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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accident sceneFatal car accidents related to speed are on the rise in New York City and many of them are caused by young inexperienced drivers behind the wheel.

While New Yorkers witnessed or heard the noise of drag racing all over the city during the coronavirus lock-down that started at the end of March, the city is now about to enter phase 4 of reopening but many drivers seem not to have realized that they are not alone on the road anymore.

Two days ago a 21 year old driver was speeding on the southbound lanes of the Henry Hudson Parkway when he lost control of his Honda, slammed into the median, overturned and landed on the northbound side, hitting another driver in a Toyota

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location-of-the-fatal-scaffolding-accidentA construction worker died and 3 others were injured in a scaffolding accident in Manhattan. The accident occurred yesterday afternoon around 4:20pm at a 12 story condo building located at 136 East 36th Street near Lexington Ave in Murray Hill.

According to witnesses, two hard hats on a suspended scaffold were repairing the facade at the 11th floor level when a piece of the parapet fell into the suspended scaffolding. In a chain reaction, the rig then fell onto the street shed, destroying it.

According to the Daily News a 50 year old worker died in the accident. 2 other workers suffered serious injury and are in critical condition. Another one suffered minor injury.

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New York CyclistsAfter a high number of deadly pedestrian and bicycle accidents in New York City, especially in Brooklyn, last year, Brooklyn District Attorney Eric Gonzales decided it was time to do something about it. The DA just announced that he has created a new unit that will be dedicated to investigate any fatal motor vehicle accident occurring in Brooklyn. Now anytime a motor vehicle accident involves a fatality not only the NYPD investigation squad will  investigate the accident (if they show up ) but also a prosecutor from the DA’s office will rush to the scene of the accident. The prosecutor will run his or her own investigation speaking to witnesses, collecting evidence, documenting and drafting warrants to collect evidence.This measure will hopefully bring more justice to the victims of reckless drivers who are too often being let go by the police with no charges.

Botched police investigations and poor follow up on deadly traffic accidents are common in New York City

In most accidents, including those in which people are killed, drivers are usually getting a free pass except if they were driving under the influence or if they committed an extremely reckless act.  With the new DA unit it will not be the case anymore in Brooklyn, not only drivers will be held accountable with detailed investigations but the unit will also work with lawmakers to pass new laws against reckless driving.

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Construction job with the highest risk of fall injuriesFall is the number one cause of death for construction workers. Every year in America, 10,000 construction workers suffer serious injuries and 200 die in fall accidents. To raise awareness about this problem, the Occupational Safety and Health Administration (OSHA), The National Institute for Occupational Safety and Health (NIOSH) and the Center for Construction Research and Training (CPWR) are organizing a yearly national campaign: The National Safety Stand-Down. The event lasts several days during which every construction company owner is invited to spend a day or at least a few hours with their employees to review fall safety protection.  Thousands of construction companies are participating every year reaching millions of construction workers.

This year the event was supposed to be organized  in May but many construction businesses were shut down because of the Covid-19 crisis. Therefore the 7th National Safety Stand-Down to prevent Falls has been moved to the 14th to 18th of September 2020.

For this year, the organizers suggest that the event be held virtually or that companies owners make sure that construction workers social distance during the stand-down. Video and webinar might be a good way to keep the stand-down safe for all.

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accident sceneA NYC pedestrian was fatally hit by a car in front of his house on Saturday evening.  50 year old Jose Barrera, a construction worker and father of 4 was killed by a car in front of his 6 year old daughter. Barrera was working 6 days a week and Saturday was his day off.

The accident occurred on 39th Street between Fort Hamilton Parkway and 10th Avenue in Brooklyn in front of his house. Barrera had just returned from grocery shopping at Cosco with his daughter and he was planning to cook for his family at night. He parked the car, carried his 6 year old daughter to the stoops and sat her there while he was unloading the car. As he was on the sidewalk carrying groceries, the driver of a 2014 Nissan Sedan lost control of his vehicle and hit him. Barrera was found by his wife laying on the ground covered in blood after she ran outside when she heard her 6 year old crying hysterically. When the ambulance arrived, it was already too late, They took him to he hospital but he could not be saved.

The driver identified as 21 year old Kareem Denton stayed at the scene of the accident. Denton and his passenger were both wearing work clothes from the Maimonides Medical Center. Police found Marjuana in the car and took Denton to the police station to be tested on suspicion that he was driving under the influence. Denton passed the test and was released a few hours later. He received a summon for Marijuana possession. No other charges were pressed against him.

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Satelite-view-of-Floyd-Bennett-AirportA tragic car accident resulted in 3 deaths and multiple injuries in New York City last Saturday night as a bunch of local teenagers gathered on a remote area of the Floyd Bennett airfield for some summer antics. Two 16 year old drivers with other young passengers on board crashed into each other while both were effectuating “donuts” on a runway converted into a road at the old Floyd Bennett Field airport.

