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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Kelly Hurley, The 31 year old woman who was critically injured in a bicycle accident in New York (see previous blog) didn’t survive her injury. She was taken off life support a few days ago and passed away.

Kelly was heading North on First Ave in Manhattan when a truck making a left turn onto East 9th Street hit her. She had the right of way. Despite violating the right of way law, NYPD announced today that they only issued a summons to the driver for “not having a cross over mirror”. The police also blamed the victim and said that “the victim sadly slipped off her bike”. (see DNA info)

The police were observed ticketing bicyclists one block away from the fatal accident scene.  (see the Gothamist)

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A construction worker was fatally struck by a bulldozer in Red Hook, NY last week. Susan M. Coons of Elizaville in Columbia County was working on a field leveling project for Jeff Decker & Son with another construction worker. 45 year old Kenneth Bendix was operating the 18-ton bulldozer. He struck her as he was moving the machine to make a minor adjustment to the blade.

The woman was transported to the hospital but she didn’t survive.

Read more in the Poughkeepsie Journal  

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diatracted driving accidents prevention poster

Just is all it takes

In New York Sate, car crashes involving distracted drivers killed 160 people and injured more than 33,000 in 20015 according to a study from the Institute for Traffic Safety Management and Research that was published a few months ago. The study estimates that around 20 to 22% of the fatal car accidents in New York State are related to distracted driving. The problem is not only in New York but all over The United States.  Nationally during the whole year of 2015, 3,477 people died and 391,000 were injured in distracted driving accidents.

April is “Distracted Driving Awareness Month” and during the whole month the National Safety Council (NSC) is campaigning to crack down on this epidemic. The NSC invites organizations and communities to share information about distracted driving. Various material is available to download on their website.

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Location of the fatal New York Construction AccidentA man died in a construction accident in New York yesterday morning. According to Rick Chandler, New York City Building Commissioner, the death was completely preventable.

The fatal fall occurred around 11:00 am yesterday on a construction site located at 1604 Broadway, near West 49th Street in Time Square, New York.

59 year old Jose Cruz, a native of The Dominican Republic living in Sunset Park, fell 18 feet to his death from an I-beam near the second floor. The accident occurred as he was helping remove part of a steel deck from a slab. Despite working at heights he wasn’t wearing proper fall protection equipment.

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accident sceneA 25 year old man died in a car accident in New York City around 4:00 am this morning. The man was riding a car driven by a 22 year old driver who may have been drunk or high according to the police. The car had  a Taxi & Limousine Commission license plate. So far it is not clear if the passenger knew the driver or if he was a customer.

As he was attempting to exit the Bronx River Parkway at East Gun Hill Road in the Bronx, the driver lost control of his vehicle and crashed into a concrete wall. Speed may have been a factor contributing to the accident as well.

Both the driver and the passenger where rushed to the hospital. The passenger didn’t survive. The driver is in critical condition.

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A 21 year old man died and several other people were injured in a car accident in NYC last Saturday night.

Around 8:30 pm, 37 year old Terrance Smith was driving his car on Powell Street in Brooklyn, NYC. He was speeding while at the same time arguing with his passenger.  As he approached the intersection of Glenmore Ave in Brownsville he hit 21 year old Michael Joefield who was rollerblading in the street.  The impact of the accident was so violent that the roller-blades were ejected from Michael’s feet and flew into the window of a nearby van.

Michael’s body got stuck under Terrance’s car but he didn’t stop. He continued on his way dragging the body under his car and slamming into two others vehicles and into a stop sign.

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A man died in a truck accident in New York City yesterday. The accident occurred yesterday afternoon on the parking lot of Decorama Building & Plumbing Supplies on Metropolitan Ave in Williamsburg, Brooklyn, NYC. A 32 year old customer who was backing up hit 63 year old Hou Li with his flatbed truck. Hou Li, a 63 year old man who was working for Decorama Building & Plumbing Supplies died at the scene of the accident.

Read more in the NY Daily News

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Are cell phones and other electronic equipment to blame for the recent spike in pedestrian deaths all over America?

GHSA-Pedestrian-3According to a report prepared by by Richard Retting of Sam Schwartz Transportation Consultants for the Governors Highway Safety Association, projected pedestrian traffic fatalities in the US for 2016 increased by 11% compared to 2015 and by 22% compared to 2014.  This is the biggest increase in pedestrian fatalities in 40 years since national statistics started to be recorded. The second biggest increase was recorded in 2015.

Pedestrian deaths represented 11% of all traffic accident deaths in 2006. They now represent 15% of them.

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An 87 year old pedestrian who was hit by a SUV in New York a few weeks ago died from his injuries yesterday according to the police. The man was crossing Grand Street in the Lower East Side around 6:40 pm on March 7th when he was hit by a SUV.  The pedestrian was first hit by the front bumper. He then slammed into the windshield and collapsed. He was rushed to the hospital where he died from his injuries 20 days later. Read more in the NY Daily News 

During the winter months when the sun goes down around 4:30 pm in New York, statistics show an increase of 40%  in pedestrian fatalities. Pedestrians killed are mostly seniors. In an effort to reduce these fatalities, Vision Zero launched the Dusk and Darkness Safety initiative last November.  Over the 3-month period of November 2016, December 2016 and January 2017, 39 pedestrians died in car accidents, compared to 46 for the same period a year earlier, 28 for the same period two years earlier and 54 for the same period three years earlier just before the launch of Vision Zero.

If we compare the recent numbers to a year before, statistics show a decline. However if we compare the same numbers to two years before, the number of fatalities increased despite the Dusk & Darkness Safety Initiative. Too many elderly pedestrians are still dying in traffic accidents and more needs to be done to protect them.

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NYPD logoGiovanni Nin died in a bicycle accident in NYC last June in the Bronx, NYC. The driver who hit him fled the scene of the accident. 11 months later the police arrested him. On June 11 2016, Giovanni was heading for a nap at his girlfriend’s between two shifts at Fedex.  It was around midnight. As he was riding his bike on East Tremont Avenue he was hit by a BMW SUV. The driver left him dying on the street. The police identified the car but the car owner, 44 year old Victor Pelaez declared his car stolen. He told the police he wasn’t behind the wheel during the accident. However cell phone records showed that Pelaez was near the scene of the accident when it occurred. Pelaez was also seen by an NYPD detective driving the supposedly stolen car on August 10. He was arrested last week and charged with leaving the scene of an accident resulting in death. Read more in the Gothamist

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