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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location of the fatal bicycle accidentA NYC child riding a bike in a crosswalk was killed by a motorist who failed to yield while making a left turn. The accident occurred on Saturday morning around 10:30 am in Brooklyn, NYC. 10 year old Dalerjon Shahobidinov was on his bike in the crosswalk on Foster Avenue when 29 year old Victor Mejia made a left turn from Seton Place and recklessly slammed into him. Mejia stayed at the scene of the accident. The police found that he was driving without a license and charged him with failure to exercise due care, failure to yield and driving without a license. The driver  who never applied for a license, has a long history of reckless driving with 22 summonses that include two running red lights.

24 bicyclists killed in NYC in 2019

Dalerjon was a fourth grade student at PS 134 and has 3 other siblings. When the accident occurred he was riding with a group of friends with whom he was playing soccer in Prospect Park. The child is the 24th cyclist to die in a traffic accident in New York City this year. The victim before him was a senior e-bike rider. 62 year old Abul Bashar was a delivery cyclist for a restaurant. He was struck by a private sanitation truck on September 8th and could never recover from his injuries. He died on September 18th.

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A man intentionally struck a cyclist and killed him in Brooklyn. The accident occurred Sunday morning around 6:00 am on Broadway near Ellery St. in Bushwick. The driver of the SUV whose car had been broken in earlier saw the cyclists fiddling with cars and got out of his Jeep Grand Cherokee to question him. The conversation got heated and the cyclist took off on his bike. The driver got back into his SUV and chased him. He sped after him in the oncoming lane of traffic and slammed into him, crushing him against the parked cars. The impact was so violent that the SUV flipped onto its side. The entire accident was caught by a surveillance video.

The 47 year old cyclist died at the scene of the accident and the 41 year old driver was taken into custody. Charges are pending. Two parked cars and a semi-truck were also damaged in the collision. The police found two car stereos, a screwdriver, a set of Allen wrenches, and a fake pistol laying amidst the wreckage.

Using a car as a weapon for a vigilante act is completely unacceptable

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cyclist-nyc-e15620847726003 people died in bicycle accidents in NYC during the last 7 days.

Last Monday Robyn Hightman, a bike courier, was fatally struck by a truck on 6th Ave near 25th Street. Both the truck and the cyclist were heading in the same direction when they collided. The truck driver first didn’t stop but then returned to the scene of the accident after a witness in another car told him he hit someone. the driver told the police he didn’t know he hit the cyclist. Police said the driver was let go after he was hit with five summonses. The driver, 54 year old Antonio Garcia said it was the first time he had an accident since he started to work for his employer 14 years ago. However a look at the Howsmydrivingnyc.com indicates that the truck was hit with 83 violations since 2015 mostly for parking but also for speeding. A vigil was organized for Robyn during which hundreds of cyclists gathered and expressed not only their sadness but also their anger at authorities that are doing very little to hold drivers accountable. Robyn was the 12th cyclist in New York City to be killed in traffic this year.

Last Thursday night  around 9:00 pm, 57 year old Ernest Askew was fatally struck by an 18 year old driver on Sutter Avenue near Chester in Brownsville, Brooklyn. The car driver wasn’t arrested. Brownsville which is a low income community of color doesn’t have any protected bike lanes and there are not many efforts being made in regards to street safety. Cyclists share wide roadways with cars and speeding is common. At a vigil for Ernest Askew yesterday evening activists asked the city to address the lack of equity in low-income communities of color when it comes to protected bike lanes and street safety.

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Location of the fatal motorcycle accident in Brooklyn NYCA 28-year-old man was killed in a motorcycle accident in New York City, early Monday morning. He collided with a car driven by a 24-year-old drunk woman who was driving without a license.

Alexander Evron was riding his Kawasaki motorcycle South on Ocean Parkway around 3:55 am when he collided with an Infiniti car driven by Jasmin Morales-Cruz.

The motorcyclist was thrown off the bike. He was rushed to the hospital but he couldn’t be saved and was pronounced dead upon his arrival.

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A man in a warehouse was fatally pinned against a wall by a tractor-trailer backing up. On Friday morning around 6:00, a 2012 Freightliner tractor trailer backed up into the loading dock inside Sun King Produce Corp located on Morgan Street near Jackson Street in East Williamsburg.  63 year old Son Ngoc Nguyen who was standing near the back wall was crushed against the wall by the truck. He was transported to the hospital in critical condition and died from his injuries a day later. The truck driver wasn’t charged. Read more in the NY Daily News 

Dock workers at high risk of accidents

The loading dock is one of the most dangerous area in a warehouse. OSHA has specific regulations about loading dock safety that can be found in 29 Code of Federal Regulations (CFR) 1910.176 material handling. While forklift accidents such as forklift overturning,  are the most common in warehouses, it is also quite frequent for warehouse workers to be crushed by trucks and sadly most of these accidents are deadly . Here are some of the most recent cases reported by OSHA:

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location of the bicycle accidentA 22 year cyclist who was hit by a car in Brooklyn, NYC during the week-end died on Tuesday according to the NY Daily News. Kenichi Nakgawa was riding his bike South on Brooklyn Ave on Saturday around 5:25 pm when the 66-year old driver of a Toyota Sienna struck him. The young cyclist was rushed to the hospital with severe head trauma. He couldn’t survive his injuries and died 3 days after the accident. The driver stayed at the scene of the accident and wasn’t charged.

