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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Auto Accident NYC Injuries Deaths June 2020During the Covid-19 lock-down, NYC car accident deaths and motorcyclist deaths related to reckless behavior, mostly speeding, increased. City officials were expecting fatalities to go down as the city was getting more active again but statistics show that instead traffic accident fatalities surged after the lock-down.

As a result the DOT announced yesterday that it was lowering the city speed limit from 30 mph to 25 mph on the most dangerous roads of the 5 New York City boroughs on:

  • Riverside  Drive from 165th street to 181st street in Manhattan
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At least 3 teenagers suffered serious injury and were hospitalized and another one died after they participated in  a new challenge on the popular Tik Tok app. The Benadryl challenge  requires participants to take an amount of Benadryl larger that the recommended dosage in order to be able to hallucinate or trip and to post the experience on Tik Tok.

According to Oklahoma’s News 4 Channel, a 15 year old girl died last week after overdosing on Benadryl. It is not sure how many pills of Benadryl the young girl took but teens participating in this dangerous challenge usually take between 10 and 12 pills of Benadryl. This type of dosage is extremely dangerous.It is specially dangerous for the heart which can go out of rhythm and not pump blood effectively. It can cause seizures.

The Tik Tok Benadryl challenge has been on for several months. In May after 3 teenagers were hospitalized in one week at the Cook Children’s Medical Center in Fort Worth, Texas, the hospital issued a warning to all parents about the danger of the Benadryl challenge.  Teens who are participating in the challenge are not of the suicidal type. They just see other teens getting high on Tik Tok and they want to do the same. Videos on TikTok indicate how many milligrams they should take and encourage them to try to see how they feel. Doctors at the Cook’s Children’s Medical Center were showed several videos by their young patients providing step by step instructions on how to take large amounts of Benadryl mixed with an energy drink.

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construction workersTo prevent and reduce construction accidents injuries and deaths in New York City, Local Law 196 requires that most construction workers receive 40 hours of safety training and that their supervisor receive 62 hours of training.  Local Law 196 was passed in 2017 after construction accidents fatalities recorded by the DOB went from 3 in 2013 to 8 in 2014, 12 in 2015, 12 in 2016 and 12 again in 2017. The original deadline for workers to receive their 40 hours of training was September 1 2020 but because much of the “in-person training” was cancelled or postponed because of the covid-19 crisis, the Department of Buildings extended the deadline to March 1 2021. The classes can be taken in person or online.  Online classes are available in multiple languages.

Most construction workers and their supervisors must comply with Local law 196 to be able to work at their construction site

The only construction workers who are exempted from getting safety training are DCA-licensed Home Improvement Contractors and workers at job sites that only involve minor alterations as well as workers building a new 1, 2 or 3-family home. Workers who are not sure if their sites require safety training can consult the interactive site safety construction map.  Personal on these specific sites that do not require safety training are the site owners, the projects managers, the professional engineers, the architects, the developers, the delivery people, the construction managers, the flag persons, the general contractors, the people taking care of the concrete testing, the filing representatives, the security officers, the special inspectors, the service technicians and the consultants. All other construction workers at the sites including demolition workers, construction superintendents, site safety coordinators, site safety managers, forepersons, journey men, employees of DOB licensees or registrants must comply with Local Law 196.  Those who need to take classes can use the DOB”s map of approved course providers or go to the OSHA website to locate a course provider or take an online class.

 

 

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construction worker is a police officerHighway construction workers have one of of the highest rate of fatality among all categories of construction workers. Too often, they die in accidents caused by reckless drivers. In New York State,  from May to November, the New York State Police and the New York State Department of Transportation  are joining forces to crack down on reckless drivers in highway construction zone areas. Through “Operation Hard Hat”, any highway construction workers could actually be a State trooper checking on your driving behavior near construction zones and communicating with other state troopers down the road to stop and ticket drivers who do not respect construction workers safety.

