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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OImage result for hoboken train terminalne person died and around 100 were injured in a train crash in Hoboken, just across the Hudson River from New York City. The train entered the terminal at high speed, crashed into the barriers and jumped onto the platform. The accident occurred yesterday morning during rush hour. Thousands of commuters were crowding the station. The impact was so strong that the concourse inside the terminal was torn apart. The ceiling fell onto the locomotive.

34 year old Fabiola Bittar de Kroon had just dropped her 18 month old child at a day care center and was waiting at the terminal to catch a train. During the accident, she was fatally hit by debris. A little more than 100 people were also injured by flying debris. More than 70 of them had to be transported to the hospital to be treated.  The young woman who was killed was a Brazilian lawyer. She had just moved to the United States a year ago to be with her husband, a businessman who had recently been relocated to New York by his company. De Kroon’s husband, Dann,  was in Pennsylvania for his work when the accident happened. He rushed back to the city to pick up his daughter at the day care center. He was clearly distraught. He asked the owner of the center  “How do you tell an 18-month-old that her mother is gone?”

The terminal was closed to the public Today as federal investors are inspecting the site of the train accident. The National Transportation Safety Board is turning its attention to the train engineere, Thomas Gallager, to better understand what he was doing during the crash.  Gallager who was rescued from his crumbled cabin, is fully cooperating. Gallager has been a train engineer for 29 years. According to his neighbor, Gallager wanted to be a train engineer since he was a kid and was enthusiastic about how much he loved his job.

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A pedestrian was fatally hit by a car in NYC on Friday night. 28 year old Francis Perez a Sheepshead Bay resident, stepped out of his house around 8:00 pm. He went to a nearby grocery store. He bought snacks for his son and his girlfriend. On his way back, he crossed Avenue V between Ford and Coyle Street. A car hit him at high speed. He flew in the air. A witness ran and gave him CPR. It wasn’t enough. The ambulance took him to the hospital where died there from his injuries. He left behind his girlfriend, Sandra Mcillwain, and their 8 year old son Francis JR. The police are still looking for the hit and run driver who killed him. Read more in the NY Daily News.

A Google aerial picture of the location of the accident shows that there are several stores and businesses on Avenue V between Coyle Street and Ford Street. It also shows that there are no pedestrian crossings despite commercial activities.

aerial picture of Avenue V

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daLeft turn accidents in New York City kill or severely injure pedestrians and bicyclists 3 times more than right turns. These findings are part of a study focusing on left turn crashes that was recently released by the NYC DOT.  As part of Vision Zero, the DOT carefully analyzed 1,105 crash reports over a period of 5 years.

The most dangerous intersections for left turns are those when a vehicle is turning left from a one lane and one way street onto a two way and two lane street wider than 60 feet. When a driver makes a left turn in this type of intersection, his visibility of pedestrians is limited. Additionally, the driver often pressured by traffic behind him, has to find gaps between the incoming traffic and the pedestrians crossing.

The study also found that victims of left turn accidents are mostly pedestrians with a median age of 67. They are most commonly hit by cars, vans or pickup trucks.

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accident sceneA reckless driver fatally backed up into a pedestrian in Manhattan. The 41 year old man was driving North on Third Ave. As he was crossing E. 71st Street, he suddenly stopped in the middle of the intersection. He then proceeded to back up toward a parking spot. As he was doing so, 83 year old Lee Strong, a Upper East Side resident, had just started to cross the street in the crosswalk. The driver didn’t see her and backed into her.  She was knocked down and suffered severe head injuries. She was transported to the hospital in critical condition. She died of her injuries one day after being admitted. The driver stayed at the scene of the accident. The police have not made a decision yet as to charge him or not.  Read more in the NY Daily News

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truck speeding1,000 people die in truck accidents related to speed every year in the US. If truck drivers weren’t able to drive faster than 60 mph, the NHTSA estimated that half of these people would be alive. For almost 10 years most trucks in the world have been equipped with electronic technology that can limit their speed but so far US truck operators have not been legally required to use this system. Few of them are using them. Schneider National, a truck carrier from Wisconsin is one of the only companies to use them on all its trucks for two decades. Traffic safety advocates and industry trade groups have been pushing for truck and bus companies to use this safety device for years.

Finally last month, the NHTSA released proposed rules to mandate electronic speed limiters in all trucks and buses with a weight equal or bigger than 13 tons. The NHTSA is not sure yet if they also want to apply these rules to the vehicles already on the roads. They are also hesitant in the choice of the speed limit. Should it be 68 mph, 65, mph or 60 mph? Traffic safety advocates want the lowest speed because it potentially saves more lives but independent truckers who are paid by the number of loads delivered see the speed limiter as a decrease in their income. They argue that a truck that goes slower than the rest of the traffic also causes risks of accidents.

