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 fatal e-bike accidentTwo e-bike riders died in NYC accidents  during which they lost control of their bike while no other vehicles were involved since the beginning of this year. Another similar accident occurred around Christmas (see previous blog).

On Thursday January 6th around 2:45 pm, 26 year old Cheng Wang was riding a e-bike on Ralph Avenue. As he was near Avenue D in Flatbush, Wang lost control of his e-bike and fell to the ground. EMS found him unconscious in the street and rushed him to the hospital. While unconscious, Wang was still alive when he arrived at the hospital. He died less than 12 hours later from internal injuries. It is not clear what caused Wang to loose control of his e-bike. The segment of Ralph Avenue where he fell is in an industrial area and the pavement has a lot of cracks.  The weather was very cold as well and the road might have been icy. (read more in StreetBlog)

Less than 24 hours later, on Friday January 7, a man on a e-bike crashed into a parked car in the Bronx and died from his injuries, The accident occurred around 12:45 am. The victim was riding an e-bike on East 149th Street in the Bronx when he crashed into the back of a car parked next to the curb. A surveillance video shows the cyclist riding in the middle of the street, then veering to the right and hitting the car parked against the curb. It is not clear why the victim piloted his  e-bike that way. Maybe there was a pothole, debris on the ground or black ice? The victim who according to the NY Daily News was in his 30ies was not wearing a helmet. He suffered major head trauma. EMS found him unconscious in the street and transported him to the hospital where he was pronounced dead. The man did not have any identification on him.

 

 

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Linemen have one of the most dangerous job in the construction industryDerrick workers in oil gas and mining, roofers, ironworkers, crane operators, construction helpers, landscaping supervisors, highway maintenance workers, cement masons, ground maintenance workers, maintenance workers and mining machine operators have some of the highest death rates among all workers. Out of the top 25 most dangerous jobs  in the US, 12 of them are related to the construction industry according to a recent study released by AdvisorSmith.

Derrick operators in the oil gas and mining industry whose job is to operate and maintain the derrick and drill equipment used to extract oil or gas have the third most dangerous activity of all American workers behind logging workers and aircraft pilots and flight engineers. The average yearly salary of a derrick operator is $51,390 and the average fatal injury rate is 46 per 100,000 workers.  20 of them died on the job  in 2018 according to the most recent data of the Bureau of Labor Statistics.

Roofers who average a $42,100 yearly salary come right behind them with a fatal injury rate of 41 per 100,000 workers. 96 of them died in roofing accidents in 2018.

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location of the pedestrian accidenta 4 year old pedestrian died and a 6 year old suffered serious injury in a dramatic accident that occurred on their way to school. The accident occurred yesterday morning around 9:15. The two children had just been dropped in front of Yeshiva Ketana of Bensonhurst on 67th Street near 20th Ave (see Google map picture on the left)  by a 76 year old van driver who then ran over them. The investigation is still ongoing to find out exactly how the accident occurred.  The driver of the van apparently did not realize he hit the children and left the scene of the accident.  The two boys were transported to the hospital where one of them was pronounced dead. The other one survived with serious injuries. The driver of the van returned later to the scene of the accident and was questioned by the police. According to preliminary investigation, the children found themselves in the street in front of the van instead of being on the sidewalk. The driver told the police he didn’t know that he hit the children and he was not charged. City records however show that since 2016, the driver accumulated two red-light camera and two school zone speeding tickets.

Another 4 year old child was injured in a car accident in Brooklyn on Saturday evening…

According to the Gothamist, the young pedestrian was in the crosswalk on Ocean Avenue when a driver heading westbound on Parkside Ave hit him.   The accident occurred around 9:00 pm. The boy was transported to the hospital in serious condition. The 50 year old driver stayed at the scene of the accident and so far has not been not charged.

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Location of the deadly e-bike accidentA e-bicyclist died in an accident in New York City a little bit after midnight on Christmas.

The accident occurred in a very dangerous area of sunset park in Brooklyn where several people were previously killed in traffic accidents.

33 year old Alejandro Santos  was riding a e-bike on Third Avenue near the intersection of 24th Street when he collided with the rear of a flat-truck bed that was unoccupied at the time of the accident. The young man was transported to the hospital with serious injuries to his legs as well as internal injuries. He died later on at the hospital.

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NYC construction workers1,061 construction workers died on the job in the US in 2019, 5% more than in 2018 according to the annual National Census of Fatal Occupational Injuries report recently released by the US Bureau of Labor Statistics.

