash in 2014 was unchanged.  Read more in Automotive Fleeet

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Dangerous IntersectionA tractor trailer fatally hit a young man who was crossing a street in the Bronx, NYC, Tuesday night. The truck accident happened around 10.20 pm. 20 year old Kenny Valette was crossing Webster Ave near E. 174 Street when he was struck by a large truck that was making a right turn from the Cross Bronx Expressway exit ramp. The drivers remained at the scene while Valette was transported to the hospital where he died from his injuries. Read more in the NY Daily News.

According to NYCcrashmapper.com, 1 pedestrian, 11 passengers and 3 vehicle drivers suffered personal injury in 29 collisions that took place  at the intersection of East 174 street and Webster Ave between August 2011 and February 2014. As shown in the Heat map this intersection is very dangerous.

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oxy Elite dangerous productThe FDA is asking consumers to stop using the weight loss product  Oxy Elite Pro Super Thermogenic after the agency found  that the product was tainted with fluoxetine, a potential harmful class of drugs called serotonin reuptake inhibitors (SSRIs). When used without doctor supervision, SSRIs can have serious side effects such as sucidal thougts, abnormal bleeding and seizure. SSRIS use can be deadly and result in ventricular arrhythmia or sudden death when mixed with other medications such as aspirin, ibuprofen, or other drugs for depression, anxiety, bipolar disorder, blood clots, chemotherapy, heart conditions, and psychosis. Read more in the FDA press release

It is not the first time that the FDA has discovered hidden ingredients in Oxy Elite Pro.  In october 2013, 1 person died and 11 suffered serious personal injury and had to be hospitalized for liver failure in Hawaii after they used Oxy Elite Pro. The product was subsequently pulled from shelves nationwide. (see previous blog)

 

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10 pedestrians died and 1220 suffered personal injury  in traffic accidents last December bringing the total number of pedestrian deaths to 135  in 2014 compared to 168 in 2013 and 130 in 2014 according to car crashes data recently released by the NYPD.  The total number of pedestrians injured in vehicle accidents for 2014 was 11,000 compared to 11,978 the previous year, a decline of 8%. While pedestrian deaths are back around the level of 2012,  deaths as a result of a bicycle accident increased by 73% with 19 fatal bicycle accidents in 2014 compared to 11 in 2013. The number of people injured in a bicycle accident decreased by 2% with 3960 cyclists injured in 2014 compared to 4043 in 2014.

Globally New York City roads were less dangerous in 2014 than in 2013 with a total of 250 people dying in crashes in 2014 compared to 286 in 2013 – a decline of 12% – and 50,896 road users suffering personal injury in 2014 compared to 54,818 in 2013 – a decline of 7%.

new york traffic accident deaths 2013 2014new york traffic accident personal injuries 2013 2014
Even though pedestrian deaths and injuries decreased in 2014, the number of pedestrians suffering personal injury in a vehicle accident was above 1200 in December, the highest monthly number for the last two years. Monthly pedestrian deaths never went over 15 in 2014, an improvement compared to 2013, a year during which the monthly number of deaths jumped to 25 in November and 20 in January.

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A preliminary report related to the accident between a northbound Metro-North Railroad passenger train and  a 2011 Mercedes Benz ML350 sports utility vehicle (SUV) that killed six people in Valhalla, NY was published a few days ago by the National Transportation Safety Board (NTSB). The accident happened on February 3rd 2015 . The report indicates that witnesses saw the SUV stopped on the railroad crossing before the gate went down. As the gate lowered it fell on the back of the car. The driver exited the car, looked at the back and went back in the car. She then proceeded to drive forward when she was struck by the train. The driver of the train operated the emergency brake 300 feet before the collision and hit the SUV at a speed of 49mph. As the train and the car continued to travel northbound, a dozen large pieces of the electrified third rail detached, piercing the SUV, tearing into the first passenger car in two locations and setting it on fire.  The preliminary report doesn’t provide any information on how and why the third rail pieces were able to detach.  Furthermore according to the NTSB the warning lights, alarms and gate arms were functioning however the accident  has prompted new attention to the safety of such crossings around the New York City region. Read more in the New York Times

