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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train accident fireAlmost a year ago 6 people died and 15 others were injured (including seven severely)  in a Metro-North train accident  between the Valhalla and Mount Pleasant stations in New York.  The Valhalla railroad accident that happened on the evening of February 3rd 2015 was the deadliest in Metro-North history.

Ellen Brody, a mother of three was driving her SUV through the Commerce Street rail crossing in Valhalla. The vehicle got stuck inside the crossing gate when it descended. The approaching Metro-North train engineer spotted her too late and crashed into her vehicle. She was killed in the accident along with 5 other train passengers who were sitting in the lead car of the train. An alleged defective third rail became dislodged and entered the first car of the train. Investigators believe the fuel from the car combined with the sparks of the dislodged third rail ignited the fire that ravaged car 4333 (see picture from the National Transportation Safety Board Investigation on the left).

Our partner, NY train accident attorney Howard Hershenhorn is representing the wife of one of the victims. Last week he filed a negligence lawsuit against Metro-North and its engineer Steven Smalls Jr. as well as the town of Mount Pleasant. The lawsuit lists multiple reasons for the defendants alleged negligence. Among them:

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A truck fatally  struck a bicyclist in Brooklyn, NYC. The truck accident happened yesterday at 5 pm in Sheepshead Bay. 54 year old Reng Can Ma was riding his bicycle westbound on Avenue U near Ninth Street.  A truck driver who was riding in the same direction passed him to closely and hit him. The truck driver didn’t stop. Witnesses believe his truck was so big that he may have not realized that he hit the bicyclist. The police are still looking for him. They have released a surveillance video showing the truck passing the cyclist seconds before the accident. The truck was a large Ryder truck with Indiana license plates. Several people who witnessed the accident ran over to the victim and tried to help him but there was little they could do. The man was lying in the middle of the street and wasn’t moving. According to a witness he was bleeding from the head and he was confused. He was rushed to the hospital where he was pronounced dead. Read more and see video on ABC7 NY.

Avenue U is Brooklyn’s second Chinatown. It’s a neighborhood that has been developing fast recently. More and more Chinese food markets, bakeries nail salons and electronic stores are opening between Coney Island Ave and Ocean Ave. The traffic has increased as well and numerous complaints have been reported on the Vision Zero map by concerned residents. The Vision Zero map that was used to define the City’s Vision Zero borough safety action plans shows that Sheepshead Bay residents were worried about the safety of Avenue U. Most of the complaints are related to double parking. Residents reported that there were constantly cars double parked on both side of the Avenue.  Jay walking was also reported on several spots. Additionally complaints of running red lights, failure to yield to pedestrians and illegal U-turns were also reported by some residents.

Avenue U

 

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Brown25 year old Stephen Hewett Brown was killed by a malfunctioning elevator in New York seconds after he saved a mother from being killed herself. New Yorkers moved by the terrible accident helped the family raise almost $14,000 for his funeral. On New Year’s Eve, Brown was in an elevator at 131 Broome on his way to a party on the 25th floor of the building. When the elevator reached the third floor, 43 year old Erude Sanchez stepped out to exit. At the same time the elevator started moving down. Brown immediately understood what happened and pushed the mother into the hallway, protecting her from injury and maybe death. Unfortunately seconds after he pushed the woman to safety he was pinned between the elevator’s roof and the third floor entrance. According to the 10 witnesses who were also trapped in the car, the elevator doors kept opening and closing on him when he was screaming that he couldn’t breath.

According to the New York City Department of Building records, the elevator at 131 Broom Street was defective at the time of the accident. The building had 3 open violations for failure to correct defects in the elevator going back to 2012. Last August, the owner of the building, Grand Street Guild East HDFC, received two Environmental Control Board Violations for failure to maintain the elevator in a code complaint manner. the hearing on that case was schedule the same day of the fatal elevator accident.

Dashia Impaeriali who was the president of the building tenants association from 2006 to 2011 told the NY Daily news that she wasn’t surprised by the accident. She explained that the elevator would sometimes jump several floors and go up and down without reason.

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a 68 year old pedestrian died after being hit by a SUV in New York. The car accident happened last Thursday on the Upper East Side of Manhattan. Andrea Kremen from Fort Lee (NJ) was crossing York Ave at East 78th Street in Manhatten when she was hit by a SUV. The SUV was making a right turn onto York. According to a witness the impact was so strong that the victim was thrown 70 yards away from the the initial impact. Witnesses rushed to help the woman before the FDNY arrived. She was bleeding heavily and was rushed to the hospital in cardiac arrest. She didn’t survive. Read more in the New York Daily News

Last year a total of 133 pedestrians died in car accidents in New York City compared to 139 in 2014. This is is the lowest number of pedestrians killed in traffics accidents in New York City in a year.  This decreasing trends in pedestrian fatalities in the city can be credited to the Vision Zero initiative launched in 2014 by the mayor de Blasio administration. The installations of speed cameras and the lowering of the city default speed limit are some of the measures that have helped in reducing the number of pedestrian deaths.

