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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brNew York Personal Injury Lawyer Ben Rubinowitz has extensive experience representing the families of pedestrians and cyclists who have been killed or severely injured by negligent motorists in New York. Recently Ben tried a wrongful death case in The U.S. District Court for The Southern District  of New York, in which the Court held the Federal Government %100 liable and awarded monetary damages estimated to be approximately $5 million for lawyer Nat Dershowitz in a successful civil case against the driver of a U.S. Postal Service Truck that struck and killed his wife(see prior blog). Ben also represents Dana Lerner, the mother of 9 year old Cooper Stock who was hit by a taxi driver as he was in the crosswalk with his father resulting in his death.  In a recent article in NY Press Ben reflects on a recent decision by Manhattan DA Cyrus Vance Jr. to charge a  motorist who killed a pedestrian  in the Bowery with manslaughter.

Read the article here

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Shulem Benyosef suffered fatal injuries after he fell from a ladder at a construction site in Brooklyn, NYC. the 44 year old man was married and the father of two children. He was working on a rooftop at 449 20th Street in Windsor Terrace in Brooklyn when the accident happened.  Shulem was standing on the ladder when he fell from at least 30 feet. Paramedics found him on the ground with serious head trauma. He was transported to the hospital where he later died from his injuries.

Read more in JP Updates and  the NY Daily News

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Heat map Cross Bay Blvd and Liberty AveAn 88 year old woman was killed in  a car accident in Queens, New York. The woman was driving North on Cross Bay Blvd at Liberty Ave when she hit a pillar of the elevated A line subway train tracks.  She suffered critical injuries and died 4 days later at the Hospital. The Police are still investigating the cause of the crash. The NYC Crash mapper heat map shows that the area is a dangerous spot where many accidents have occurred in the past. Between August 2011 and February 2014 44 collisions happened there and 5 pedestrians, 1 cyclist 4 passengers and 5 drivers suffered personal injury.

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A doctor who prescribes opioids to a patient with a history of abuse, fails to closely follow up with a patient who exhibits addictive behavior or disregards family concerns or warnings from other professionals such as pharmacists or primary physicians could face medical malpractice  and/or wrongful death litigation, criminal prosecution, and a disciplinary proceeding by the State Medical Board.

In New York City, deaths related to opioid analgesics have increased 256% from 2000 to 2013 in Manhattan, Staten Island and the Bronx are the most affected of the 5 Boroughs. To fight this epidemic, the New York Sate Department of Health is launching a Bronx detailing campaign during which representatives will visit more than 1000 doctors to educate them about about safe and judicious opioid analgesic prescribing. A similar campaign in Saten Island in 2013 lead to a reduction of 29% of overdose deaths from opioid analgesics.

Read the press release from the New York Health Department

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A health condition problem is at the origin of  a fatal car accident in Long Island, NY.  92 year old Joseph Saccente was driving his taxi when he lost control of his vehicle and crashed into a house in Long Island. The elderly man died in the accident. Why was a 92 year old allowed to drive a taxi?  See video below

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New York Crane AccidentA knuckle boom crane fell on a construction worker and killed him yesterday afternoon on a construction site located at 219 E. 44th Street near Second Avenue, New York City. The crane was fitted on a truck parked in front of the building and was used to unload material that was being delivered to the construction site. 40 year old Trevor Loftus , was standing on top of the flatbed truck holding his phone when the articulated arm fell on him and killed him. Loftus served as the crane safety coordinator for Kenry Contracting of Yonkers which is his own company. According to the Buildings Department, construction material was being lifted off the truck when a mechanical failure caused the arm to collapse and killed the construction worker.
Read more in the NY Daily News 
Picture: Buck Ennis

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40 people died and  10,069 suffered personal injury in a traffic crash in New York City between January 1st and April 1st 2015 compared to respectively 51 and 10,805 in 2014 and 69 and 11,676 in 2013.  it is also interesting to note that there were more accidents during the three first months of this year compared to the same period of the 2 previous years. These numbers indicate that streets are getting a little safer for New Yorkers and that Vision Zero may be starting to show some results.

traffic accidents deaths and injuries NYC jan to march 2015
23 pedestrians died in traffic accidents in NYC during the first three months of the year compared to 31 for the first three months of 2014 and 44 for the same period of 2013. This number is still high but over the last two years it almost decreased by half which is a positive evolution.  The number of pedestrians injured in a crash in NYC during that same period was 2,423 in 2015 compared to 2,847 in 2014 and 3,080 in 2013.

pedestrian detahs and injuries in NYC jan to march 2015

1 person died in a bicycle accident in New York City during the first trimester of 2015 compared to 2 the previous year and 1 in 2013. 355 cyclists suffered personal injury during the same period compared to 399 in 2014 and 510 in 2013. It is difficult to look at bicycle accident statistics for the months of January, February and March as it is the end of the Winter season and not many people use their bikes.

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New York Truck accidentThankfully nobody was injured in a truck accident that happened Saturday at the site of  a new Memorial for Traffic Fatalities in Brooklyn, NYC. Activists for the group Right of Way were in the process of creating a huge mural depicting the silhouettes of the 264 people who died in traffic accidents in New York in 2014 when an 18-wheeler plowed into it.

Organizer Keegan Stephan was standing closest. The crash pulled parts of the plywood fence from its frame, and he said he and other volunteers who were wheat-pasting posters down the block had to jump back to avoid being struck. The driver could have done worse. “Fortunately he just hit a wall,” Stephan said. “If someone had been standing there that person would be dead.”

Read more in the NY Daily News and in the Gothamist and see video below for more info about the accident (at 1:40 min) and about the Memorial for people killed in traffic accidents in New York City in 20014

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Teen drivingParents can play a big role in helping their children become safe drivers and avoid being injured or killed in a car accident. Thursday April 28th at 1:00 PM CST, the National Safety Council is organizing a webinar during which Jessica Mirman, PhD, a behavioral scientist and researcher on the Center for Injury Research and Prevention HOP’s Teen Driver Safety Research team, will share her recent research on the effectiveness of TeenDrivingPlan, a prototype interactive web-based application to help parents more effectively supervise driving practice. Another speaker Kathy Bernstein, senior manager of Teen Driving Initiatives for the National Safety Council, will talk about DriveitHome– a new resource from the National Safety Council designed to support parents of newly licensed teens. Read more here

 

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Boy-killed-by-taxiThe parents of Cooper Stock are outraged that the taxi driver who killed their son was only charged with a traffic violation. 9 year old Cooper Stock was crossing the street with his dad when a taxi making a left turn struck them.  Cooper died and his father was injured (see previous post). The taxi driver was charged with failure to exercise due care. That charge carried a maximum penalty of 15 days in jail, a $750 fine, and a license suspension. Yesterday, however, the taxi driver was fined $580 and a six months suspension.

Read more in the New York Post

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