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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accident sceneTwo pedestrians suffered critical injuries after being struck by a FreshDirect truck in Manhattan last Wednesday night.

A 13 year old boy and a 62 year old man were crossing the intersection of Park Avenue and 57th Street in Midtown, Manhattan when a FreshDirect truck making a left turn struck them and dragged them under its wheels. The two pedestrians were in the crosswalk when the truck hit them. The driver told the police that he did not see them until he looked in his side mirror and saw one of them lying on the ground.

A doorman who was working in a nearby building ran to the rescue and told the NY Daily News that he arrived to a very bloody scene. The teenager had his face smashed and bones were protruding from his body. Both victims were rushed to the hospital in critical condition.

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car accident in NYC38,680 people died in auto accidents in the US in 2020 compared to 36,096 a year earlier according to preliminary data from the National Highway Traffic Safety Administration. The 7.2 % increase in crashes occurred as the total number of miles travelled by motor vehicles decreased by 13.2%, an indication that roads were much more dangerous during the pandemic. The rate of fatalities by 100 million vehicle miles traveled (VMT) raised from 1.1 VMT in 2019 to 1.37 VMT in 2021. This is the highest rate of crash fatalities recorded in the US since 2007.

The region that includes NY, NJ, CT, and PA had  the highest increase of fatal auto accidents

When looking at the increase of fatal motor vehicle accidents by regions between 2019 and 2020, region 2 that includes NY, PA NJ and CT was the worst with a 10% increase in traffic accident deaths.

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road work signRoad construction accidents have been increasing during the pandemic. According to a recent article in Construction Dive, 60% of contractors reported an increase in crashes in their work zone last year.

During the lockdown as construction work was deemed essential in many States, Department of Transportation officials thought that significantly less cars on the road would provide a good opportunity for them to execute some road work without blocking and disturbing too much traffic.  However, with less traffic on the road, speeding and other reckless driving behavior increased and contractors reported  more crashes in highway work zones all over the country during the lockdown.  In a PEW study that was released last year, many States recorded an increased in work zone crashes despite a decline in traffic in the US by 40% in April and 26% in May.

444 reckless drivers ticketed during Operation Hard Hat in NY State

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accident sceneAn 8 year old pedestrian was critically injured in a back-over accident in New York City yesterday. The boy was playing on the sidewalk of Webster Avenue  near the intersection of Ittner Place when a car pulled out of an auto shop and hit him. The driver stayed at the scene of the accident. According to the police the driver and the boy knew each other but were not related. The boy was transported to the hospital in critical condition. (read more in the NY Daily News)

50 children hit every week in the US with at least two of them dying

Children are the most common victims of back-over accidents because they are smaller than adult and drivers may not see them in the rear view mirror when they are backing up. According to statistics of the National Highway Traffic Safety Administration, every week in the US, 50 kids are being backed over by cars or by other motor vehicles such as buses or trucks. Injuries are often serious and among these 50 children, at least 2 of them die from their injuries.

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Professor Daniel PollackChild Protective Services mission is to protect children from all forms of physical and emotional abuse, sexual abuse, exploitation and neglect. It is a very powerful agency. In New York, CPS can remove children from their parents if “a single incident of excessive corporal punishment is sufficient to support a finding of neglect” (Matter of Eliora B. [Kennedy B.], 146 AD3d 772, 773, 45 N.Y.S.3d 144).”

In a recent commentary in the New York Law Journal, Daniel Pollack MSW, Esq., a professor at Yeshiva University’s School of Social Work in New York City and Christine M. Sarteschi, an  Associate Professor of Social Work and Criminology at Chatham University in Pittsburgh, PA ask if removing the child is sometimes more traumatizing than leaving the child at home? In other words, is Child Protective Services (CPS) knowingly, legally – yet ironically – committing an acknowledged act of child maltreatment that is more detrimental than the original act for which the parents were “substantiated”? To use the vernacular, is CPS sometimes taking children out of the frying pan and consciously placing them into the fire? Such removals are not in the best interest of the child. Unspoken, but quietly acknowledged, is that the child may be removed because CPS is concerned about its own liability more than it is concerned about the long-term safety of the child.

Read the commentary here

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Crash Mapp of ELiot Ave and Fresh Pound IntersectionA reckless drunk driver struck a car, killing the driver and injuring the passenger yesterday in Queens NYC. 22 year old Erik Chimborazo was drunk behind the wheel when he hit 47 year old Mohammed Hossain, a Lyft driver who was driving  the final passenger of his shift before returning home to his wife and three children in Borough Park, Brooklyn. Chimborazo who is unlicensed was speeding behind the wheel of a vehicle that had no insurance and  no inspection certificate. A neighbor told the NY Daily News that the impact was so intense that Chimborazo must have been driving at a speed of 80 or 90 mph when he T-Boned the Lyft car.  Further investigation found that the driver ran a red light and had twice the limit of alcohol in his system two hours after the accident.

