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 deadly pedestrian accidentA pedestrian was killed by a reckless driver in Brooklyn last week. The 53 year old woman was crossing the street in the crosswalk at the intersection of Glenwood Road and 55th Street when she was struck by a car driven by 22 year old Michael Rajpaul.

Rajpaul was chased by another driver who he previously hit

Previous to hitting the pedestrian with his 2008 Hyundai, Rajpaul had a fender bender with a BMW. Instead of staying at the scene of the accident he sped away and the driver of the BMW chased him. As he drove South on 55th in the wrong way and at high speed, he ran a red light and was t-boned by another car driving through the greenlight. His car spun around and he hit a 53 year old pedestrian wo got thrown into a parked car. She was rushed to the hospital but the impact was so intense that she died from her injuries.  None of the drivers were injured.

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location of the e-bike crash with Rolls RoyceA Man who was seriously injured in a e-bike accident near the Queens-Midtown tunnel on Saturday November 28th died from his injuries, the NYPD announced on Tuesday. 28 year old Jakir Hossain from the Bronx was riding an electrical bike on East 38th Street, Saturday November 28th around 8:45 pm when he was struck by the driver of a Rolls Royce convertible travelling North on Tunnel Exit Street. The cyclist was ejected from his bike and suffered multiple trauma to his head and his body. He was transported to the hospital where he died from his injuries after more than a week of pain and suffering.

The 30 year old driver of the Rolls Royce was not charged. The investigation is still ongoing. The report mentions that the driver had the green light . Tunnel Exit Street is notoriously dangerous. Drivers are speeding and visibility is bad. Last year 17 crashes were reported on this short street segment.

The death of Jakir Hossain once again demonstrates that while more and more people are riding bicycles in  New York City, many streets of the city are still extremely dangerous to ride and more should be done to protect cyclists. Read more in Street Blog

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After reaching a record high in September, NYC auto accident fatalities remained high with 12 pedestrians, 1 cyclist, 4 passengers and 7 drivers killed in auto accidents in October compared to respectively 13 pedestrians, 6 bicyclists, 2 passengers and 14 drivers last September and 9 pedestrians, 3 cyclists, 1 passengers and 5 drivers in October 2019 (click on graphs for full format)

After remaining below 20 for the last 4 years, motor vehicle accident fatalities for the month of October  are back to pre Vision Zero levels with a total of 24 people killed on NYC streets.

Auto accident deaths NYC October 2020
While the number of traffic deaths was higher, the number of people injured in car accidents in New York City was at the lowest level for for the 8 years under review in the graph below. A total of 4,235 people sustained injuries in traffic accidents in the city compared to respectively 5,204, 5,498, 5,450, 5,083, 4,851, 4,692 and 4,830 in October 2019, 2018, 2017, 2016, 2015, 2014 and 2013.

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Facebook pic of the victimA man speeding and under the influence of alcohol or drugs crashed into the car of a hospital worker on his way to work and killed him.

Daniel Crawford, a phlebotomist at Queens Hospital Center was on his way to work last Friday morning around 4:00 am. He was driving his Toyota through the green light at the intersection of  Parsons Boulevard and Union Turnpike in Jamaica, Queens, when he was T-boned by a Mercedes Benz driven by 22 year old Alamin Ahmed.  Crawford was rushed to the hospital where he usually goes to work but he could not be saved.

A dad, a frontline worker and a future nurse

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5 construction workers died  and 240 were injured in New York City between June 1st and October 31st. Last year during the same period, 6 workers died and 275 were injured in NYC construction accidents.

After a slow down in March, April and May related to the Covid-19 lock down, the construction industry resumed work in the city. Out of the 5 fatalities, 3 occurred in Brooklyn and 2 in Manhattan. 3 of them were falls. Fall is the number one cause of fatalities on construction sites in New York and in the US.

  • On June 20, at a construction site located at 1154 39th Street, in Brooklyn, an unlicensed worker who was installing new junction boxes electrocuted himself  and succumbed to his injuries.
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Snow stormWinter storm related injuries and fatalities can often be prevented by preparing ahead. Now is the time for individuals and employers to prepare and get ready for future winter snow storms. The occupational Safety and Health Administration just released a set of guidelines that covers most winter weather related hazards and how to prevent them:

