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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location of the reckless fatal accidentA devastating accident on Myrtle Avenue in Bedford-Stuyvesant serves as a harsh reminder of the life-threatening risks faced by construction workers who work hard to ensure our city’s development. On October 29, 2024, a 37-year-old construction flagger, Luis Mario Sangurima, lost his life after being struck by a driver recklessly navigating around a box truck. Sangurima was directing traffic near a construction site when he was hit by a speeding van that crossed into oncoming traffic, underscoring the perils that flaggers and construction site workers face daily on Brooklyn’s streets.

The driver, Clyde Mercury, reportedly attempted to bypass a slow-moving truck by veering into the opposite lane. This act of impatience led to a fatal outcome, with Mercury now facing charges of criminally negligent homicide, reckless endangerment, reckless driving, and failure to exercise due care. As Brooklyn personal injury attorneys, we see the dire consequences that arise when drivers ignore traffic rules and fail to respect construction zones. Tragedies like this are preventable when drivers are responsible and follow basic safety protocols around construction areas.

Construction zones, especially in busy urban areas like Brooklyn, require vigilant attention from both drivers and workers. Often, flaggers like Sangurima are the first line of defense for work crews, directing traffic to protect colleagues and pedestrians. By donning reflective gear and guiding vehicles past narrow lanes, they ensure the safety of everyone around the construction site. However, when drivers disregard these signals and attempt dangerous maneuvers, they put lives at risk.

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Amanda Servidio vigile invitationTonight, the family of Amanda Servedio, along with members of Bike and Brew, Families for Safe Streets, and Transportation Alternatives, will gather to honor Amanda’s memory with a vigil and ghost bike installation, followed by a memorial ride. Amanda, an avid cyclist and active Bike and Brew member, lost her life when a pickup truck, engaged in a high-speed police chase, collided with her as she rode her bike through Queens. This tragedy is part of a troubling pattern that has turned the 114th Precinct into an epicenter of reckless high-speed chases on residential streets.

In Queens, the 114th Precinct has seen 38 police chases this year alone—a staggering number for a largely residential area. These pursuits are often initiated on quiet neighborhood streets, placing lives like Amanda’s at extreme risk. The lack of regulation and accountability for these chases has created an epidemic of reckless endangerment in Astoria, where police should prioritize public safety, especially on streets heavily used by pedestrians and cyclists.

While the NYPD patrol guide dictates that officers terminate pursuits when the danger to the public outweighs the need for apprehension, these guidelines seem far from effectively enforced. Amanda’s death painfully underscores this issue—officers pursued a suspect with a staggering record of over 80 speed- and red-light violations, highlighting the systemic failures that allowed a known repeat offender to remain on the roads. The tragedy reflects a disregard for policies meant to protect lives, as the NYPD’s patrol guidelines about high-speed pursuits remain removed from public versions of the guide, further obscuring transparency.

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New York Police Chase Accident LawyerA tragic police chase in Astoria, Queens, on Tuesday night claimed the life of a cyclist when a driver, fleeing from NYPD officers, fatally struck her. The driver, who was attempting to evade arrest for burglary, was speeding along 34th Avenue before hitting the cyclist on 37th Avenue. This marks yet another fatality resulting from the surge in police chases under Mayor Adams’ administration, prompting concerns about the NYPD’s policies regarding high-speed pursuits.

As NYPD chase accident lawyers, we understand the devastating consequences of reckless pursuits in densely populated neighborhoods. In this case, the police pursuit resulted in not only the senseless death of a cyclist but also intense public outcry about the necessity and safety of such actions.

In New York City, where traffic is already chaotic, engaging in high-speed chases in residential areas is a recipe for disaster. The aftermath of this chase, in which the suspect continued to evade police while an innocent cyclist lost her life, raises the question: Was it worth it? As advocates for victims of road violence, we firmly believe that no property crime, such as burglary, should justify endangering lives in this manner.

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Nicholas Dominici died because of the daycare's reckless negligenceIn a tragic case that has shocked New York City, the husband of a Bronx day care owner, Felix Herrera Garcia, has been sentenced to 45 years in prison for his role in operating a fentanyl trafficking ring from a day care facility that led to the death of a 22-month-old child.

Herrera Garcia’s conviction follows a guilty plea to charges including conspiracy to distribute narcotics and possession with intent to distribute narcotics, resulting in death and serious bodily injury. His actions, along with those of his co-conspirators, turned a day care—a place where parents trust their children will be safe—into a deadly drug operation, with hidden fentanyl stashes beneath the very floors where children played, ate, and napped. The death of 22-month-old Nicholas Dominici (picture), and the injury of three other toddlers, illustrates the profound risks of fentanyl exposure, especially for young children.

