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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Since 2011 the number of construction workers who died in a fall accident increased by 45% according to the recent report “Trends of Fall Injuries and Prevention in the Construction Industry” released by the The Center for Construction Research and Training.

The report focuses mostly on data from 2011 to 2017 and found that despite a slow down in construction accident fatalities between 2016 and 2017, the number of deaths related to fall accidents continued to rise. 389 construction workers fell to their death in 2017 compared to 388 in 2016.

construction deaths and fall deaths 2003 to 2017
Among the 389 fall fatalities, 367 were to a lower level. Falls from roofs are the most common and account for approximately one third of the fall fatalities. Falls from ladders are the second most common causes of fall fatalities and account for approximately a quarter of them.  All in all falls from roofs, ladders and scaffolds account for more than 70% of all falls to a lower level.

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cyclist-nyc-e15620847726003 people died in bicycle accidents in NYC during the last 7 days.

Last Monday Robyn Hightman, a bike courier, was fatally struck by a truck on 6th Ave near 25th Street. Both the truck and the cyclist were heading in the same direction when they collided. The truck driver first didn’t stop but then returned to the scene of the accident after a witness in another car told him he hit someone. the driver told the police he didn’t know he hit the cyclist. Police said the driver was let go after he was hit with five summonses. The driver, 54 year old Antonio Garcia said it was the first time he had an accident since he started to work for his employer 14 years ago. However a look at the Howsmydrivingnyc.com indicates that the truck was hit with 83 violations since 2015 mostly for parking but also for speeding. A vigil was organized for Robyn during which hundreds of cyclists gathered and expressed not only their sadness but also their anger at authorities that are doing very little to hold drivers accountable. Robyn was the 12th cyclist in New York City to be killed in traffic this year.

Last Thursday night  around 9:00 pm, 57 year old Ernest Askew was fatally struck by an 18 year old driver on Sutter Avenue near Chester in Brownsville, Brooklyn. The car driver wasn’t arrested. Brownsville which is a low income community of color doesn’t have any protected bike lanes and there are not many efforts being made in regards to street safety. Cyclists share wide roadways with cars and speeding is common. At a vigil for Ernest Askew yesterday evening activists asked the city to address the lack of equity in low-income communities of color when it comes to protected bike lanes and street safety.

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SUV involved in the fatal hit and run accidentA pedestrian was killed in a hit and run accident in NYC on father’s day. Christopher Nieves, a 37 year old dad was struck by a brown 2004 Chevy Tahoe with a New York plate reading CRR 5224 and a sticker that says “Salt Life” on the rear window.  The police are now looking for the person who was behind the wheel of this SUV. The accident occurred a little bit after 6:00 am on father’s day. Christopher Nieves was trying to hail a cab when he was struck by the SUV speeding down the street. The driver never stopped. At the time of the accident, Christopher was with two friends who tried to pull him back when they saw the SUV but it was too late.

Nieves was rushed to the hospital but he couldn’t be saved.

Anyone who has information about the driver can contact Crime Stoppers at (800) 577-TIPS.

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Trench and excavation accident prevention infographicConstruction workers who are working in trenching and excavation are exposed to extremely dangerous hazards resulting most of the time from collapse. According to the Bureau of Labor Statistics, 130 hard hats died in trenching and excavation accidents between 2011 and 2016.

Half of these fatalities occurred between 2015 and 2016.

Among the 130 dead workers, 104 were working for the private construction industry and among them 40 died at industrial places and premises, 39 died at private residence sites and 21 died at streets or highways construction sites.

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Location of the fatal accident caused by drunk driver Upstate NY3 people died and 6 were injured in a car accident in Upstate New York on Sunday morning. The victims were all members of the same family and were on their way to Niagara Falls. They were all riding in a Kia Sedona minivan when they were T-boned by a drunk driver who blew a stop sign in Sheldon, a small town in Upstate New York.