The accident occurred at the intersection of  Fresh Pond Road and Eliot Ave around 3:50 am on Sunday.  The driver had texted his wife 30 minutes earlier that he was coming home. Both cars occupants were transported to the hospital. Mohammed Hossain was declared dead while his passenger was treated for minor injuries. The drunk driver was also transported to the hospital for evaluation before he was arraigned. He was charged with driving a vehicle that lacked insurance and an inspection certificate, driving without a license, DUI and vehicular manslaughter.

Houssain, a very quite man who loved his family immigrated from Bangladesh 12 year ago.  He was the only provider for his wife Kulsuma Jahan and their 3 children, 14 year old Samin, 7 year old Lybia and 2 year old Labeen. His family and friends were devastated by his death.

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15 pedestrians, 8 motorists and 4 passengers died in car accidents in New York City during the month of April reaching a total of 27 traffic fatalities. This is the highest number of motor vehicle accident fatalities in NYC ever recorded during the month of April since Vision Zero started in 2014. The lowest number of traffic fatalities in April was recorded last year with 11 deaths as New York was observing a lockdown because of the Covid19 pandemic. Prior to the lockdown, 16 people died in crashes in New York in April 19 and respectively 12, 20, 14, 19, 21, 15 in April 18, 17, 16, 15, 14 and 13. Globally traffic fatalities in New York City remain on a declining trend. However recent numbers have more often been above the trend rather than below. (click on the graph for full size)

Car Accident fatalities NYC April 21

Peak in Pedestrian Deaths

Pedestrians accounted for more than half of the deaths with 15 fatalities while motorist deaths slightly decreased compared to a year ago but remained high with 8 fatalities. No bicycle accident fatalities were reported to the NYPD in April. Such a high number of pedestrian fatalities at a time when tourists have not even come back to the city and a high number of New Yorkers are still working from home is alarming.

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the intersection where Lisa Bane was killed10 days ago Lisa Banes was crossing the street when she was struck by a reckless scooter operator who ran a red light, hit her and just kept going. The impact was so intense that Banes was knocked out of the crosswalk. She suffered critical  head injuries and was rushed to Mount Sinai Morningside Hospital where she passed away yesterday afternoon.

The accident occurred at the  intersection of West 64th Street and Amsterdam Ave on Friday June 4th around 6:30 pm. The actress was on her way to a dinner with friends and had planned to stop at Julliard and at the Lincoln Center on the way. She was in the crosswalk with the light in her favor when the reckless scooter driver mowed her down.

Lisa Banes, an acclaimed Hollywood actress who starred in the movies “Cocktail” and “Gone Girl” and also appeared in multiple TV shows such as “Nashville,” “The Orville,” “Masters of Sex,” and “Royal Pains, was in Manhattan for a performance at the Manhattan Theater Club. The 66 year old woman is married to Kathryn Kranhold. 

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High number of crashes recorded onLeffert and Bedford 16 people were injured in a MTA bus crash in Brooklyn, NYC last week. The B49 MTA bus crashed into a building located at the intersection of Lincoln Road and Bedford Avenue. The bus was stuck in the building for several days as the Department of Buildings found that the damage to the building were so bad that it was not safe to remove the bus. They also asked for residents to evacuate the building. The building belongs to a doctor who has his office at the garden level. Nobody inside the doctor office at the time of the accident was injured. They heard a loud noise and felt the impact of the bus hitting the building.

The driver whose name was not released is a 55 year old man who has been driving a MTA bus for 13 years without any prior accident. According to the New York Times he mentioned to a neighbor that his foot got stuck between the brake and the accelerator. Except for some bloody hands, he seemed to be ok and his only worry was that passengers were ok.

13 passengers in the hospital

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The building where a lady died in a fireAn electric scooter being charged is the cause of a fire that ravaged a residential building in New York City, killing one and injuring 11. The fire started in the middle of the night, around 4;40 am on Wednesday inside an apartment on the third floor of a building located in the Bronx, on Park Ave near E. 161st Street in Concorde Village. Residents heard a loud boom and then the fire spread very quickly to the upper floors of the six-story building. Residents were woken up by the smell of the smoke or by other residents screaming about the fire and asking everybody to get out.

3 unconscious people were removed from the flames by the firefighters

The tenants of the 20 apartments located in the buildings were all forced out extremely quickly and lost everything in the fire. 10 of them were injured as well as one firefighter. Some of the tenants were critically injured and a 91 year old lady died. She was among  the 3 residents that were unconscious when the firefighters pulled them out of the flames. The tow other unconscious residents were an 80 year old man and a 54 year old man. The elderly woman died from smoke inhalation and the two other men were in critical but stable condition.

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