State troopers are sometimes taking the role of a flagman or could be seated in a truck checking your speed  or checking if you are using a cellphone

This year so far, according to a recent announcement by governor Cuomo, 37 operations have been conducted on New York State highways resulting in 432 speeding tickets, 112 seat-belts tickets, 192 cell phone tickets, 68 move over tickets, 2 failure to obey flagger tickets, 10 failure to obey traffic control device tickets, 1 DWI violation, 2 unsafe lane change tickets and 403 tickets for other violations. A total of  1,222 tickets were issued so far. Last year, the same campaign from May to November resulted in a total of 1,048 tickets.

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location of the fatal truck accidentA female panhandler was fatally struck by a tractor trailer in New York City yesterday. The accident occurred at the intersection of Linden Boulevard and Fountain Avenue in East New York, Brooklyn, NYC. The 40 year old woman was a local character. Her first name was Dona but local residents nicknamed her “loca”. The woman who was squatting near the intersection would come out of her house with a long gown and approach cars for change.  If drivers didn’t give her money she would scream and curse at them. Locals would always keep an eye out for her.  A man who witnessed the accident told the NY Daily News that he regularly gave her money and that he would always warn her to be careful about the traffic and she would just laugh at him.  Sadly the worst happened yesterday morning. The driver stayed at the scene of the accident and was not charged.

In Brooklyn, young adults are the most at risk of getting injured or killed in a large truck accidents

According to statistics from the New York DMV, there are between 3,500 and 4,000 large truck accidents in Kings County every year. While the DMV is still working on the 2020 numbers, it reported 8 fatalities and 523 personal injuries in 2019 preliminary statistics compared to 7 fatalities and 502 personal injuries in 2018.  Among the 3,442 large truck accidents reported in 2019 preliminary statistics, 82 involved pedestrians (4 fatalities and 35 personal injuries), 42 involved cyclists (2 fatalities and 23 personal injuries) and 15 involved motorcyclists (no fatalities and 7 personal injuries).  Among the 523 personal injuries reported in 2019 in Kings County, 24 were serious, 41 were moderate, 414 minor and 21 of them were reported as level of severity unknown. More than a quarter of the injured victims were in their 30ies, around 20% were in their 20ies and another 20% were in their 40ies. Among the 8 people killed half of them were between 21 and 29 year old, 2 of them between 60 and 69 year old, one was in his fifties and another one was a teenager.

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location of the fatal tractor trailer truck accidentA mother and her two children lost their lives and several other family members suffered personal injury in a truck accident in Upstate NY.

The accident occurred last night around 8:30 pm on the New York State Thruway near Exit 19 for Ulster. A family from Pelham Bay in the Bronx, NYC, was returning home from a trip Upstate in two separate cars: a Honda and a Kia minivan. Both cars were stopped in traffic when a truck rear ended the Honda and swiped the rear end of the Kia. Zulika Salim, a 47 year old mother was sitting on the back seat of the Honda with her two children, 19 year old Justin Gayapersad and 14 year old Chelsea Gayapersad. They all died in the crash. The driver of the Honda, 24 year old Neta Singh and the front seat passenger, 18 year old Singh suffered minor injuries and were transported to a local hospital hospital.  3 other family members who were travelling in the Kia minivan that the truck sideswiped also suffered personal injury. One of them, a 48 year old passenger identified as Ramnarine Singh, was seriously injured and had to be airlifted to a medical center in Albany. Two other passengers, 27 year old Sangeeta Singh and 45 year old Saleema Salim suffered minor injuries and were transported to a local hospital. The driver of the Kia Van, 26 year old Maheshwarnauth Karan declined medical treatment at the scene of the accident.

The truck driver was identified as 61 year old Luc Leblanc from Quebec. According to the police, the truck driver was driving in the right lane when he encountered traffic stopped in front of him. He tried to avoid a collision but the distance between the truck and the stopped cars was too short for the truck to stop and he rear-ended the Honda. He was not injured in the accident and so far he has not been charged by the police.

