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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The police are still looking for a hit and run driver who struck a pedestrian last Saturday around 12:30 in Queens.  21 year old Betty Jean DiBlasio was crossing Ditmars Blvd near 19th Street in Astoria when she was hit by a Chevrolet Impala.  The driver sped away leaving the young woman lying on the pavement with a severe head injury. She died later at the hospital.  Read more in the NY Daily News.

According to the Vision Zero Queens Pedestrian Safety Action Plan, 16% of Queens pedestrians fatalities happen between 12:00 and 6:00 am though less than 4% of pedestrian activity takes place during these hours. 75% of Queens pedestrian fatalities are caused by dangerous drivers choices such as speeding, failing to yield to pedestrians, red light running, distracted driving, and driving under the influence.

Queens Pedestrians Fatality

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Bicycle accidents injuries deaths NYC April 2015A man died in an accident between a bicycle and a truck in New York City. The man who was 57 years old was riding his bicycle at the Corner of Church Ave and Ocean Ave near Prospect Park in Brooklyn when he was struck by a box truck.

According to the police both the cyclist and the truck were riding in the same direction when they collided. The bike rider was run over by the rear wheels of the truck. The police found him with severe trauma to his body and he was pronounced dead upon his arrival at the hospital. Read more in the Mean Streets section of the Brooklyn Paper

For the last two years 3 people died in a bicycle accident in the month of June. Even though the Vision Zero Program includes several measures to protect bicyclists from being hurt or dying in dangerous traffic crashes the recent collision statistics published by the NYPD show no decline in deaths and injuries related to bicycle accidents in New York City.

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CO55 year old Nilda Sing was found dead in her apartment after she was apparently poisoned by  carbon monoxide fumes coming from a defective boiler. The woman was living in a basement apartment of a four-story building on Fort Hamilton Parkway near 55th St. in Borough Park, Brooklyn in New York City. She was discovered dead by her brother early Saturday morning. When the police and the firefighters arrived they detected a high level of CO in the basement and the 16 apartments of the building were temporarily evacuated. Nilda Sing’s sister who was also in the apartment but in another room with AC survived and only suffered personal injury. The origin of the deadly gas leak seemed to come from the boiler that was located just below the appartment of the victim. The boiler was not working proprely and a repair crew had been working on fixing it for the last two weeks. One of the workers didn’t comply with safety guidelines and secured the exhaust pipe with tape. The pipe burst on Friday.

Read more in the NY Daily News  and see video on New York CBS Local

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New York Personal Injury lawyer Anthony GairA bill that makes it a felony for drivers to kill or injure others while driving without a license was passed yesterday by the New York State Senate. The bill was introduced by state Senator Michael Gianaris (D-Astoria) following the death of Noshat Nahian, an 8 year old pedestrian who was on his way to school when he was fatally struck  by a tractor-trailer driven by an unlicensed driver. Our partner, personal injury lawyer Anthony Gair (picture) who is in charge of the case commented: “This is a very important bill and long over due. In this tragic case, all charges against the driver were dismissed except for driving without a licence for which he paid an $85 fine. This is outrageous in a case in which Noshat was in the crosswalk with the right of way and easily visible at the time the tractor trailer turned left striking him. Hopefully the law will also discourage commercial carriers from hiring unlicensed truck drivers.” Read more in the Times Ledger

 

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5 pedestrians died and 696 suffered personal injury in April in New York City compared to respectively 8 and 854 in April 2014 and 12 and 904 in April 2013.  Pedestrian fatalities have been declining since the beginning of this year and reached their lowest in April. The total number of pedestrian fatalities since the beginning of the year was 28 compared to 39 for the same period of 2014 and 55 for the same period of 2013.  Since the beginning of the year there was also a decrease in the number of pedestrians who suffered personal injury in a traffic accident in NYC.Pedestrian deaths and injuries NYC April 2015

2 people died and 300 were injured in a total of 300 bicycle accidents in New York City in April compared to respectively 1, 306 and 382 in April 2014 and 0, 288 and 358 in April 2013.  The number of cyclists fatalities and injuries remains elevated in the City.

