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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unprotected bike lane on 35th StreetWhile the NYPD mentioned to media that the woman who fatally struck a delivery worker in Queens, NYC and crashed her car in the dining area of a restaurant might have suffered a medical episode, her family disagrees.

Costas Yerolemou, the ex-husband of Maro Yerolemou told Street Blog NYC that his ex-wife never had a medical episode and that her physical health was perfectly fine. However he said she was emotionally shaken by the accident and could not stop crying.

The family says another car rear-ended the Mercedes

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Construction Safety Conference NYC 2021How to prevent injuries and deaths caused by construction accidents in New York City is the main subject of the yearly Build Safe, Live Safe Conference organized by the NYC Department of Buildings.

The conference is digital for the second consecutive year because of the ongoing Covid19 restrictions in regards to large gatherings in indoor spaces.  The event started this Monday and continues until Friday.

The Conference which takes place during the same week as National Construction Safety Week, and OSHA’s National Safety Stand-Down to Prevent Falls in Construction is free and covers a broad area of subjects related to safety and sustainability in the construction industry in New York City such as :

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unprotected bike lane on 35th StreetA 37 year-old delivery man was killed and several other people were injured in a reckless car crash in Queens, NYC. The accident took place last Thursday night around 6:00 pm. A 60 year-old woman driving a 2013 Merccedez-Benz C-300 who was driving behind a slow-moving vehicle lost patience and decided to use the bike lane to pass the vehicle. She struck two parked cars and  37 year old Xing Long Lin, a delivery man on a scooter, who got trapped and dragged under the car as the driver continued to drive and crashed into the outdoor setting of Rosatoro Restaurant located at the corner of 35th Street and Ditmars Boulevard in Astoria, Queens. After the car crashed into the outdoor setting, it jumped the curb, knocked down a tree and ended in the front window of the restaurant.

Xing Long Lin died in the accident. The delivery worker  came to US from China 14 years ago and lived with his wife and his two children 5 and 9 year old  in Elmhurst. He was the sole provider for his family and was also taking car of his mother in China.

Among those injured was a 32 year-old woman who was sitting in the restaurant and who sustained injuries to her leg after glass and debris went flying into the dining areas. She was transported to the hospital to be treated.

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location of the fatal pedestrian and e-bike collisionA pedestrian died from his injuries after being struck by an e-bike in NYC. The accident took place on the Upper West Side in Manhattan. 71 year old Hing Chung, the manager of the Dim Sum restaurant Jing Fong, stepped on the bike lane between two cars and was hit by a 39 year old cyclist travelling North on the bike lane. The accident occurred a few steps away from his restaurant. The e-bike rider stayed at the scene of the accident and was not charged.

Hing Chung was hospitalized and later on died from his injuries at the hospital. The restaurant manager immigrated from Hong Kong more than 30 years ago and was a friendly and funny man who was loved by his clients and employees. (read more in the Gothamist)

3 fatal collisions between pedestrians and e-bikes in NYC since 2014

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1,393 pedestrians, 695 bicyclists, 2,564 passengers and 4,332 motorists were injured in car accidents in NYC during the first 3 months of the year compared to respectively 2,206, 715, 3,306 and 5,032 during the same period a year earlier. After a peak in the first quarter of 2019 the number of  injuries sustained in crashes in the city declined in 2020 and reached a record low in 2021.

car accident injuries NYC Q1 2021
New York car accident fatalities followed the same trend. 22 pedestrians, 1 cyclist, 5 passengers and 10 motorists lost their life in traffic accidents in New York during the first quarter of 2021 compared to respectively 26, 1, 4 and 10 during the first 3 months of 2020.

New York car accident fatalities Q1 2021
In a city that has not yet returned to its usual level of activity, it make sense that less people would be injured or killed in crashes.

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Gair-Gair_Tony-Gair_02Our partner Anthony Gair has carved out a reputation as one of the best product liability lawyers in NYC.  Yesterday he talked to CNBC journalist Lauren Thomas about the refusal by Peloton to comply with the Consumer Product Safety Commission and recall its high-end treadmill Tread+. 

Multiple children  and a pet have been injured and recently a child died in a Peloton Tread+ treadmill accidents but Peloton has been very reluctant to cooperate with the federal safety agency. The company is fighting a request to recall the dangerous product and refuses to provide the name of the child who recently died after getting stuck under the high end Peloton treadmill.

