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 Tagged with brooklyn wrongful death

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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imageA drunk off duty cop killed a pedestrian and injured 3 others in Brooklyn, NYC, Sunday around 3:00 am.  21 year old Andrew Esquivel (photo ), a MIT student interning in New York for the summer , was walking home when he was hit by an out of control car that jumped the curb. Another man and two other women were seriously injured in the accident. The driver of the car was off duty NYPD Officer Nicholas Batka who was allegedly drunk but refused a breathalyzer test. He was charged with vehicular manslaughter, three counts of assault, driving while intoxicated, driving with impaired ability and driving on a sidewalk. Read more in the NY Daily News 

 

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HitRun2A bicyclist was fatally hit by a car that didn’t stop after an accident  last Saturday in Brooklyn, NYC. The police believe that the driver hit the bicyclist intentionally.  35-year-old Matthew Von Olen was riding back home from a shift at a bar in downtown Manhattan when he was struck by a car in Williamsburg.  A video obtained by the police  shows that the driver intentionally hit the bicyclist and killed him.  The car driver first slowed down at the level of the bicyclist who was riding in the bike lane and then hit him. As Von Olen fell off his bike, the car driver hit him a second time and then ran over him and dragged him about 20 to 30 feet before fleeing. Von Olen suffered severe trauma and died from his injuries. The police are still looking for the car driver who was driving a black 2014-2015 Chevy Camaro with gold New York State license plates (see picture from surveillance camera).  Read more in the Gothamist

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NYC motorcycle accidents February 2016A motorcyclist died in an accident in Brooklyn, NYC, this weekend. The motorcyclist was heading north on Buffalo Ave. near E. New York Ave. in Crown Heights early Sunday morning when he struck a limo. He was rushed to the hospital but he couldn’t be saved.

Motorcycle accidents in New York City always increase during the months of June, July, August and September. There are usually between 250 and 350 motorcycle accidents every month of the summer in the city. Because motorcyclists only have a helmet to protect themselves, motorcycle accidents often results in serious injuries or death.

Read more in the NY  Daily News

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image After a 30-year-old pedestrian was killed by an unlicensed driver who jumped the curb in Brooklyn (see previous blog ), NYC, her family petitioned the Brookyn DA’s office to initiate a grand jury investigation into the accident and obtain justice for their loved one.

Last December Victoria Nicodemus was walking on  a Fort Greene sidewalk with her boyfriend  when she was  fatally  struck by a SUV that apparently  jumped the curb to avoid a bus. The SUV was driven by  39-year-old Marlon Sewell. The driver had his license suspended and wasn’t supposed to be behind the wheel. Also according to a recent article from the Gothamist, a preliminary  police report indicated that Sewell jumped the curb to avoid the bus in front of him but in a statement yesterday, Transportation Altternatives Deputy Director Caroline Samponaro said that Sewell made the reckless decision to drive on the sidewalk to avoid waiting behind the bus.

Immediately after the accident, Sewell was charged with two misdemeanors and thought he would get away with a $500 ticket. However after the Brooklyn DA office agreed to open a grand jury investigation things changed. Yesterday the grand jury voted for Sewell to be indicted for second-degree manslaughter.

 

 

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Park Slope Garage CondominiumA 4 year old boy died after falling in an elevator shaft inside a luxury NYC garage. According to the police, Jack Roberts slipped through a 10 inch gap between a freight elevator and the shaft at the Park Slope Garage Condominium in Brooklyn, NYC. For some unknown reason, the toddler and his parents were allowed to use a freight elevator that was meant for vehicles to get to the third floor of the garage. Other owners of parking spaces who learned about the elevator accident were in shock.  They said it was very unusual for the staff to allow anyone in the freight elevator.  Car owners usually pick up and drop their car in a designated area at the entrance of the garage. Then the staff takes care of taking them in and out of their respective parking spaces using the freight elevators.

After the accident happened, The Department of Buildings filed a complaint requesting an investigation.

The luxury garage was one the first “condominiums for cars” in New York State with more than 100 parking spaces. The actual price of a parking space there is estimated at $300,000.  The initial price for a parking space at the garage when it opened in 1986 was $29,000. At the time it was already considered a very high price. It went up over the years as Park Slope  developed into a trendy neighborhood.  It recently shot up after another similar condominium garage located nearby closed.

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32 year old Michelle Mignott was killed in a car accident in New York City in 2014. The two reckless drivers who were indicted in the accident will be tried in August if they don’t accept a plea deal. Richard Roman-Santos and Gerard Herbert both charged with vehicular manslaughter appeared yesterday in front of Brooklyn Supreme Court Justice Vincent Del Giudice. The judge told then that if no plea agreement was reached the case would go to trial on August 1st. The two men were previously offered 3 to 9 years in jail if they pleaded guilty but they both refused.

On August 17th 2014, Herbert was driving in Brooklyn with two female passengers. One of them, Michelle Mignott was lying on the back seat. As he was making a left turn, Roman-Santos who was driving at a speed of 94 miles per hours crashed into him. Mignott was killed in the accident. Herbert who first refused to take a breathalyzer was later tested with .20.  Roman Santos accepted the breathalyzer and was found to be at the limit of .08.

The two men are expected to be back in front of the judge on June 7th and will have to say if they accept the plea deal or not.

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Heather29 year old Heather Lough died from critical injuries sustained after she was struck by a truck while riding her bike in Brooklyn, NYC. The young woman had just been hired to work at the Brooklyn Botanical Gardens and was on her way to work when the accident happened.  Heater was coming out of the Metro North station and was riding her bicycle on Southern Boulevard when she was hit by a truck making a left turn at high speed. The bicyclist got stuck under the wheels and she was dragged for some distance under the truck until the driver stopped.  She was taken to the hospital in critical condition where she died from her injuries after five days of pain and suffering. The truck driver, 45 year old Robert Owens from Upper Manhattan was charged with reckless driving and failure to yield.

Heather’s best friend set up a fundraiser to pay for a natural burial near her family in Washington State. If you wish you can donate here.

The picture is from the fundraising page

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NYC fatal bicycle accidentA bicyclist was struck and killed by a reckless driver in New York City yesterday night. The 26 year old driver of a Honda Sedan was caught on a surveillance camera recklessly speeding on Brooklyn streets moments before the accident. Witnesses told CBS news that they saw the car speeding on Avenue P and blowing two red lights. At the second light the reckless driver collided with a car that was crossing the intersection with the green light. The impact was so strong that the two cars careened away into a nearby bicyclist who got pinned under one of them. Witnesses ran to the scene of the accident and lifted the car to liberate the bicyclist but he couldn’t be saved and died from his injuries. Firefighters had to cut one of the cars in half to free the driver. Both car drivers only suffered minor injuries. The reckless driver is now in police custody and he is facing criminal charges.

Picture source: courtesy of New York Rescue Response Team on Twitter

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A pedestrian died and two other people were injured in a car accident in NYC on Sunday. The accident occurred at the intersection of E. 94th Street and Avenue K in Canarsie, Brooklyn. The driver of a SUV struck another car, lost control of the vehicle that slammed into two pedestrians waiting to cross the road. The pedestrians were a couple living nearby. The wife, 51 year old, Chooi Tan  suffered severe injury. The couple as well as the driver of the car hit by the SUV were all transported to the hospital. Chooi Tan died at the hospital while her husband and the driver were in stable condition.

The driver of the SUV and a passenger fled the scene of the accident by foot. The police are still looking for them. The SUV was reported stolen last Friday.

Read more in the NY Daily News