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the victim posted a picture of her car on IGA woman standing next to her car was fatally hit by a tractor trailer truck in NYC last week. 27 year old Keara Rosa had just purchased a used car two weeks before with some cash that she had been saving. She was very proud of her purchase and posted a picture of the new car on Instagram and commented “HARD WORK PAYS OFF , Thank you god”. Last Wednesday around 12:15 she was driving her car on the  Cross Bronx Expressway  near Southern Boulevard when something went wrong with it. She pulled over onto the shoulder and got out of her car. As she was standing next to her car, a massive truck crashed into it, pinning Keara between the car and the wall of the expressway and killing her.

The out of control truck hit several cars injuring two before fatally crashing into Keara’s car

According to the police, the 55 year-old truck driver was driving in the right lane of the 3-lane Bronx Expressway when he swerved to the left to avoid slow traffic ahead of him. As he was doing so, he  lost control of his truck and hit 3 cars: a Toyota Corolla driven by a 51 year-old man, a Toyota Camry driven by a 29 year-old woman and a Lexus driven by a 58 year old woman. After hitting the 3 cars, the truck swiped the concrete divider in the middle of the highway.  It then swerved back to the right side crashing into Keara’s car and killing her.

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Revel-scaledA man was killed in a Revel moped accident in New York yesterday. The 32 year old man identified by the police as Jeremy Malave was riding  the rented Revel north on Woodhaven Boulevard, Queens, when he lost control of the moped and struck a light pole near 67th Drive. The accident occurred around 3:15 am. EMS found Malave lying on the ground with a massive head injury. He was rushed to the hospital but he didn’t survive. The helmet was found on the ground nearby but it was not clear if Malave was wearing it at the time of the accident. (read more in the NY Daily News)

26 year old Revel passenger killed after driver lost control of the scooter

On Saturday July 18th, CBS 2 NY reporter Nina Kapur also died in a Revel accident. 26 year old Kapur was riding a Revel moped as a passenger in Brooklyn when the driver of the scooter suddenly swerved throwing Kapur onto the roadway.  The young woman suferd critical injuries and was rushed to the hospital where she later died. The driver of the Revel, a 26 year old man, suffered minor injuries. According to a witness, neither of them were wearing a helmet. (read more in the Daily News)

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person-holding-hand-sanitizer-396233175 dangerous hand sanitizers that are being sold at major retailers such as CVS, Wallmart and others have been recalled by the FDA. The dangerous products contained methanol, also known as wood alcohol. When absorbed by the skin or swallowed, methanol can lead to severe injury such as blindness neurological damage or even death. The FDA has received several reports of consumers including children who suffered personal injury or died  after being exposed to these dangerous products.

Please check your hand sanitizer  and make sure it is not part of the list released by the FDA.

Some of the products recalled were sold under the following brands: Good Gel, Lavar 70, Saniderm, CleanCare, All-Clean and Eskbiochem. All these brands are manufactured by the same Mexican company Eskbiochem SA de CV.

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29 people including 4 cyclists and 9 pedestrians died in crashes in New York City last June. While truck and bus accidents remain lower than usual, reckless car driving and speeding continue to be a cause of many injuries and deaths.

After dipping to a record low of 5 deaths during the Covid-19 lock-down, traffic fatalities peaked to 29 in June. Since Vision Zero started in 2014, this is a record high number of fatalities that was only reached once previously in June 2016. Injuries were on the rise too in June compared to the previous months of May and April but not as dramatically as the fatalities.  The total number of accidents increased as well. One of the main reasons why the total number of accidents dipped so dramatically is because since last March the NYPD doesn’t dispatch officers anymore at the scene of minor accidents. As a result the big drop observed since March is not only related to the Covid-19 crisis but also to the the fact there are no more NYPD reports for minor accidents.

Auto Accident NYC Injuries Deaths June 2020
New York traffic accident fatalities were on the rise for all categories of road users. 11 motorists, 5 passengers, 4 cyclists and 9 pedestrians died last June compared to respectively 7, 0, 2 and 2 during the previous month and 6, 3, 3, 8 in June 2019. Many of these fatalities are related to speed and reckless driving. While the city has slowly started to get back to normal, the traffic is not as heavy as it used to be before the coronavirus crisis and many motorists are driving over the speed limit.

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