The Fentanyl Crisis in New York: A Growing Concern

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intersection of Westchester and Commonwealth Avenues where the cyclist was fatally struck by the pick up truckA 66-year-old bicyclist was fatally struck by a pickup truck in the Bronx at the intersection of Westchester and Commonwealth Avenues on Saturday. Emergency Medical Services rushed the cyclist to Jacobi Medical Center, where he was tragically pronounced dead.

The driver of the pickup, a 24-year-old man, remained at the scene following the accident. While police have indicated that no criminality is suspected, it has been reported that the pickup truck lacked front plates, which raises potential legal concerns about vehicle compliance.

The Increasing Risks for Cyclists in NYC

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Intersection of Dekalb and Wyckoff where a pedestrian was killed by a Box truckMarco Gallardo Tirado, a 59-year-old retired Brooklyn home health aide, was fatally struck by a box truck in Bushwick while on his way to a doctor’s appointment. The accident occurred on DeKalb Avenue near Wyckoff Avenue around 9:35 a.m. on Friday morning. Sadly, Mr. Tirado’s life was cut short just blocks from Wyckoff Heights Medical Center, where he was rushed but could not be saved.

The driver, identified as Lennis Escalona Luna, did not stop at the scene but was later identified through his truck’s U.S. Department of Transportation number. He now faces charges of failure to yield to a pedestrian and failure to exercise due care. However, the emotional toll on Mr. Tirado’s family is immeasurable, as they mourn the loss of a kind and caring man who had simply been on his way to a routine checkup.

This incident is just one of several fatal truck accidents that have plagued New York City over the past few days, bringing increased urgency to the conversation around pedestrian safety. As truck traffic continues to rise in the city, especially in densely populated areas like Brooklyn, so too does the risk to pedestrians.

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16 year old Jahel Zihnin was killed in a truck accidentAs personal injury lawyers representing Queens victims, we are no strangers to the devastating impact that reckless drivers can have on families and communities. Recently, families in Queens have been calling for urgent action to protect children from the dangers posed by careless motorists. Yesterday, the group Families for Safe Streets, alongside lawmakers, gathered at IS-125 in Woodside to honor the lives of several young pedestrians who were tragically killed in traffic accidents, including 16-year-old Jael Zhinin (picture). She lost her life in a crosswalk, struck by a truck on the last day of class in June.

The grief and frustration felt by these families are not isolated. Many of our clients have experienced firsthand the sudden loss of a loved one or the long road to recovery after a serious accident. But the pain of losing a child, especially when they were simply walking in a crosswalk or standing on a sidewalk, is unimaginable.

Advocating for Change: Sammy’s Law

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construction workers must be protectedThe U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.

One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”

Targeting Serial Offenders

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Accident sceneLabor Day weekend was marred by a series of fatal collisions across New York City, resulting in the loss of six lives. These incidents highlight ongoing concerns about road safety in our city and the need for careful attention from all road users.

A Weekend of Fatal Collisions

The unfortunate events began on Thursday, August 29, when a 55-year-old  pedestrian identified as Jacqueline Healy of Jamestown was struck by a Ford pickup truck while crossing Cross Bay Boulevard at Pitkin Avenue in Ozone Park, Queens. The driver, Keith Ryan, 47, was arrested and charged with driving with a fake license.

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The WRONG WAY ENTRANCE To the Hudson Parkway taken by the driver of the pick up truckKirk Walker, a 38-year-old father of three, was tragically killed in a wrong-way crash on the Henry Hudson Parkway in Harlem, just one day before his wedding. Walker and his cousin, Rob McLaurin, were returning home from a bachelor party when their vehicle was struck head-on by a pickup truck driving the wrong way. Both men lost their lives in the collision.

The driver of the pickup truck fled the scene, leaving the victims’ families in shock and mourning. Authorities have since apprehended the passenger of the vehicle, who was found near the crash site with injuries, but the driver remains at large. The ongoing investigation focuses on identifying and apprehending the driver responsible for this fatal hit-and-run.

Walker’s fiancée, Shauntea Weaver, voiced her determination to seek justice, emphasizing the need for accountability. The impact of this event on their family is profound, as they were set to start a new chapter in their lives, and now, instead, they face the unimaginable task of coping with this loss.

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