Bicycle accidents injuries deaths NYC April 2015
Even though there was an unusually high number of 10 motorist deaths last April the total number of traffic fatalities in New York City since the beginning of the year is down compared to the same periods of 2014 and 2013.

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i - bus driverIn New York every year several pedestrians and cyclists die and many others suffer personal injury after being struck by an MTA Bus. In many of these accidents investigation shows that drivers were negligent and failed to yield or failed to exercise due care.  Since the beginning of the year a few bus drivers were arrested after a new Vision Zero Law made it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way.  TWU Local 100, the bus drivers Union is against this new law and would like bus drivers to be exempted from it.  This morning TWU local 100 launched a work slow down on 181st Street in Washington Heights between 7:00 am and 9:00 am to protest the law.

The flyers handed out to bus drivers by the Union (see picture) said “DO NOT TURN UNLESS THE INTERSECTION IS CLEAR!”. Isn’t that what bus drivers are supposed to do to keep NYC streets safe?

Read more in the New York Post and on Streetblog

 

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Christian GinelliChristian Genesi, a 25 year old construction worker, fell 24 stories to his death at the beginning of May  as he was riding a temporary hoist to get to the top of a hotel that was being built on 8th Ave.  The city building inspectors who have been investigating the case found out that the hoist temporarily lost power that day and that the electrical system that powered it was installed without a permit. The elevator relied on “unapproved, unsafe, unsuitable electrical equipment” that shouldn’t have been in use, documents show.New York Wrongful Death Lawyer Howard Hershenhorn

Howard Hershenhorn was quoted in the NY Daily News stating “It’s obvious that this is an enormous tragedy, which could have absolutely been prevented had basic safety measures been put in place,” he also added Ginesi wouldn’t have died “had there been safety netting, had there been safety harness and had there been a working electrical system.” “There’s blatant violations of multiple laws in the State of New York, which caused this senseless death,” he also said.

Read the complete article here

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BeforeAndAfterMINICooperSHalf a million people suffered personal injury and 1,700 died in more than 1.7 million rear-end vehicle accidents in 2012 in the US. Many of these accidents could have been avoided or at least mitigated if vehicles were equipped with collision warning systems paired with active braking systems according to a new Special Investigation Report from the National Transportation Safety Board (NTSB) entitled “The Use of Forward Collision Avoidance Systems to Prevent and Mitigate Rear-End Crashes“.  In the report the NTSB demonstrates the efficiency of such systems and criticizes the National Highway Traffic Safety Administration for not doing enough and being to slow in implementing performance standards for these technologies. The  report also notes that manufacturers have too little incentive to add these technologies to their new vehicles.

Picture: before and after a rear-end crash courtesy of Wikipedia

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As part of its investigation into the Amtrak train accident that killed 8 and injured more than 200 people, the National Transportation Safety Board thoroughly analysed the engineer’s cell phone calls, texts, data and cell phone tower transmission activity records from the phone carrier; and records from Amtrak’s on-board Wi-Fi system. This analysis indicates that the engineer was not using his cell phone while operating the train.  Read the NTSB press release

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East_Harlem_apartment_explosion_aerial_viewCon Ed says the city’s negligence caused the gas explosion that destroyed two buildings last year in Harlem. In a law suit filed yesterday, Con Ed indicates that,  over the years, the NYC Department of Transportation received multiple complaints of huge depressions in the street pavement on Park Avenue near 116th street where the two buildings exploded.”As a result of these defects in the city’s infrastructure in the vicinity of the incident, the gas facilities were exposed to and affected by leaking water, rocks, debris, sand, soil, roadway pavement and other foreign objects,” the filing says.

Read  more in the NY Daily News  

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