One day after Kenichi Nakgawa died, a 16 year old Brooklyn cyclist also lost his life after being run over by a van.  Yisroel Schwartz was riding North on 17th Avenue near 53rd Street in Borough Park when he was forced to swerve into the traffic to avoid a passenger who was opening the door of a parked car on the side of the road.  He lost control of the bike and fell on the ground. He was then run over by a  a white 2013 Econoline E350 van driving in the same direction. Yisroel was rushed to the hospital where he died from his injuries. Both drivers stayed at the scene of the accident. They weren’t charged.  Read more in Street Blog NYC

Yisroel Schwartz and Kenichi Nakgawa are the 9th and 10th cyclists killed this year in NYC traffic.

 

 

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Location of the fatal truck accidentA pedestrian was fatally struck by a USPS truck in New York City. The accident occurred on Friday around 5:00 pm in Brooklyn.  52 year old Charles McClean was crossing MacDougal Street at Howard Avenue in Bedforsd-Suyvesant when a USPS truck stopped in the crosswalk. As the pedestrian walked in front of the truck, the driver started  to move forward and struck the pedestrian. The pedestrian fell underneath the truck and was dragged across the the street by the truck to the next crosswalk. Charles McClean was rushed to the hospital with severe injuries but he couldn’t be saved. He leaves behind him 2 twin 10-year-old daughters.  Just before the accident, McClean mother’s sent him to the store to get lottery tickets. He never came back. The mother, 72-year-old Shirley McClean previously lost two other of her eight sons. One died from gun violence and the other one from a medical infection.

USPS drivers above the law

The USPS driver remained at the scene of the accident, so far he hasn’t been charged. One of the surviving brothers, Gregory Mclean told Streetblog that the intersection wasn’t safe because most drivers only looked to their left for oncoming cars but din’t look at their right for oncoming pedestrians. He also said that postal workers in the neighborhood were reckless drivers always rushing to clock out  and accused the young postal driver wo killed his brother of homicide. Another brother, Arkim, mentioned that USPS trucks didn’t have license plates therefore they couldn’t get ticketed by the police. No tickets means no accountability, he said.

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toddler killed by van locationA toddler was fatally struck by a van in New York City. The pedestrian accident occured yesterday around 12:45 pm in Bath Beach, Brooklyn, NYC. The van which was delivering candies and had Kittles and Starbust logos on it, was making a turn from Bay 25th street onto Benson Avenue when he ran over the 3-year-old Emur Shavkator who was riding a small green scooter. The boy was with his mom and another child. His mother was frantically trying to pull him from underneath the van. When the EMS arrived the boy was unconscious. He was rushed to the hospital where he was pronounced dead.

The van driver wasn’t exercising due care and killed the young pedestrian

The driver of the van, 61 year old Johnny Gonzalez of Bensonhurst, stayed at the scene of the accident. He was arrested and charged with failure to yield to a pedestrian and failure to exercise due care. There is a stop sign just before the sidewalk where the van struck the young boy. However according to a crossing guard working nearby who spoke with the Brooklyn Daily Eagle, many drivers in the area are behaving dangerously. “I see drivers do stupid things here all the time. They race by me, they run lights, stop signs and sometimes I try to get their license plates, but it happens so fast,” she said. “I hope we can find a way for people to just slow down.” Residents also confirmed that drivers were constantly blowing the stop sign on Bay 25th Street.

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bike lane proposalAfter Mathew von Ohlen was killed by a hit and run driver while biking on Grand Street, his family and the Brooklyn Community Board 1 called for a protected bike lane.  A total of four people have been fatally struck by cars on Grand Street since 2010.

A new design including two protected bike lanes and a bus lane was proposed by the DOT  as an L Train shutdown mitigation measure. In reality, the DOT hastily installed a bike lane that wasn’t fully implemented and that stayed in limbo after it was decided that the L train would not be fully shut-down. The actual bike lane is only protected by plastic delineators. Cars and delivery trucks are constantly passing the delineators and parking on the bike lane forcing cyclists to make dangerous maneuvers to ride around them. Residents and businesses have both been asking their community board to improve the actual situation which according to them is chaotic.

Bike lane plans kept and extended

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A young construction worker fatally fell from a building in New York City last Wednesday. 23 year old Erik Mendoza was replacing bricks underneath a water tower located on the rooftop of  1 Pierrepont Street in Brooklyn Heights when he fell off the building. A Mexican immigrant, Mendoza had arrived in the US 5 years ago.  He had just started his job as a construction worker for the building a week before the accident.

No permit required doesn’t mean no worker protection

The work Mendoza was doing wasn’t didn’t require a permit, however it is the responsibility of the employer to make sure that employees effectuate their work in safe conditions. As he was working under the water tower with a colleague, he slipped and fell 13 stories, landing in front of the entrance of the luxury co-op pre-war building.

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