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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A 71 year old cyclist was fatally struck by a postal truck at the intersection of 86th Street and Central Park West in Manhattan, NYC.

Last Tuesday around 5:40 pm, Jeffrey Williamson, an avid cyclist, was commuting back from his work downtown to his house in the Upper West Side when a postal truck making a right turn from Central Park West onto the 86th Street traverse hit him. The cyclist, a marketing professional who was close to retirement, was in the bike lane when the truck struck him.

He was rushed to the hospital where he died a few hours later from body trauma. He leaves behind his wife, 68 year old Chris Brimer and two children.

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workers on suspended scaffoldIn an effort to reduce construction accident deaths and injuries in New York City, the Department of Buildings has been deploying new strategies and increasing its staff. It just released a new report about it.

New inspection unit

The DOB role is not only to deliver wok permits for new construction or renovations but also to make sure that construction workers are being fully protected when they do their job. In order to do so the DOB created a new inspection unit called the “Construction Safety Compliance”. Inspectors in this unit are targeting mainly large NYC construction sites and making sure that all workers have been following the Site Safety Training and contractors are respecting all construction safety rules.

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5 construction workers died on the job in New York City between April 1st and May 31st. This is the highest number of  hard hat fatalities over a 2-month period since at least 2015. 2 fatal accidents occurred in Brooklyn, 1 in Manhattan, 1 in the Bronx and 1 in Queens. So far, since the beginning of the year, 7 workers died on NYC construction sites compared to respectively  1 and 8  for the same period of  2020 and 2019. (click on the graphs for full view)

Construction Accident Deaths May 2021 NYC
64 NYC construction workers suffered injuries in April and 38 in May. Between January 1st 2021 and May 31st a total of 223 workers were injured on the job in the city. It is more than during the same period of 2020, when 186 workers were injured, but less than during the same period of 2019 when 502 hard hats were injured.

Injuries on New York Construction sites May 21

Manhattan remains the borough with the highest number of construction accidents as well as the highest number of injuries and deaths related to these accidents

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construction workers moving equipment are at risk of struck by accidentsHard hats working at 322 construction sites in NYC were at risk of getting injured or dying in construction accidents because their jobsite was not safe.

These 322 sites including 113 in Brooklyn, 83 in Manhattan, 69 in Queens, 54 in the Bronx and 3 in Staten Island were issued a stop work order and fines by the NYC Department of Buildings after its inspectors conducted a massive safety sweep. (See previous blog).

Recent spike in NYC construction accident deaths

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job-made-boxes-can-lead-to-serious-injury-and-deathIn a recent bulletin, OSHA warns construction workers and other workers using forklifts about potential injuries and deaths caused by “job-made boxes”

What are “job-made boxes”?

Job made boxes are any makeshift attachments created by construction workers or workers in other industries such as boxes, baskets or platforms. They are often made of wood as well as metal and plastic. They look like a little balcony: a platform with 3 walls around it. Workers attach these boxes to forklifts to lift equipment, workers or material to various heights. Workers also use them to step on them when working at elevated levels.

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accident sceneA cyclist was fatally struck by a car  in the Bronx, NYC, last Friday night. The accident occurred around 11:22 pm  on Southern Boulevard, near the ramp of the Bronx River Parkway, in the Bronx Park. According to the police, the driver who was speeding was attempting to pass the cyclist but there was not enough space to do so and he struck the back wheel of the cyclist. The victim whose name was not released by the police, flew onto the windshield of the car, a 2019 Mercedes Benz Sedan, and then landed on the street. He died at the scene of the accident from severe body and head trauma.  The driver of the Mercedes abandoned his car on the side of the Boulevard and ran away on foot. The police are still looking for him. (read more in the Gothamist)

Less than 24 hours later, also in the Bronx, a man riding a e-scooter died after being struck by an Amazon Prime delivery van. The accident occurred in front of 1230 E. Tremont Avenue,  a little bit before 7:30 pm. Both the van and the e-scooter were travelling in the same direction when the van struck the scooter. The victim who was not identified, died at the scene of the accident. The driver of the van stayed at the scene of the accident and was not charged by the police. (Read more in the NY Post). 

