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 pedestrian accident in NYCA pedestrian died after being rolled over by a car backing out of a driveway in NYC. The accident occurred at 30-23 69th Street in Jackson Heights, Queens around 6:15 pm on February 2nd. The driver of a Honda backed out of his driveway, struck a 57 year old man who was standing on the sidewalk and rolled over him.  The man was rushed to the hospital but he could not be saved. His identity was not released by the police. The victim is the first pedestrian to die in a car accident in February 2020. Last month 14 pedestrians were killed in traffic accidents in New York City: 5 in Brooklyn, 5 in Queens, 2 in the Bronx and 2 in Manhattan.

The driver whose identity wasn’t released either, stayed at the scene of the accident and was not charged.

Drivers must exercise due care while backing out of a driveway especially when it is dark outside

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trucks-kills-cyclist-tweetA cyclist was killed in a truck accident in NYC last week.

41 year old Pedro Lopez is the first cyclist to die in a traffic accident in New York City in 2020. He was killed by a reckless truck driver who was making an illegal U-turn at high speed on Vandervoort Avenue in Brooklyn. The accident occured on Thursday around 2:40 pm. The cyclist was rear ended by the truck. He was rushed to the hospital where he later died from his injuries.

Despite a video showing the recklessness of the truck driver, the police didn’t charge him

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Reckless driving caused two people to die in separate car accidents in the New York area at the end of last week.

In the first accident, 39 year old Lisettte Quintanilla was driving home with her 8-year-old son when they were rear ended by a speeding drunk driver identified as 26-year-old Nicole Pollock. The accident occurred a little bit after midnight on Sunday morning. Quintanilla was driving on the Meadowbrook State Parkway. She was in the northbound lane just after exit M7 when Pollock rear ended her, causing the car to leave the road and crash into a tree. Quintanilla was rushed to the hospital where she died. Her 8-year-old son suffered a broken arm.

Pollok first tried to walk  away from the scene of the accident when the police was attending to the victims. She then resisted arrest, fought with the police and tried to slip out of her handcuffs. She was charged with vehicular manslaughter, DWI and assault. When she appeared in front of the judge yesterday she pleaded not guilty to the charges. The judge deemed her a flight risk and ordered her held in jail instead of a $200,000 bond.

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2 construction workers died after a trench collapsed in Long Island, NY. The two men were installing a septic tank for a private home located on Wolver Hollow Road in Brookville. They were 30 feet down at the bottom of the excavated area when one of the walls collapsed. Dirt and sand quickly covered the two men. First responders rushed to the rescue. They were able to recover one of the worker who was pronounced dead at the scene of the accident. As they were digging with their hands and shovels to search for the second worker, another wall started to give way. Rescuers had to promptly exit and the wall had to be secured until the search for the other man could continue.  His body was finally recovered.  The workers whose identity has not been released were 45 and 57 year old. Read more on the ABC website .

https://www.newyorkpersonalinjuryattorneysblog.com/files/2020/01/1200px-Excavation_for_installation_of_light_towers_at_the_under_construction_Mid-Day_Storage_Yard_in_Queens._CQ033_9-8-2017_37101223191.jpgExcavation is one of the most dangerous activities in the construction industry. In 2018, OSHA launched a National Emphasis Program on Trenching and Excavation in order to reduce the number of injuries and deaths related to this activity. This emphasis program was launched after a recent surge of fatalities and serious injuries related to trenching and excavating. In the fourth quarter of 2019, a contractor who failed to adequately protect his employees during excavation work was slapped with a $161,771 OSHA fine. This fine was among the top 5 highest OSHA fines for the last quarter of 2019. Thankfully nobody was injured but OSHA inspectors found out that the contractor was violating several safety requirements related to excavating work such as not having a competent person conducting regular inspections of the excavation or letting workers continue to work  in an excavation that he knew was unsafe.

In 2017, an unlicensed New York contractor was criminally charged with manslaughter after a wall collapsed on his construction site killing 18 year old Fernando Vanegaz and injuring two of his colleagues (see previous blog)

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A 91 year old pedestrian died in a car accident in New York last Saturday morning. The elderly man was crossing Canal Street at the intersection of Elizabeth Street around 6:30 am when he was struck by a car belonging to the NYC Sanitation Department.

The man was rushed to the hospital in critical condition with trauma all over his body. He later on died from his injuries.

The 61 year old sanitation worker who was driving the car stayed at the scene of the accident and was not charged.