In the Canadian provinces of Ontario and Quebec, electronic speed limiters are mandatory and must be set at 65 mph. In Europe, electronic speed limiters have been mandatory since 1993 for big trucks of 13 tons and more. The European Commission is planning to introduce the same regulation for smaller trucks as well.

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construction workerThe New York City Department of Buildings announced earlier this year that 12 people died in  construction accidents in New York City in 2015 but the real number is 18. According to a recent article in Crain’s, the New York City Department of Buildings only counts deaths that are related to a violation of the city’s construction code.

Despite being featured by media and investigated by OSHA, all other deaths on NYC construction sites are not counted as construction accident deaths  in the DOB statistics. This obviously doesn’t make much sense. The DOB numbers are a distorted indication of the level of safety on New York construction sites.

Among the deaths that the city didn’t count were a hard hat who fell to his death in an elevator shaft,  a safety coordinator crushed by a crane, a worker who fell from a ladder and a truck driver who was sucked into a concrete truck shaft. Following these deaths, OSHA issued safety violations for each case. However the DOB didn’t and also didn’t add them to the total number of New York City construction accident deaths in 2015.

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cyclists in New YorkBicycle accidents in New York City have killed more people in 2016 than in previous years. A recent article in the NY Daily News looks back at some of the accidents that occurred this year and how they could have been prevented.

Many fatal accidents took place in areas that have been designated by  Vision Zero  programs to be re-engineered because they were too dangerous for bicyclists and pedestrians. Unfortunately not every community board is pedestrian and bicyclist friendly. Some of the deadly bicycle accidents occurred in areas where community boards rejected Vision Zero projects to make streets safer.

When asked to comment about the steep increase of bicyclists dying in traffic accidents in the city, the Department of Transportation replied that the streets of New York City have never been as safe as Today. Statistically, compared to the estimated number of  daily bike rides, the number of severe injuries or deaths related to bike accidents is at its lowest.  According to DOT calculations cyclists were 72% safer in 2014 than in 2000. The DOT estimated that in 2014 420,000 people were riding a bike everyday in New York City. That is almost triple the amount of  2000.

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New York City has one of the highest rates of traffic fatalities and serious injury in America and in the World. When looking at deaths only, NYC has a lower rate of traffic fatalities than its American peer cities. However when compared to other international cities such as Hong Kong, London or Stockholm, New York is still lagging behind.

traffic fatalities and injuries rates for selected cities
It is time for New York to improve these numbers! The NYC Department of Transportation just released its Strategic Plan 2016. A lot of focus is being directed to traffic safety and protection of bicyclists and pedestrians but is it enough?

Vision Zero continues to be the main program in terms of safety. The goals of the strategic plan 2016 is to integrate the program across all agencies and to improve data and analytics  related to Vision Zero objectives.  Street engineering is planned to continue in every boroughs, on high crash arterial roads and on roads to schools or near senior centers. The campaigns of awareness and education will continue. Among the new initiatives, the DOT will focus on evaluating left turn safety plans and implement recommendations from a previous study on bicycle fatalities and injuries. The DOT will also try to expand the speed camera enforcement which has proven to be very successful. The DOT will also push for mandatory seatbelt use, tougher regulation for drugs while driving, better data sharing with The NYPD in regards to crashes and work on new technologies to reduce crashes.

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accident sceneA 63 year old pedestrian was fatally hit by a car in New York. Barney Pink, an army veteran was crossing Morningside Ave mid-street near 124th street in NYC around 7:40 pm when a car hit him. The driver stayed at the scene of the accident. Barney Pink was rushed to the hospital but he could’t be saved.  Read more in the NY Daily News

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New York Construction SiteNew York has the sixth lowest construction worker injury rate in the U.S. according to the Bureau of Labor Statistics. Despite being among the safest cities for hard hats, working on a New York City construction site remains one of the riskiest occupations in the City.

According to “The price of Life, 2015 report on construction fatalities in NYC” released by The New York Committee for Occupational Safety and Health (NYCOSH), construction work accounts only for 4%  of employment but for 20% of occupational fatalities in New York State. As in the rest of the nation, falls to a lower level are the number one cause of death on New York construction sites. Almost half of the fatalities on NYC construction sites are related to falls from Heights.

Roofing and siding workers doing construction work at an elevation are the most at risk of a fatal fall.  These workers are often working in an unsafe environment. 80% of New York roofing and siding contractors who received a visit from an OSHA inspector between 2010 and 2012 received violations.

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