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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ambulance at accident sceneIn the early hours of Tuesday morning, tragedy struck a bustling street near Chinatown when a fire erupted at an e-bike service store. Four lives were lost, while two others remain in critical condition. The cause of the fire? Lithium-ion batteries, which have become a growing concern in New York City due to their link to several fatal blazes.

At around midnight, a three-alarm fire broke out at the e-bike repair shop on Madison Street, engulfing the business and spreading through the building. Despite the valiant efforts of approximately 140 firefighters and emergency personnel, the blaze claimed the lives of four individuals and left two others fighting for their lives. The fire commissioner, Laura Kavanagh, confirmed that the fire was accidental and caused by a lithium-ion battery.

Lithium-ion batteries have become a common power source for various devices, including e-bikes, phones, laptops, and power tools. However, their flammability has become a growing concern as the usage of electric vehicles, especially e-bikes and scooters, has surged in New York City. Commissioner Kavanagh revealed that these batteries have been responsible for 108 fires and 13 deaths so far this year alone. In 2022, approximately 200 fires were linked to lithium-ion batteries.

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June is trench safety stand downLast April a devastating trench collapse at a construction site in John F. Kennedy International (JFK) Airport claimed the lives of two workers, Francisco Reyes, 41, and Fernando Lagunas Pereira, 28. The tragic accident occurred when the trench in which Reyes and Pereira were working suddenly collapsed, burying them under debris. Despite rescue efforts, both workers lost their lives at the scene.  This horrible construction accident highlights the need for a comprehensive review of safety practices. It is crucial for authorities, construction companies, and regulatory agencies to collaborate and conduct a thorough analysis of the incident to identify any lapses or gaps in safety procedures.

Last year in the US, 39 construction workers died in trench collapse. Trench collapse accidents are preventable and usually occur because of negligence for several reasons:

  • Lack of Proper Planning: Trench accidents can be prevented through careful planning and assessment of the work site. Negligence may arise if there is a failure to adequately plan the excavation process, including conducting a thorough analysis of the soil conditions, identifying potential hazards, and implementing appropriate safety measures.
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Queens Boulevard is dangerous for cyclistsQueens Boulevard in New York City has been historically notorious for its high number of fatal bicycle accidents and pedestrian accidents. The thoroughfare gained the infamous nickname “Boulevard of Death” due to the significant risks it posed to cyclists and pedestrians.

After almost a decade of planning, the New York City Department of Transportation (DOT)  announced that the infamous boulevard is finally undergoing a transformation with the extension of bike lanes further east into the Borough. This long-awaited project aims to improve street safety and create a more equitable transportation system. As NYC bicycle accident lawyers, we view this expansion as a positive step towards reducing accidents and promoting safety for pedestrians, cyclists, and bus commuters.

The DOT recently presented a comprehensive proposal to extend bike lanes on Queens Boulevard. The plan involves repurposing a travel lane in each direction between Union Turnpike in Forest Hills and Hillside Avenue in Briarwood. This move has been applauded by advocates who appreciate Mayor Adams’ commitment to bringing safer infrastructure to communities of color.

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Traffic accidents near JFK airportLast week 15 people were injured in a bus accident and a teenager was killed when the car she was in collided with a truck. Both accidents took place near JFK Airport, which is currently undergoing a major makeover. The aim of this $19 billion project is to rejuvenate the airport by providing modern facilities and improved terminals. However, this extensive renovation comes at a cost: roadways are being torn up and closed, resulting in significant traffic disruptions that are projected to last for several years. Consequently, various modes of transportation, including driving, public transit, taxis, and ride-hailing services, will be affected, potentially causing substantial congestion, delays, and safety concerns.

Last Friday a collision occurred between a Delta Airlines bus and a commuter van on the Van Wyck Expressway, resulting in 15 injuries. This incident serves as a stark reminder of the dangers faced by commuters in and around JFK Airport and southeast Queens. Local leaders, such as Queens Borough President Donovan Richards, have been advocating for clearer signs, speed warnings, and overall safer street designs as part of the JFK Airport overhaul. Additionally, Richards highlighted the peril of driving on North and South Conduit Avenue, where a 14-year-old girl was killed in a car accident just two days prior. The accident took place on North Conduit Avenue near 160th Street. The 14-year-old was a passenger in a BMW driven by a 16-year-old driver. The young driver, who was not supposed to be driving alone, lost control of his vehicle and crashed into a UPS truck, resulting in the death of his passenger and friend.

As predicted by Frommers, commuting to JFK airport, is currently and will continue to be a nightmare for years to come.

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Monterey garage in UWS has structural issuesThe recent collapse of a parking garage in Lower Manhattan, which resulted in the loss of a life and injuries to several individuals, has raised concerns about the safety and condition of parking structures throughout New York. In response, city officials conducted inspections of numerous garages, uncovering widespread structural problems that have been allowed to persist for years. This blog explores the findings of The New York Times’ investigation into the state of these garages, shedding light on the hazards faced by both employees and customers.

The investigation by The New York Times has revealed that serious structural issues are prevalent among parking garages across the city. Crumbling ceilings, exposed and rusting reinforcing bars, and other defects have been identified in over three dozen garages including the Monterey Garage in the UWS where the DOT documented that a 12 by 18-inch chunk of concrete fell from the ceiling. Shockingly, many of these garages have continued to operate despite the documented hazards. In some cases, inspections uncovered garages that were exceeding their capacity, with exits blocked on multiple levels due to overcrowding.