In Brooklyn, a couple who was heading to work on a moped, were struck by a dump truck on Rogers Avenue near Bergen Street in Crown Heights. 36 year old Jose Garcia Cruz was taking his girlfriend, 25 year old Kristina Walker, to work when the accident occurred. The circumstances of the accidents are not exactly clear. CBS News indicates that the truck rear ended the moped while the police told the NY Daily News that the driver lost control of the moped when he tried to pass the dump truck. In NYC, the police have a habit of protecting the motorists and blaming the victims. (read more in the NY Daily News)

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car accident in NYC38,680 people died in auto accidents in the US in 2020 compared to 36,096 a year earlier according to preliminary data from the National Highway Traffic Safety Administration. The 7.2 % increase in crashes occurred as the total number of miles travelled by motor vehicles decreased by 13.2%, an indication that roads were much more dangerous during the pandemic. The rate of fatalities by 100 million vehicle miles traveled (VMT) raised from 1.1 VMT in 2019 to 1.37 VMT in 2021. This is the highest rate of crash fatalities recorded in the US since 2007.

The region that includes NY, NJ, CT, and PA had  the highest increase of fatal auto accidents

When looking at the increase of fatal motor vehicle accidents by regions between 2019 and 2020, region 2 that includes NY, PA NJ and CT was the worst with a 10% increase in traffic accident deaths.

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Crash Mapp of ELiot Ave and Fresh Pound IntersectionA reckless drunk driver struck a car, killing the driver and injuring the passenger yesterday in Queens NYC. 22 year old Erik Chimborazo was drunk behind the wheel when he hit 47 year old Mohammed Hossain, a Lyft driver who was driving  the final passenger of his shift before returning home to his wife and three children in Borough Park, Brooklyn. Chimborazo who is unlicensed was speeding behind the wheel of a vehicle that had no insurance and  no inspection certificate. A neighbor told the NY Daily News that the impact was so intense that Chimborazo must have been driving at a speed of 80 or 90 mph when he T-Boned the Lyft car.  Further investigation found that the driver ran a red light and had twice the limit of alcohol in his system two hours after the accident.

The accident occurred at the intersection of  Fresh Pond Road and Eliot Ave around 3:50 am on Sunday.  The driver had texted his wife 30 minutes earlier that he was coming home. Both cars occupants were transported to the hospital. Mohammed Hossain was declared dead while his passenger was treated for minor injuries. The drunk driver was also transported to the hospital for evaluation before he was arraigned. He was charged with driving a vehicle that lacked insurance and an inspection certificate, driving without a license, DUI and vehicular manslaughter.

Houssain, a very quite man who loved his family immigrated from Bangladesh 12 year ago.  He was the only provider for his wife Kulsuma Jahan and their 3 children, 14 year old Samin, 7 year old Lybia and 2 year old Labeen. His family and friends were devastated by his death.

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15 pedestrians, 8 motorists and 4 passengers died in car accidents in New York City during the month of April reaching a total of 27 traffic fatalities. This is the highest number of motor vehicle accident fatalities in NYC ever recorded during the month of April since Vision Zero started in 2014. The lowest number of traffic fatalities in April was recorded last year with 11 deaths as New York was observing a lockdown because of the Covid19 pandemic. Prior to the lockdown, 16 people died in crashes in New York in April 19 and respectively 12, 20, 14, 19, 21, 15 in April 18, 17, 16, 15, 14 and 13. Globally traffic fatalities in New York City remain on a declining trend. However recent numbers have more often been above the trend rather than below. (click on the graph for full size)

Car Accident fatalities NYC April 21

Peak in Pedestrian Deaths

Pedestrians accounted for more than half of the deaths with 15 fatalities while motorist deaths slightly decreased compared to a year ago but remained high with 8 fatalities. No bicycle accident fatalities were reported to the NYPD in April. Such a high number of pedestrian fatalities at a time when tourists have not even come back to the city and a high number of New Yorkers are still working from home is alarming.

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the intersection where Lisa Bane was killed10 days ago Lisa Banes was crossing the street when she was struck by a reckless scooter operator who ran a red light, hit her and just kept going. The impact was so intense that Banes was knocked out of the crosswalk. She suffered critical  head injuries and was rushed to Mount Sinai Morningside Hospital where she passed away yesterday afternoon.

The accident occurred at the  intersection of West 64th Street and Amsterdam Ave on Friday June 4th around 6:30 pm. The actress was on her way to a dinner with friends and had planned to stop at Julliard and at the Lincoln Center on the way. She was in the crosswalk with the light in her favor when the reckless scooter driver mowed her down.

Lisa Banes, an acclaimed Hollywood actress who starred in the movies “Cocktail” and “Gone Girl” and also appeared in multiple TV shows such as “Nashville,” “The Orville,” “Masters of Sex,” and “Royal Pains, was in Manhattan for a performance at the Manhattan Theater Club. The 66 year old woman is married to Kathryn Kranhold