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.
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a solution to keep cyclists safge during the greenway repairsTo prevent potential bicycle accidents, the Parks Department has delayed the much needed repair of the upper section of the Hudson Greenway until a safe detour can be figured out. The repairs that were supposed to start last Monday would have closed the Greenway for the next 4 months between West 181st Street and Dyckman Street and cyclists would have been redirected onto Broadway via 181st Street and Dyckman Street. This plan was extremely dangerous for cyclists and after multiple calls from local cyclists and street advocates the Parks Department has now postponed the repairs until a safe detour is found.

Several options are being explored to offer a safe detour to cyclists

One of them, a proposal by Community Board 12  endorsed by former Traffic Commissioner Sam Schwartz, suggests to take one line out of the 3 lines on the Hudson River Parkway north of the George Washington Bridge and to transform it into a temporary bike path separated from the highway with Jersey barriers. This solution would be much safer for cyclists and would not affect the car traffic much as the part of the Hudson River Highway north of the George Washington Bridge is usually extremely fluid.

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Forklifts can be dangerous and result in accidentsAround 100 people die and around 34,000 are injured in forklift accidents every year. The most common forklift accidents are rollovers  and in almost half of the fatal accidents, the operator of the forklift is being crushed when the forklift tips over. Forklifts can also be very dangerous to pedestrians who can get struck or crushed by a forklift or by a falling load.

To raise awareness about forklift safety, the second Tuesday of June is NATIONAL FORKLIFT SAFETY DAY for the 9th consecutive year.

Why do forklift accidents occur?

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Two 13 year old boys who skipped school last Friday and went to the beach instead, died after drowning in Jamaica Bay. The tragedy took place last Friday, 13 year old Daniel Persaud and his best friend Ryan Wong skipped the last day of school and joined a group of friends at Beach 121 in Broad Channel.  The 5 teenagers were seen by fishermen playing in and out of the water a little bit before noon. According to witnesses, Daniel and Ryan were standing on a sand bar when they got submerged in water.

The area is known to be dangerous and signs warn visitors not to swim in the water because of dangerous currents and sudden drop-offs. The two boys did not know how to swim and were swept away by the current. Their friends called 911 and a team of 9 rescuers were sent to the beach but it was too late. One of the boys was found pretty quickly and was still alive when rescuers pulled him out of the water. However he did not survive his injuries and died a few hours later.  it took rescuers another 45 minutes to find the body of the other boy. He was pronounced dead at the scene of the accident.

The dad was already mourning his son when he received the school’s notification that his son was absent

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Emotional-trauma-soon-to-be-compenated-in-NY-wrongful-deathThe Grieving Families Act that extends the compensable damages to include damages for emotional damages including grief or anguish caused by the decedent’s death as well as loss of love, society, protection, comfort, companionship, and consortium in a NY wrongful death lawsuit was passed by the New York Senate and is on its way to be delivered to New York Governor Hochul to be signed. It also extends the statute of limitations from 2 years to 3 years and 6 months. Our partner, Jeffrey Bloom, was instrumental in the passing of this law.

The current law in New York State only allows families pursuing a wrongful death action to claim damages such as  loss of financial support, medical expenses and funeral expenses. As a result, families who lost a child, a senior person or a loved one who is unemployed and is not providing financial support are not compensated for the pain and emotional distress they suffer.  For example if a child is struck by a car driver who did not yield, the current law basically estimates that the life of the child has little to no value while if the CEO of a successful company  was fatally struck in the same circumstances, his family would probably be able to recover a significant amount of damages for their financial loss.

The actual law basically tells parents and family that the life of their loved one has no value if they are not big earners. This 19th century law is extremely unfair to grieving families in New York and if  Governor Hochul signs the new bill, these families will be able to claim the above damages they suffered when their loved one was wrongfully killed by a negligent person or entity.

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Injured in New YorkIn New York,  anyone who suffered injury or damages as a result of the negligence of someone else or of an entity can file a claim. In order to obtain compensation the victim will have to prove the liability of the person or entity responsible for the injury and the damages resulting from the negligence. These element constitute the basis of a personal injury case. Because they are sometimes difficult to evaluate, victims of personal injury, especially those who suffered catastrophic injury work with personal injury attorneys who will handle their claims so they can concentrate on their recovery.