Neglected Violations

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Bicycle accident deaths NYC Q1 2023Bicycle accidents are unfortunately all too common in New York City, and the recent tragedy that took the life of Adam Uster, a Transportation Alternatives member,  is a painful reminder of the dangers that cyclists face on our streets. As bicycle accident lawyers in New York City, we know all too well the impact that these accidents can have on victims and their families.

In this case, Uster was simply riding home with his bike trailer full of groceries when he was struck by a flatbed truck that made an abrupt right turn without signaling, causing fatal injuries. The fact that Uster was in an unprotected bike lane highlights the urgent need for better protections for cyclists on our streets.

The family and friends of Uster have been calling on the city to do more to protect cyclists, and it’s clear that their voices must be heard. The statistics are alarming: there have been 111 reported crashes on the less-than-a-mile stretch of Franklin Avenue between Lafayette Avenue and Fulton Street since 2020, causing one pedestrian fatality and injuries to 15 cyclists, 14 pedestrians, and 33 motorists.

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A total of 11,176 people were injured in NYC crashes during the first quarter of 2023 according to monthly statistics from the NYPD including 809 cyclists, 2,163 pedestrians, 3,310 passengers and 4,894 motorists. This is compared to 10,501, 8,984, 12,997, 12,920, 12,608, 11,936, 10,805, and 11,676 during Q1 of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013 respectively. The number of people injured in traffic accidents during Q1 of each year shows how injuries first declined after Vision Zero started in 2014 and 2015, compared to 2013, and then jumped again in 2016. The number gradually increased to pass 12,000 in 2017 and reach a record high of 12,997 in 2019 due to the increase in distracted driving accidents caused by cellphones and other electronic devices. Crash injuries dropped again in Q1 of 2020 and 2021 due to the decline in activity in the city caused by the pandemic, and gradually increased again in Q1 of 2022 and 2023 as the city gradually became more active again.

NYC auto accident injuries by category Q1 2023
Since Vision Zero started in 2014, the number of people dying in car accidents during the first quarter of the year has never gone back to 69, the number of crash fatalities reached during Q1 2013. However, after Vision Zero started, traffic fatalities reached a record high at 58 during the first quarter of last year and remained high during the first quarter of this year with 47 fatalities.

While the number of passenger fatalities dropped significantly from 17 to 6, the number of bicyclist fatalities reached a record high during the first three months of the year. The warm winter, the increased popularity of e-bikes, as well as the more intense truck traffic generated by internet shoppers, are among the factors that contributed to this explosion of fatalities among cyclists.

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deadly traffic accidentsThe recent string of pedestrian accidents in Queens and Manhattan over the last week-end is deeply concerning as it seems that every week-end in New York City a few more people are getting killed in traffic accidents. Our pedestrian accident lawyers  are not the only one to express concerns about the increased number of traffic deaths in New York City. In a recent column for the New York Times, Ginia Bellafante  point fingers at the increased number of traffic fatalities in the city and highlights the dangers of Atlantic Avenue. Confirming these concerns, Transportation Alternatives just released today its quarterly traffic fatalities report showing 51 people died in traffic accidents during Q1 including a record 9 bicyclists.

Last weekend’s carnage

The first accident involved a hit-and-run driver who struck and killed Darryl Younger, a Department of Education employee who was on his way to work as a school lunch loader and handler. The driver who struck him was traveling south on Jackson Ave. and is still being sought by police.

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Bronx DA ClarkThree contractors have been indicted by the Bronx District Attorney’s office for manslaughter and criminally negligent homicide charges in the death of a construction worker. The victim was Segundo Manuel Huerta Mayancela, who was crushed by 1,000 pounds of debris at the construction site in 2019. 5 other construction workers suffered injury in the accident. The contractors involved in the incident have been charged for falsifying credentials, flouting safety standards and disregarding worker’s protections.

The contractors were charged for creating egregiously dangerous conditions at the building site, where they flouted building safety codes and ignored worker’s protections. According to the investigation carried out jointly by the NYC Department of Investigation and the Bronx DA, the contractors falsified credentials and permits and ignored oversight requirements, creating a dangerously unstable structure that led to Mayancela’s death.

The Bronx DA, Darcel D. Clark, said that the death of Segundo Manuel Huerta Mayancela was entirely preventable and that the construction site was a death trap waiting to happen. She emphasized that workers are not expendable, and anyone who puts construction workers at risk in an already hazardous profession would be held accountable. Clark also highlighted that the case predates the Carlos’ Law, which was enacted to create greater accountability for tragic and avoidable injury to workers at New York construction sites and increase penalties for criminal corporate liability for the death or serious physical injury of an employee.

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parking garage collapses in NYCOn Tuesday afternoon, a parking garage on Ann Street in Lower Manhattan collapsed, resulting in the death of one person and injuring five others. The collapse caused cars to pancake on top of one another, sending rubble from the top deck down to street level. Videos and pictures from the scene showed the extent of the damage, with dust rising from the wreckage.

As premises liability attorneys in New York City, it is alarming to see accidents like this happen. It is the responsibility of property owners to ensure that their premises are safe for those who use them, including visitors and employees. The collapse of the parking garage raises questions about the safety measures in place, maintenance of the structure, and whether there were any prior warnings of potential issues.

The building had open violations dating from 2003

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