 

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Investigators in a  car accident that resulted in the death of 27 year old Pamela Pimentel determined that when Hernan Vega crashed into the victim’s cab he was driving at a speed of 107 mph in a street in the Bronx, NYC. Additionally a blood exam showed that the driver’s alcohol level was .14 and that he was also high on marijuana and ketamine a powerful animal tranquilizer. In a pretrial hearing, Vega was slapped with two counts of second-degree vehicular manslaughter, criminally negligent homicide and two counts of operating a motor vehicle under the influence of alcohol. Read more in the NY Daily News

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A woman in her 2o’s was crossing the street at the intersection of 76th Street and Woodisde in Queens, New York City, on Sunday night when she was struck and killed by  the driver of a box truck. The driver of the truck hit the victim as he was turning onto Woodside Avenue but he didn’t stop. He drove away leaving the woman to die in the street. A witness at the scene followed the box truck for a few blocks, stopped the driver and managed to hold him until the police arrived. The police arrested the driver, 27 year old Valentine Gonzalez and  charged him with leaving the scene of an accident resulting in death and driving without a license. Earlier in the day in Queens another woman was struck by a hit and run driver (see previous post)

Read more on ABC7 website

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A 27 year old driver struck and killed an 83 year old pedestrian last Thursday night in Brooklyn, NYC.  Isaak Trakhtenberg was trying to cross busy Pennsylvania Ave between Two Pines and Shroeders. He had already made it to the middle of the avenue and was standing on a concrete median that divides the southbound and the northbound lanes.  He was hit by the car of the young driver as he stepped in the southbound lane. The driver stayed at the scene and wasn’t charged. The pedestrian was taken to the hospital where he died.

Pennsylvannia Ave

Picture source: Google

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truck rear ends carNew technologies that can help prevent truck accidents such as  forward collision avoidance and mitigation braking (F-CAM) systems should be mandatory on all new big trucks and buses according to The Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety and Road Safe America. These four lobbyists have sent a joint petition to the National Highway Traffic Safety Administration to ask the agency to start working on a regulation that would require manufacturers of big trucks and buses to equip all their new vehicles with forward collision avoidance and mitigation braking systems (F-CAM).  When a truck or a bus  is equipped with a Forward Collision Warning System, the driver is warned by a signal that he is getting too close to a “target” in front of him and if he doesn’t react, the Collision Mitigation Braking (CMB) will automatically apply the brakes  to reduce the impact speed or prevent the collision. The F-Cam system integrates both these technologies. This system has been studied by the NHTSA for a decade now. More recently the NHTSA also published a complete evaluation of the installation of F-Cam system on medium to heavy commercial vehicles that shows the benefits of such a system.

According the the most recent statistics, more than 100,000 people suffer personal injury in truck accidents and close to 4000 of them are dying every year. A large portion of these crashes are rear-end crashes in which the large truck is the striking vehicle that crashed into another vehicle on the roadway.  While every new manufacturer is proposing the F-Cam system on their new new trucks, only 3 % of the trucks on the road are equipped with it. Making this equipment mandatory seems to be the only way to achieve widespread implementation.  Download a PDF of the Petition for Rulemaking

 

 

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Medical negligence by doctors or medical staff who do not respect cleaning procedures or fail to discard contaminated implements are often the reason why hospital patients are getting infected by contaminated instruments.  Yesterday, UCLA Medical Center announced that 179 patients may have been infected by the super-bug bacteria carbapenem-resistant Enterobacteriaceae (CRE) transmitted by two infected endoscopes during diagnosis and treatment of pancreatic and bile duct problems. The hospital also said that two patients died of complications related to this issue. Outbreaks of CRE and other superbugs are a major issue among hospitals in the USA and all over the world. A recent study  found that if the rampant spread of super-bugs wasn’t halted it could kill up to 10 million people a year worldwide and cost $100 trillion. Read more in the New York Daily News

 

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