  • Winter driving is always hazardous, OSHA recommends drivers who have to drive in wintery conditions to follow the “3 P’s of safe driving: “Prepare for the trip”, “Protect yourself” and “Prevent crashes on the road”. Preparing for the trip means checking that the car is well maintained, making sure that the breaks are proprely balanced, that the cooling system has a proper mix of antifreeze and water, that the battery is fully charged, that the tires are in good condition and proprely inflated, that the windshield wipers are in good condition and that your windows are clear. Protect  yourself  and your passengers by making sure everybody buckles up and children are in proper seats in the back. Prevent crashes by avoiding drugs and alcohol, keeping a safe distance between cars, keeping alert for pedestrian and avoiding fatigue.
  • Special precautions should be taken for workers exposed to traffic as drivers may skid or loose control of their vehicle during winter weather and strike workers. Signs, cones barrels and barriers should be set up to protect workers.
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No turn for trucks signalA delivery worker on a moped was killed in a truck accident in Queens, NYC  . The accident occurred last Thursday around 8:30 am at the intersection of Astoria Boulevard and Crescent Street.  The driver of a Bud Light delivery truck made a right turn from Astoria Boulevard onto Crescent Street and struck 35 year old, Alfredo Cabrea Licona, a delivery worker riding a red scooter. Alfredo skidded beneath the tractor trailer and it took 10 minutes for  the emergency team to extricate him from under the truck. He was rushed to the hospital with critical injuries and died shortly after his admission to the hospital. Alfredo left behind a wife and two children living in Mexico depending fully on his financial support. He spent 11 years working in the city and was planning his return to Mexico for the end of the year. People who knew him said he was a good and honest man who was working hard to take care of his family.

The accident was preventable

The truck driver stayed at the scene of the accident and so far was not charged. At the time of the accident, the truck made a right turn onto Crescent Street despite a signal forbidding trucks to turn on the street except for local delivery (see picture). There are only residences and a church on the segment of Crescent Street where the truck made a turn, therefore the turn was probably illegal.  Additionally while making the turn onto Crescent street the truck went over the “supposedly” protected bike lane. For months before the accident, street safety activists have been asking the Department of Transportation to adequately protect the two way bike lanes on Crescent Street because trucks and cars would constantly interfere with cyclists. The bike lane is only protected by “flex declineators which flex down to the ground when cars drive over them and as a result do not offer real protection to bike lane users.`

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location of the bike collision
A New York cyclist who was struck by a car died from his injuries one week after the accident occurred. On Saturday November 7th around 1:00 am , Juan Tiu-Caxaj was riding his bicycle on Autumn Avenue. As he crossed Fulton Street he collided with a car heading westbound on Fulton Street. The driver stayed at the scene of the accident. He was not charged. The young victim suffered head trauma and was transported to the hospital. His condition was stable but  it deteriorated and he died from his injuries a week later.

According to the police, the cyclist rode through a stop sign just before the collision.  The investigation is still ongoing to find out the exact cause of the accident.

According to Vision Zero studies, East New York is among the most dangerous areas in New York for bicyclists. However so far not much has been done in this neighborhood to promote bicyclists safety compared to other areas of New York City like Manhattan.

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location of the deadly tractor trailer accidentA 71 year old pedestrian was fatally struck by a tractor-trailer in the Bronx, NYC, just one one week after a cyclist was killed by a big rig in the same borough. The victim was crossing the dangerous intersection of East 38th Street and Exterior Street around 4:00 pm yesterday when a MAC tractor-trailer truck travelling South hit the pedestrian and fled the scene of the accident leaving behind him the victim dying on the ground.  The NYPD was alerted by a 911 call of  and when they arrived at the scene of the accident, they found the man lying on the street, unconscious and with severe head trauma. The senior pedestrian was rushed to a nearby hospital where he was pronounced dead. The police are still looking for the truck which had a white rig and a red trailer and the truck driver.

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location of the fatal moped accidentA man riding a moped was fatally struck by a reckless driver in the Bronx, NYC.

Early Sunday, around 12:30 am, 57 year old Frank Davila was riding a moped South on Rosedale Avenue when he was struck by 33 year old Stephanie Mendez who was driving a 2005 Grey Volvo Sedan.  At the time of the accident Mendez was driving with a suspended license.  The police checked her blood alcohol which registered 0.074 which is below the legally drunk level. Despite a blood test below the legal level, the police charged her with driving under the influence of alcohol or drugs and driving with a suspended license. The investigation is not over yet though but so far Mendez has not been charged with criminally negligent homicide or vehicular manslaughter.

Paramedics found Davila unresponsive and unconscious on the sidewalk. They rushed him to the hospital but it was too late and the 59 year old father was pronounced dead.

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