Among those who died were 4 year old Kiara Hernandez, her mother, 32 year old Mayelin Broti-Castro and her grandmother, 47 year old Ondina Castro de la Cruz. 6 other family members all from Perth Amboy, NJ, were also injured in the crash and taken to the hospital. The driver was identified as 20 year old Richard Sawicki. He was also injured in the accident, transported to the hospital and later on taken into custody where he is being held in lieu of $200,000 bond. He is facing vehicular homicide, DWI and reckless driving charges. He is due in Court on June 10.

Drunk Driver blew the stop sign

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Location of the fatal motorcycle accident in Brooklyn NYCA 28-year-old man was killed in a motorcycle accident in New York City, early Monday morning. He collided with a car driven by a 24-year-old drunk woman who was driving without a license.

Alexander Evron was riding his Kawasaki motorcycle South on Ocean Parkway around 3:55 am when he collided with an Infiniti car driven by Jasmin Morales-Cruz.

The motorcyclist was thrown off the bike. He was rushed to the hospital but he couldn’t be saved and was pronounced dead upon his arrival.

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Location of the fatal pedestrian accident in HarlemA NYC pedestrian was among the several people who died in New York traffic accidents during this Memorial Day Holiday. 55 year old Leon Frazier was crossing the street when he was hit by a car making a left turn from W. 112 Street onto Malcom X Boulevard in Harlem. The pedestrian died at the scene of the accident. The 27 year old driver stayed at the scene of the accident. The accident occurred early Saturday morning around 4:00 am in an area which is known to be dangerous. According to statistics, 2 cyclists, 4 pedestrians and 13 motorists were injured in 25 accidents last year in this area.

Read more in Street Blog

Satellite view of the location of the accident courtesy of Google Map

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New York Construction workersConstruction workers fatalities and injuries are on the rise in New York City. The boom in construction has lead to a shortage in experienced construction workers and as a result many contractors have been hiring workers with less or little experience without providing them proper safety training.  To reduce the number of injuries and deaths on NYC construction sites and make sure every construction worker is proprely trained about safety, the New York City Council introduced  new legislation “NYC Local Law 196”  that increases the minimum number of training hours for a construction worker to 59 hours.

What does NYC Local Law 196 mean for construction workers and contractors?

NYC Local Law 196 is being implemented in 3 phases

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Location of the fatal pedestrian accident Little Italy New YorkA pedestrian was fatally struck by a taxi in New York on Saturday afternoon. The accident occurred on a busy and sunny Saturday afternoon in Little Italy, Downtown Manhattan. Around 4:00 pm a woman in her 80ies whose identity wasn’t revealed was crossing Broom Street in the crosswalk when a taxi making a left turn from Center onto Broom Street struck her. She was rushed to the hospital with severe personal injury. She was pronounced dead when she arrived there.

The cab driver, 44 Bouchouata Miloudi, stayed at the scene  of the accident. He was charged with failure to yield to a pedestrian and failure to use due care.

https://www.youtube.com/watch?v=3Oz_3NPX_DI

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Prospect park bike lanes5 bicyclists, 15 pedestrians and 201 motor vehicle occupants were injured and 1 pedestrian died  in traffic accidents on Flatbush Ave between Grand Army Plaza and Ocean Avenue from 2013 to 2017. This section of Flatbush Avenue was identified by Vision Zero as a priority corridor and the DOT proposal to install a protected bike lane was recently unanimously supported by the members of the Community Board 6. Work is scheduled to start this summer.  This segment of Flatbush Avenue connecting to Grand Army Plaza, Prospect Park, The Brooklyn Public Library,  Brooklyn Botanic Garden and the Brooklyn Zoo is being used by an average of 500 bicyclists a day during the week-end and 350 during the week. It is also one of the busiest bus routes and more than 1100 vehicles per hour cross it at peak hours.

The DOT proposal should not only lead to a decrease in bicycle accidents but also improve bike  access to Prospect Park and on-street bike network

According to the DOT, the Prospect Park edge condition is ideal for two-way protected bike lanes that would provide 2-way routes around the park compared to one now and also provide alternative routes at night time when the park is closed.  Another protected bike lane project is in development for the segment of Ocean Ave that is at the edge of Prospect Park and the DOT is studying options to install bike lanes on Parkside Avenue and Prospect Park SW (see illustration).