In New York, the most common personal injury claims are auto accident claims. In New York City only, according to the most recent statistics, 15 people were killed and 4,105 people were injured in car accidents last March.  Among those killed were 8 pedestrians, 3 drivers and 4 passengers. Among those injured were 1782 drivers, 1289 passengers, 294 cyclists and 740 pedestrians. Crash injuries or death are most of the time caused by the negligence of another road user and therefore  victims of car accidents can often file a personal injury claim.

Premises liability claim are also quite common in New York City as anyone who suffers injury on the premises of a residential or commercial property that was caused by dangerous or defective conditions on the premises can potentially file a lawsuit. Falling debris from inadequately maintained buildings, faulty cellar doors or cellar grate, sidewalks not proprely maintained, defective elevator or escalator, electrical issues can all lead to accidents causing personal injury and sometimes death.

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Ghost bike showing locations of previous NYC deadly bicycle accidentsWhen a cyclist is hit by a car, the injuries can be devastating and sometimes deadly. Some injured cyclists will recover others will required medical treatments for a lifetime. On the top of expensive medical bills,  injured bicyclists might also suffer emotional consequences and life changes that can have significant financial consequences. Depending on the case, the cyclist and his/her family might be able to obtain compensation for their damages and should consult with an experienced bicycle accident attorney.

What does recovering from a bicycle accident look like?

In a recent article, the New York  Post describes how David Jevotovsky,  a medical student who was riding a bike, suffered traumatic brain injury and almost died after being hit by a car in New York City in 2017. After the accident, he was rushed to Bellevue Hospital with what is called an epidural hematoma which is a bleeding between the skull and the brain. This type of injury can sometimes be deadly or if the victim survives, it can have lifetime consequences.

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increased risk of crashes on highway work zonesHighway construction zones are dangerous areas where both construction workers and motorists are at risk of getting injured or killed in crashes.

An annual study conducted by the Associated General Contractors of America and Heavy Construction Systems Specialists (HCSS), found that during the past year 64% of contractors working on highways experienced at least one crash on their work site. Among them, 32% reported 5 crashes or more.

5 or more construction workers were injured in 2% of these crashes, 3 workers were injured in 3% of them, 2 in 5% of them and  1 hard hat was injured in 8% of them. In the majority of the accidents (82%) no workers were injured.

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children going to school in NYCEvery school day morning in the 8:00 am hours, 57% more car accidents and 25% more injuries from crashes are recorded in streets around schools than in all New York City streets on average during that time.

StreetBlog just published the result of a 6 month study about road safety around schools

They studied almost 1 million car accidents in New York City from July 2015 to November 2021 and looked at every collision that occurred within 250 feet of a public school.   Despite multiple efforts by the city and by the state to reduce danger around school zones such as installation of speed cameras, crossing guards, specific school safety DOT teams and more, school areas remain dangerous.

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truckAs more and more truck traffic in the US leads to more and more truck accident fatalities, truck safety activists are pushing for  the government to revise safety regulations and laws related to truck traffic in the US.

5,600 people died in truck accidents in the US in 2021 compared to 4,965 in 2020, representing an increase of 13% from one year to the other.  This is the highest number of truck fatalities ever recorded in the US. Compared to 2010, the number of truck accident fatalities increased by 52%.

The Truck Safety Coalition released a statement pointing at multiple regulations updates that could prevent deadly truck accidents:

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traffic fatalities US 2021Early estimates of motor vehicle traffic fatalities in 2021 by the National Highway Traffic Safety Administration (NHTSA) indicate that while traffic fatalities increased in the US in 2021 compared to 2020, the number of deaths per 100 million vehicle miles traveled slightly declined.

An estimated total of 42,915 people died in crashes in the US in 2021 compared to 38,824 in 2020. This represents an increase of 10.5%. This is also the highest number of road fatalities since 2005.

In the State of New York, 1,139 people died in crashes in 2021 compared to 1,046in 2020, representing a 8.8% increase.

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