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 sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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food-emporium-Hells-KitchenA worker died in an elevator accident at a Manhattan grocery store last week. 49 year old Maria Sanchez, a mother of four children who worked two jobs to support her family and her mom in Mexico City was killed by an elevator that was illegally installed in the building of the Food Emporium in Hell’s Kitchen.

Last Tuesday afternoon, Sanchez was in the basement of the Food Emporium supermarket located at 452 W. 43rd Street in Hell’s Kitchen. She was loading a small dumbwaiter elevator with merchandise when suddenly the elevator moved up and crushed her head. Sanchez suffered major head trauma and died at the scene of the accident.

The elevator was illegally installed and had recently been repaired after previous malfunctions

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A NY construction worker who fell 45 to 50 feet from a roof survived after he fell in a dumpster full of debris. The 37-year-old man was working on a construction site located at 709 West Court in Ithaca, NY. The accident occurred just after 5:00 PM. The worker who was wearing a fall protection gear had just unclipped himself after finishing his work and was about to go home when he fell from the roof. He landed in a dumpster full of debris and survived.  It is not exactly clear how exactly the accident occurred and what were the extent of the injuries he suffered.

The firefighters, the police and an emergency staff in an ambulance showed up to the scene of the accident shortly after. EMS workers were able to get in the dumpster, secure the worker on a back board with a cervical collar and splint his injured arm before taking him out of it. Because of the inclement weather, it was impossible to transport the injured construction worker by helicopter to a hospital. He was transported by ambulance to a trauma center in Pennsylvania.

So far neither the name or an update on his condition have been provided. The accident is under investigation. The weather conditions might have played a role in the fall.

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280px-Patient_receiving_dialysis_03The corporate dialysis industry is resorting to unethical tactics and medical malpractice to prevent patients getting the kidney transplant they need to survive and to keep them on dialysis for years. As a result, many patients who had to go to dialysis centers several times a week during the pandemic, caught Covid19 and died. In a recent investigation, ProPublica describes the multiple obstacles that JaMarcus had to go through to be able to get on the list for a kidney transplant before the covid19 pandemic hit and he ultimately died from contracting the virus at a dialysis center.

In the US, two companies, DaVita and and Fresenius, control 70% of the dialysis market

Patients who require dialysis are mostly patients who suffer form diabetes and who develop end stage kidney failure. While many of these patients could be saved by receiving a kidney transplant, two corporate dialysis companies are spending millions in heavy lobbying so they can continue to get multi billion dollar revenues from mostly Medicare patients who are getting dialysis multiple times a week instead of receiving the transplant they need. According to a recent article in Kaiser Health News, over the last 4 years DaVita and Frenesius spent $212 million just in California to influence voters and politicians and fight a ballot initiative that would have capped their profits.

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carbon monoxide danger signA woman and two children suffered carbon monoxide poisoning last week in Dix Hills, Suffolk County, NY. The accident occurred at a residential home located on Pineland Court.  A crew of workers were doing some roofing work while a mother and her two children were inside the house. The roofers used a generator that was positioned too close to the door causing fumes to get in the house and poisoned the family. The woman and the two children started to get really dizzy and she called 911. When EMS arrived the 3 of them could not walk anymore and firefighters found a vey high level of carbon monoxide in the house. The mother and her children were transported to the hospital to be treated.

The silent killer

Carbon Monoxide is an invisible gas that has no smell and no color and therefore is  very hard to detect by human. It is deadly. Firefighters nickname it “the silent killer”.  This why in New York State, it is required by law that any house or apartment with at least one fuel-burning appliance or heater has working carbon monoxide detectors installed. The following precautions should be taken to avoid carbon monoxide poisoning:

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Snow stormIf you want to avoid getting injured during a snow storm in New York City, the best way is to stay home, wait for the snow to stop and for the sidewalks and roads to be cleaned before going out. However if you really have to or want to step out to enjoy some winter fun with the kids, make sure to wear proper shoes and exercise caution when walking around.

If you have to get somewhere you might think that you would be safer walking than driving. It might actually be quite the opposite.

In a study published last May in the Journal of the American Meteorological Society and entitled “Winter Storms and Fall-Related Injuries: Is It Safer to Walk than to Drive?” researchers analyzed the visits to hospital emergency rooms in a medium sized urban community, in Canada, during multiple snow storms. They found that, during a snow storm, visits to the emergency room for injuries caused by falls accounted in average for 64% more than visits to the ER caused by a motor vehicle accidents.