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aerial-view-of-the-Grand-Central-Parkway-and-Cross-Island-Parkway-exit3 people died and one person was seriously injured in a wrong-way car accident in Queens, NYC. The accident took place on Saturday morning around 5:40 am. 27 year old Divante New was driving the car of 36 year old Sayquan Hallums who was in the passenger seat. They were driving the wrong way on the Grand Central Parkway near the Cross Island Parkway exit in Queens when they crashed into another car. 26 year old Megan Ann Smith who was in the passenger seat was killed. Her boyfriend who was driving the car was critically injured. The police didn’t release his identity. Megan Ann Smith graduated in 2011 from St. John’s Preparatory School in Astoria, Queens. She was an an honor student and a member of the softball team. Her family declined to talk to the media.

Foggy windshield might have play a role in the deadly accident

According to the brother of Sayquan, the Honda car driven by Divante had an old defective windshield that would fog up easily. He said that when the heat was up inside the car the old windshield would fog up so badly that only Sayquan was able to drive the car.

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Third-avenueTo reduce pedestrian and cyclist fatalities caused by cars and trucks on two of the busiest and most dangerous avenues in Brooklyn, the NYC DOT announced that the maximum speed limit was lowered from 30 mph to 25 mph. New signs are up and speed cameras have been re-calibrated on Third Ave and Hamilton Avenue in Brooklyn. The DOT decided to take action after 6 people including 3 cyclists and 3 pedestrians died in traffic accidents on Third Avenue last year. Two of them were killed in the same week in December.

The area around Third avenue and Hamilton Avenue has been changing a lot in the past years with more and more residential properties being developed. However there are still a lot of trucks coming in and out of the Gowanus, making the area particularly dangerous.

Half of the 2019 fatalities involved trucks

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41-28-MainA pedestrian was killed by falling debris in New York City. 67 year old Xiang Ji was walking on Main Street near 41st Street in Flushing, Queens Thursday morning around 9:45 am. There was a strong wind and as she walked in front of the building located at 41-28 Main Street, a piece of plywood covered with aluminium detached from the roof and fell on her.

The woman was knocked down on the sidewalk. Witnesses tried to help her until EMS arrived. She was rushed to the hospital but she couldn’t be saved.

The building owner who has 18 violations open with the DOB was slapped with another violation for failure to properly maintain the building. The DOB also required the owner of the building to erect a sidewalk shed on the top of the sidewalk to protect pedestrians from any further problems. The previous violations were mostly related to effectuating work without a permit inside the building. (Picture of the location of the accident: courtesy of Google Map)

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private-sanitation-truck-accidentA pedestrian was killed by a hit and run NYC private sanitation truck Thursday morning around 4:00. The accident took place on 86th Street and Bay Parkway in Bensonhurst, Brooklyn. According to the NY Daily News, 67 year old Deborah Mutell was found by the police lying in the street with her body split in two. She was pronounced dead at the scene of the accident. Investigators believe that after she was hit by the truck, she fell under the wheel and was dragged several feet until her body fell in pieces from the undercarriage of the truck. Investigators are still searching for the truck. Last week another sanitation truck killed a young boy and critically injured his mom.

A new and upcoming Citywide commercial waste zone system is expected to result in creating a safer environment for workers and the public alike

Sanitation trucks, especially those belonging to private companies are often very dangerous to pedestrians. Private carting companies have a bad reputation. They often operate with a blatant disrespect for the safety of their workers and of the public as well. Currently, around 90 private sanitation companies service customers all around the city. As a consequence, more than 50 individual carting companies may service a single neighborhood every day. This system not only put workers and pedestrians in danger but also pollutes the environment. It will be replace next year  by a new system.  A  Commercial Waste Zone Bill was passed a few months ago and is expected to improve work conditions, reduce pedestrian accidents and decrease pollution.

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geograph-4749794-by-John-BakerIn the aftermath of the tragic construction accident that killed Segundo Huerta and injured 5 other workers on a Bronx site in August last year (see previous blog), the NYC Department of Buildings recently released a notice to remind special inspectors, construction superintendents, design professionals, and permit holders about the requirements related to cold-formed steel light-frame construction in New York City.

Cold form steel framing is often used in low rise and mid-rise building projects. It refers to the structural frame that creates the form and support to the building.  While erecting such structures, clear procedures including properly bracing loading decks, or avoiding overloading floors with temporary construction loads must be followed to prevent collapse.

The NYC Building Code has specific regulations and requirements related to cold form steel framing. Last month, the DOB issued a service notice reminding construction professionals about it. Here are some of the main points:

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