“The CPSC must have reason to believe that the treadmill wasn’t designed appropriately” said Anthony Gair.  According to him, Peloton might not have done a hazard analysis before launching the product or if they did, he questions if they knew about the danger and ignored it.

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Ghost bike showing locations of previous NYC deadly bicycle accidentsA cruel and reckless driver  blows a stop sign, hits a cyclist critically injuring him, drives away, comes back, takes a look at the cyclist, gets back in his car and speeds away.

The accident occurred at night last week in the Bronx. A 46 year-old cyclist was riding his bike through the intersection of Dudley and Edison Avenues in Pelham Bay when a driver blew the stop sign and slammed into him.  A video surveillance first shows the driver taking off.  He then returned to the scene of the accident, took a look at the victim who was suffering critical injury and took off again. The victim was found by EMS and rushed to the hospital. (Read more in the Daily News)

Bicycle accidents injuries in the Bronx have been on the rise during this period of the year compared to the same period last year.  According to the most recent NYPD traffic statistics, 17 people were injured in bicycle accidents in the Bronx during the week of April 5 to April 11 compared to 2 during the same week a year earlier.  Last years numbers were much lower because the city was observing the Covid19 lock-down and the streets were mostly empty. The same can be said when looking at statistics on a 4 week basis. 54 people were injured in Bronx bicycle accidents between March 14 and April 11 2021 compared to 20 for the same period a year earlier.

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location of the MTA bus accident in BrooklynA NYC pedestrian died from his injuries after a light pole fell on him. The pole fell after a MTA Bus who was trying to swerve around a disabled vehicle struck it with its side mirror.

The accident occurred a week ago on Thursday night in Brooklyn. 59 year old, Lance Margolin, a stock trader for Merrill Lynch, was walking on the pedestrian mall on Eastern Parkway near the Utica Avenue train station. Margolin, his wife and some friends were heading back home after a birthday party. As they were walking, a MTA bus driving on Eastern Parkway swerved to avoid a disabled car and struck a light pole with its side mirror. The light pole crashed on the ground, right on the top of Margolin. The friends who were walking steps ahead of Margolin and his wife heard a big bang and when they turned to look at what happened, Margolin was crushed under the pole with his wife next to him. They ran to the rescue. One of the friends was able to lift the pole from the victim who suffered severe head and body trauma.

The victim never regained consciousness and died 3 days later

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child in carCar accidents are one of the leading causes of  injuries and deaths for children. In the US, 636 children under 12 year old died and 97,000 were injured in car crashes in 2018.

From researching child restraint performance to analyzing teenager behavior behind the wheel and testing safety of future autonomous vehicles, the Center for Child Injury Prevention Study  has been constantly researching and advocating for better ways to protect children on the road.

Among their most recent studies,  researchers at CChIPS  have been looking at the validity of  recommendations for rear-facing Child Restraint System (CRS) using newly available real car accident injury data.

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tweet about pedestrian crushed by car in NYCOne day after a pedestrian died after being hit by a car on a Manhattan sidewalk and 5 other people were injured after a car jumped the curb in Brooklyn (see previous blog), another NYC pedestrian died  after being struck by a car jumping the curb in Brighton Beach in Brooklyn, NYC.

Volf Ferdman, a 97 year-old decorated World War II veteran and beloved grand father was killed by a 79 year-old driver last Wednesday afternoon while on his way to the bank.  The accident occurred right in front of the Apple Bank located on Brighton Beach Ave near 4th Street around 3:45 pm. Ferdman was sitting on his walker in front of the bank when the driver of a large SUV, a 2008 Cadillac Escalade who was parked in front of  him started to maneuver to get out of the parking space. As he was doing so, the 79 year old motorist lost control of the massive SUV, jumped the curb and pinned Ferdman between the front of his car and the bank’s glass window. Ferdman was still alive when emergency responders arrived but the injuries he sustained were so bad that he later passed away at the hospital. He lived just a few blocks away from the bank. An Apple Bank employee told the News that the SUV had a handicapped sticker in the windshield.

Ferdman was a beloved grandfather and great-grand father and his 46 year old granddaughter Svetlana Statsyuk told the News that her grand father was looking forward to celebrating “Victory Day” on May 9th, a former Soviet Union holiday celebrating the 1945 surrender of Nazi Germany. Ferdman was originally from Ukraine and fought  for Russia during World War II. He later immigrated to the US and choose Brighton Beach in Brooklyn as his new home. His family was his biggest joy and they loved him dearly.

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