Both drivers were 16 year old

According to the police report, 16 year old Emil Badalov was behind the wheel of a 2014 Kia Forte with 3 other people in the car: 11 year old Daniel Sidgiyayeva and his sister 18 year old Margarita, Sidgiyayeva as well as another 17 year old boy. Baladov was effectuating “donuts” when a Toyota Camry  crashed into them. The Toyota Camry was driven by another 16 year old boy who had two passengers: a 16 year old girl and an 18 year old boy. Baladov and the two Sidgiyayeva kids died while the other passenger is still hospitalized in critical condition. The 3 occupants of the Toyota Camry were all injured and hospitalized. They are in stable condition. No arrest were made.

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location of the fatal pedestrian accidentA pedestrian was fatally struck by a car backing up in a residential street in New York City.  64 year old Richard O’Flaherty was crossing Caffrey Avenue in Far Rockaway when he was hit by a car backing up the street. The driver initially made a turn from New Haven Avenue onto Caffrey Avenue and then proceeded to drive in reverse up Caffrey Avenue. He struck O-Flaherty who fell on the ground. He was transported to the hospital where he later died from his injuries. The driver stayed at the scene of the accident and wasn’t charged. Read more in Street Blog

A few day before, another pedestrian was killed by a speeding hit and run driver in Midwood Brooklyn. 58 year old Mariya Ursachenko, was crossing in the crosswalk of the intersection of Ocean Ave and Avenue J when a speeding car blew a red light and collided with another car that careened into the pedestrian. The faulty driver then hit another car before coming to a stop. He then jumped out of his car and fled the scene of the accident on foot.  The police caught him a little bit later. He was identified as 25 year old Mohammed Nasim.  He was charged with reckless driving, failure to yield to a pedestrian, vehicular assault, manslaughter and criminally negligent homicide. Ursachenko was rushed to the hospital but she didn’t survive. The driver of the car that was hit was also injured and transported to the hospital. His condition was stable.  According to the NY Daily News, Ursachenko was a baby sitter who was mostly working to help her family in Ukraine.  Her 61 year old roommate said that she was a lovely woman who didn’t have much luck.  In recent years, she broke her two arms in two separate accidents and had to undergo heart surgery. Read more in the NY Daily News 

Picture of the location of the first NYC fatal pedestrian accident: courtesy of Google Map

 

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accident sceneA man was killed in a box truck accident in New York City last Tuesday. Hamlet Cruz Gomez was going grocery shopping in his SUV when the driver of a stolen box truck lost control of his vehicle and crashed into the SUV.  The truck driver, Ramon Pera was behind the wheel of the stolen truck and his driving was so reckless that he struck a few other parked cars before crashing into Cruz-Gomez SUV at the intersection of  Metropolitan Ave and Rentar Plaza in Queens. Cruz-Gomez was rushed to the emergency room but he couldn’t be saved.

The 25 year old victim was a radiology technician at Montefiore Medical Center. During the covid-19 pandemic he isolated himself from his pregnant wife. He was able to return home and escort his wife to the delivery room to welcome his new daughter around a month ago. According to his family and friends Cruz-Gomez was a hard working generous man who was ecstatic about the arrival of his baby girl. They are devastated.

After the accident, the reckless truck driver, 37 year old Pera, tried to run away on foot but was arrested shortly after. He was arraigned on charges of reckless endangerment, leaving the scene of an accident, assault, manslaughter and grand larceny.

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excavation work in NYC streetsToo many construction workers are still being injured or dying while working in trenches or excavations. A new video by OSHA on excavation and trenching safety looks at previous violations and how to prevent them.

While doing excavation, construction workers are facing multiple hazards. Cave in hazard is the most dangerous one.  Unfortunately  many construction workers are injured or die in trenches because of negligence. Failure to respect excavation requirements is the 6th most common violation in the construction industry behind fall protection (general requirement), scaffolding, ladders, fall protection training and eye and face protection.

While looking at violations related to excavation and trenching the most common one is failure to protect employees in excavations with 809 citations in 2019. OSHA requires employers to set up specific protective systems such as shoring for workers in excavations however too many employers are still cutting corners as the high number of violations demonstrates.

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location of the pedestrian fatality Bronx NYCThe number of pedestrian fatalities in New York City which had significantly decreased during the coronavirus lock-down peaked back up as soon as the city started to reopen.

Yesterday night around 9:30 pm a 50 year old man who was crossing the street at the intersection of Beach Avenue and Mansion Street in Parkchester was fatally struck by a hit-and-run driver.  The man was rushed to the hospital but he could not be saved.

The Police are still looking for the driver who recklessly killed the pedestrian and sped away behind the wheel of a SUV. According to the police the driver was chasing another car when the accident occured.

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