Safer street redesign by the DOT such as the creation of slow zones in residential neighborhoods, the redesign of many dangerous intersections in the city as well as the creation of arterial slow zones also  contributed to make streets safer for New-Yorkers.

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A 29 year old pedestrian died after being struck by a hit and run driver in New York on Friday night. The accident happened in Midtown Manhattan on the FDR Drive next to the 34th street exit. The police are still looking for the driver. The victim was transported to the hospital were he died. Read more in the NY Daily News

Last year from January to December NYPD  recorded 38,000 hit and run incidents. In 4,000 cases victims were left injured on  the road. In 48 cases the victims were severely injured or died in the accident. The police arrested 28 people who were related to these 48 cases (read more in Capital New York)

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A pedestrian died in a car accident in Brooklyn, NYC last Thursday. The driver was charged with failure to yield and failure to exercise due care and issued a desk appearance ticket.  The victim is a 77 yearl old woman. She was crossing the road at E. 21st Street and Gravensend Neck Road in Sheepshead Bay when a van making a left turn hit her. The driver 23 year old Zafrom Ghafoor was driving South on E. 21st Street. He drove thru a stop sign before making the left turn. If he had stopped he would probably have seen the elderly woman and the accident could have been avoided.

Earlier during the day, a 67 year old female pedestrian was severely injured after being hit by a car in Queens, NYC.  The accident happened at the intersection of 39th Street and Queens Blvd in Sunnyside, Queens, NYC. The driver was making a left turn when he hit the victim. He said he didn’t even see the victim. The woman was severely injured and her leg was partially amputated at the right ankle according to the FDNY.

That same day a 31 year old bicyclist crashed into a 65 year old pedestrian in Brooklyn, NYC. The pedestrian was crossing 60th street at Eighth Ave in Sunset Park when the bicyclist plowed into him. Both of them were injured and taken to the hospital. The pedestrian who suffered head trauma was in critical condition. The bicyclist only suffered minor injury.

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MTAAfter a pedestrian died in a New York City bus accident, officials announced that the driver was arrested under the city’s Right of Way Law. The fatal bus accident happened a week ago in Brooklyn, NYC.

62 year old Eleanora Shulkina was crossing East 17th Street near Avenue Z. The woman was in the crosswalk when she was hit by a MTA bus making a left turn on Avenue Z. She was rushed to the hospital in critical condition. She didn’t survive her injuries and died shortly after.

The bus driver, 52 year old Wayne Alman, stayed at the scene of the accident. He wasn’t immediately charged. However yesterday officials announced that they had arrested the bus driver. He is charged with failure to yield to a pedestrian, a misdemeanor under the newly signed Right of Way Law.

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One man died and another one was critically injured in car accident in Queens, New York City. Monday early morning, 30 year old Jorge Bermudez was driving his car on Laurel Hill Blvd with a passenger at his side. As he was near 49th street just under the Brooklyn Queens Expressway in Maspeth, he lost control of the vehicle. The car slammed into a median and both the driver and the passenger got pinned inside. Witnesses reported that the crash was very loud. The victims were rushed to the hospital where Bermudez died. Read more in the NY Daily News

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Daniel+Pollack-1In a recent article about the media coverage of child fatalities when a human service agency is involved, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City questions the fairness of the press. After reviewing many articles from previous years related to these type of cases, Professor Pollack is questioning the ethics and the integrity of  some journalists. He concludes that “without a fair press we risk inadvertently prejudicing the justice system later on. The guilty may go free, and the innocent may suffer undeserving penalties or miss their opportunity for compensation”.

The complete article can be downlodad here

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NicodemusOne pedestrian died and two others where injured yesterday night in Brooklyn, NYC, after an unlicensed driver lost control of his vehicle and jumped the curb. Yesterday around 5:30 pm, 30 year old Victoria Nicodemus was walking with her boyfriend on a sidewalk of Fulton Street near South Portland Street in Fort Green when a SUV jumped the curb and hit the two of them as well as a 75 year old female pedestrian. Victoria died and the two others suffered personal injury.

Marlon Sewell, the driver, didn’t realize that there was a bus stop nearby and that the bus in front of him was about to stop. He swerved to avoid it and jumped the curb killing one and injuring two. He was arrested by the police and was charged with aggravated unlicensed operation of a motor vehicle and  operating a motor vehicle without insurance. Read more in the Gothamist

Later on, disturbing footage of a surveillance video was released showing a woman that happened to be steps away from the crash looking at the victim and then continuing to walk down the street eating her pizza, unfazed after the crash.

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