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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ocation of the deadly crash in Staten IslandA woman died and 4 others suffered personal injury after a car crashed into an ambulance. The accident occurred last Friday morning around 6:30 am in Westerleigh, Staten Island, NYC.

The pedestrian was first  injured after being struck by a car as she was stepping out of her home

35 year old, Maria Martinez, a mother of two children had just stepped out of her home and was walking to the bus stop when she was struck by a car while crossing Jewett Avenue. The car was a Dodge charger and the driver remained at the location of the accident and was questioned by the police. So far he has not been charged. When the emergency team arrived with the ambulance at the location of the accident, they found the victim in critical condition. Paramedics quickly got her in the ambulance they were driving down Maine Avenue in the wrong way in an attempt to reach the hospital faster and save Maria’s life. Ambulances are authorized to do so when the life of someone is endangered.

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Glenwood road and Flatbush where the MTA accident occurredA MTA bus driver fatally struck a pedestrian in Brooklyn, NYC. The bus accident occurred at the intersection of Flatbush Ave and Glenwood Road in Flatbush around 6:15 PM last Thursday.

79 year old Loraine Hector was in the crosswalk when the MTA bus driver made a left turn and struck her. The bus driver remained at the scene of the accident and so far was has not been charged. Loraine Hector who lived 500 feet away from the accident scene suffered a severe head trauma. She was still alive when she was transported to the hospital but died later on from her injury.

According to the NYPD, the bus driver made a left turn from Flatbush Avenue onto Glenwood Road when he struck the victim. Read more in the Brooklyn Paper

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Granny road where the deadly crash occurredPolice are looking for a hit and run driver who struck two siblings, killing one and injuring the other in a car accident in Coram, NY. 

The crash occurred last Wednesday night around 7:30 pm on Granny Road near the intersection of Middle Island Road. Tyler Philips and Krystal Randolph, both 13 year old, were walking back home from the park. They were heading west in the bike lane when a motorist travelling in the same direction hit them. The car driver never stopped. The teenagers were walking in the bike lane because there were no sidewalks.

“Tyler is a hero” said his grieving mom

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Another cyclist was fatally struck by a tractor trailer in NYC on Wednesday. The tractor trailer was on a non truck route. The victim was identified as 25 year old Kala Santiago, a mother of 2 children, 2months and 1 and half year old. She was on her way to work and was riding her bicycle on Parkside Avenue near Parade Place in the vicinity of Prospect Park when the fatal accident occurred.

Truck driver blames the victim even though he failed to yield to her

So far the police did not charge  the truck driver who was identified as Saeed Ahmed. He told the police that the cyclist fell under his truck after she hit a vehicle parked on the side of the road. He also said he saw the cyclist in front of him and she seemed nervous. The driver also told Liam Quigley from the NY Daily News (see twitter post below) that he saw the cyclist and overtook her but stopped as soon as he saw she fell under the wheels of the truck.  Pictures of the accident seemed to indicate that Kala Santiago might have been crushed between a parked truck on the right side and the tractor trailer on her left side. Another surveillance video shows that the tractor trailer failed to yield to her and overpassed her with oncoming traffic in the other direction. As a result there was not enough space and the cyclist might have been crushed between the two trucks.

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A beloved and popular truck driver died and his customer suffered serious personal injury in a multiple vehicle crash caused by a drunk driver on the Long Island Expressway in Queens.

The accident occurred last Saturday night around 3:30 am. 47 year old Carlos Santiago (Campy), a tow truck driver working for Knights Towing and the father of 3 children, was sent on a call to help a stranded driver in a Nissan on the Long Island Expressway near exit 19 in Elmhurst, Queens.

Drunk driver responsible for chain collision that ended killing Campy and seriously injuring his customer

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car in bike lanes can cause deadly bicycle accidentsNew York cyclists are facing higher risk of getting injured or killed in accidents every time they have to go around vehicles parked in a bike lane.  To deter drivers from doing so, the city is proposing a new law that would allow citizen not only to report truck and cars parked in the bike lanes but also to get a percentage of the money the city will make by ticketing the offender.

New bill would pay back citizen $43.75 per vehicle reported to the DOT

A bill proposed by NYC councilman Lincoln Restler wants to use citizen enforcement to fight back against the multiple motor vehicles obstructing bike lanes. Bikers encountering violators would snap a picture of the vehicle and submit it to the department of transportation for review. If legit, the vehicle owner would then receive  a $175 ticket. The city would then give back 25% or $43.75 to the person who reported the violator.

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A reckless truck driver fatally struck a NYC pedestrian as he was in the crosswalk with the light in his favor. The truck accident occurred early morning  around 6:30 am on October 4th.

63 year old Benjamin  Berger was crossing the street at the intersection of Flushing Avenue and Bedford Avenue. He was in the crosswalk with the greenlight in his favor when a box truck turning left from Flushing Avenue onto Bedford Avenue literally rolled over him. A surveillance video posted by Williamsburg News shows the truck turning recklessly without slowing down and driving over the victim.  When  paramedics arrived at the scene of the accident they found the victim dead with severe body and head injuries. The man was living just a block away.

The driver was identified as 44 year old Torriez Bailey from Maryland. He was arrested by the police and charged with failure to use due care and failure to yield to a pedestrian.

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17 pedestrians, 4 cyclists, 14 passengers and 22 motorists died in auto accidents in NYC  during the two hottest months of the summer. Truck accidents were close to record highs while bus accidents were slightly lower than usual.

35 people died in car accidents in New York City in July and 22 in August for a total of 57 fatalities compared to respectively 51, 42, 39, 32, 43, 44, 41, 50 and 56 during the months of July and August 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013. The number of fatalities was even higher this summer than what it was during the summer of 2013 before Vision Zero started.

The month of July was particularly bad with a record 35 people dying during this month. The only time since 2013 that this number of people were killed in traffic accidents was in September 2020. Since the Covid19 crisis of 2020, traffic accidents fatalities have been much higher than what they were the years before. Among those who died in July were 11 pedestrians, 3 cyclists, 7 motor vehicle passengers and 14 motor vehicle operators. The number of motor vehicle operator deaths in July reached a level never seen since the beginning of Vision Zero except again in September 2020.

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MeFDA-logodtronic HeartWare Ventricular Assist Device (HVAD) device caused the wrongful death of more than 3,000 people since it was introduced on the market more than 10 years ago. The sale and distribution of the heart pump was stopped in June last year but many patients still have the pump implanted in them. Now some of the batteries powering the device might be deadly too.

Medtronic announced last May that a model of battery that was powering the Medtronic HeartWare Ventricular Assist Device (HVAD) was defective and that it could cause serious personal injury or death if it was not changed for a new battery. An urgent Medical Device Correction letter was sent out by Medtronic to all affected customers on May 5th  recalling 429 devices manufactured in April 2021. Then a month later, after the company received 1,159 complaints including 6  injuries and one death, the recall of the same model of batteries was extended to those that were distributed since January 2009.

The recall affects 23,372 Medtronic HVDA Batteries with model number 1650DE that were distributed between January 1st 2009 and now

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fall accident causesDespite strict safety regulations and awar

eness campaigns, falls remain the number one cause of death in the construction industry.

In an innovative study recently published by the Center for Construction Research and Planning (CPWR), the authors, Grace Barlet, Rosa Greenberg and Jessica Bunting tried to understand why, despite all the efforts, 353 construction workers died from fall in the US in 2020.

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