The private construction industry remains one of the most dangerous  industries with a fatality rate of 9.7 deaths per 100,000 workers in 2019 compared to 3.5 deaths per 1000.000 average for all industries in 2019. In 2018, the rate of fatality in the private construction industry was 9.5 per 100,000 workers.

Roofers and and construction trade helpers have the highest rate of fatality among  all construction workers

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accident sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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food-emporium-Hells-KitchenA worker died in an elevator accident at a Manhattan grocery store last week. 49 year old Maria Sanchez, a mother of four children who worked two jobs to support her family and her mom in Mexico City was killed by an elevator that was illegally installed in the building of the Food Emporium in Hell’s Kitchen.

Last Tuesday afternoon, Sanchez was in the basement of the Food Emporium supermarket located at 452 W. 43rd Street in Hell’s Kitchen. She was loading a small dumbwaiter elevator with merchandise when suddenly the elevator moved up and crushed her head. Sanchez suffered major head trauma and died at the scene of the accident.

The elevator was illegally installed and had recently been repaired after previous malfunctions

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280px-Patient_receiving_dialysis_03The corporate dialysis industry is resorting to unethical tactics and medical malpractice to prevent patients getting the kidney transplant they need to survive and to keep them on dialysis for years. As a result, many patients who had to go to dialysis centers several times a week during the pandemic, caught Covid19 and died. In a recent investigation, ProPublica describes the multiple obstacles that JaMarcus had to go through to be able to get on the list for a kidney transplant before the covid19 pandemic hit and he ultimately died from contracting the virus at a dialysis center.

In the US, two companies, DaVita and and Fresenius, control 70% of the dialysis market

Patients who require dialysis are mostly patients who suffer form diabetes and who develop end stage kidney failure. While many of these patients could be saved by receiving a kidney transplant, two corporate dialysis companies are spending millions in heavy lobbying so they can continue to get multi billion dollar revenues from mostly Medicare patients who are getting dialysis multiple times a week instead of receiving the transplant they need. According to a recent article in Kaiser Health News, over the last 4 years DaVita and Frenesius spent $212 million just in California to influence voters and politicians and fight a ballot initiative that would have capped their profits.

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location of the collision between the truck and the bicyclistA bicyclist died after being struck by a truck in Harlem, New York on Friday morning around 8:30 am

The driver of the truck was driving illegally on the bus-only lane on First Avenue near 118th Street when he  struck the 41 year old bicyclist. The police also mentioned that the bicyclist was riding the wrong way.  The truck driver stayed at the scene of the accident and was asked to submit himself to the breathalyzer which came out negative. He was not charged despite recklessly travelling on the bus lane while he was supposed to drive on the 3 other traffic lanes of First Ave.

While looking at past traffic violations, the truck has a a history of recklessness with 159 violations since 2014 including red lights and speeding.  The cyclist seemed to have been crushed between the truck and a car that was illegally parked in front of a “No Standing Anytime” sign. The victim is the 24th bicyclists to die in a traffic accident this year. He is also was one of two victims who died in a traffic accident in East Harlem this week-end. Read more in the Gothamist

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location of the fatal car accidentTwo women car pooling to work were killed after their car was T-boned by a speeding driver who blew a red light in East New York. The fatal car accident took place at the intersection of Flatlands Ave and Pennsylvania Av.

Sandra Liberice and Nerlye Sainvil were car pooling together to work. Both women were healthcare workers taking care of mentally disabled children at a group home run by the nonprofit organization “Services for the Undeserved. They had a night shift.  Sainvil had picked up Liberice and they were carpooling together to work. They were less than a mile away from their destination when the accident occurred. Video surveillance showed that the two women were travelling East on Flatland Ave. After the light turned green at the intersection of Pennsylvania Ave, Sainvil started to slowly drive through the intersection when all of sudden a speeding BMW T-boned them at full speed. The two occupants of the BMW were able to extricate themselves from their car and fled the scene of the accident on foot leaving the two women dying behind them.  They both died at the scene of the accident.

Both women were essential workers and had been going to work during the covid-19 lockdown. They both immigrated from Haiti. Nerlye  Sainvil immigrated to the US in 2001, She had a Law degree from Haiti and initially studied to work as a paralegal. She was hired as a direct care worker at the group home and decided to stay there.  Sainvil was 58 year old. She was a church goer and she as suppsoed to get married to her fiancé this year but the wedding was postponed because of the covid-19 crisis. Her fiancé and her 8 siblings were in shock. She was suppsoed to go to visit he sister in Pennsylvania during the holidays.

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