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6 pedestrians were injured in Manhattan after a driver plowed into a group of protesters last week (see video below). 52 year old Kathleen Casillo, from Queens, was driving a 2019 BMW Sedan near the intersection of 39th Street and Third Ave when she crossed road with a group of a protesters marching to support a group of ICE detainees observing a hunger strike at a detention center in Bergen, New Jersey.

According to protesters, the woman got into the back of the protest with her car and some protesters got concerned that she was driving too fast. The car got surrounded by a a small group of protesters including one of them who leaned over the front of her car in an attempt to slow her down. Instead of slowing down, the woman who was in the car with her 29 year old daughter took off and charged the protesters, driving into the crowd at high speed. Several pedestrians got hit and went flying into the air while others were screaming and running away in panic. The woman was apprehended by the police shortly after and arrested.  She was charged with reckless endangerment and released and day after. She is due in Court on February 22nd. As the police arrested the woman, ambulances pulled in and EMS attended to the injured people.

Several incidents of cars charging protesters occurred in the city this year starting in May with two NYPD patrols who rammed into protesters in Brooklyn

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location of the collision between the truck and the bicyclistA bicyclist died after being struck by a truck in Harlem, New York on Friday morning around 8:30 am

The driver of the truck was driving illegally on the bus-only lane on First Avenue near 118th Street when he  struck the 41 year old bicyclist. The police also mentioned that the bicyclist was riding the wrong way.  The truck driver stayed at the scene of the accident and was asked to submit himself to the breathalyzer which came out negative. He was not charged despite recklessly travelling on the bus lane while he was supposed to drive on the 3 other traffic lanes of First Ave.

While looking at past traffic violations, the truck has a a history of recklessness with 159 violations since 2014 including red lights and speeding.  The cyclist seemed to have been crushed between the truck and a car that was illegally parked in front of a “No Standing Anytime” sign. The victim is the 24th bicyclists to die in a traffic accident this year. He is also was one of two victims who died in a traffic accident in East Harlem this week-end. Read more in the Gothamist

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location of the fatal car accidentTwo women car pooling to work were killed after their car was T-boned by a speeding driver who blew a red light in East New York. The fatal car accident took place at the intersection of Flatlands Ave and Pennsylvania Av.

Sandra Liberice and Nerlye Sainvil were car pooling together to work. Both women were healthcare workers taking care of mentally disabled children at a group home run by the nonprofit organization “Services for the Undeserved. They had a night shift.  Sainvil had picked up Liberice and they were carpooling together to work. They were less than a mile away from their destination when the accident occurred. Video surveillance showed that the two women were travelling East on Flatland Ave. After the light turned green at the intersection of Pennsylvania Ave, Sainvil started to slowly drive through the intersection when all of sudden a speeding BMW T-boned them at full speed. The two occupants of the BMW were able to extricate themselves from their car and fled the scene of the accident on foot leaving the two women dying behind them.  They both died at the scene of the accident.

Both women were essential workers and had been going to work during the covid-19 lockdown. They both immigrated from Haiti. Nerlye  Sainvil immigrated to the US in 2001, She had a Law degree from Haiti and initially studied to work as a paralegal. She was hired as a direct care worker at the group home and decided to stay there.  Sainvil was 58 year old. She was a church goer and she as suppsoed to get married to her fiancé this year but the wedding was postponed because of the covid-19 crisis. Her fiancé and her 8 siblings were in shock. She was suppsoed to go to visit he sister in Pennsylvania during the holidays.

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location of the deadly pedestrian accidentA pedestrian was killed by a reckless driver in Brooklyn last week. The 53 year old woman was crossing the street in the crosswalk at the intersection of Glenwood Road and 55th Street when she was struck by a car driven by 22 year old Michael Rajpaul.

Rajpaul was chased by another driver who he previously hit

Previous to hitting the pedestrian with his 2008 Hyundai, Rajpaul had a fender bender with a BMW. Instead of staying at the scene of the accident he sped away and the driver of the BMW chased him. As he drove South on 55th in the wrong way and at high speed, he ran a red light and was t-boned by another car driving through the greenlight. His car spun around and he hit a 53 year old pedestrian wo got thrown into a parked car. She was rushed to the hospital but the impact was so intense that she died from her injuries.  None of the drivers were injured.

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