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 drunk driving

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Location of the deadly Brooklyn Bike Accident on Union Street and Lynch StreetOn Sunday morning, Luis Mendez, a 46-year-old cyclist, was struck and killed by a van driver on Union Avenue in Brooklyn. The driver, identified as 40-year-old Can Homer, was allegedly operating the vehicle under the influence of alcohol and without a valid driver’s license. This devastating event highlights the serious and ongoing issue of road safety for cyclists in New York City, particularly in Brooklyn.

The Legal Ramifications of Bicycle Accidents in Brooklyn

When a cyclist is injured or killed in an accident, the legal landscape can be complex, but it is crucial for justice to be pursued. In this case, the driver, Can Homer, has been charged with multiple serious offenses, including vehicular manslaughter, driving while intoxicated, and driving without a license. These charges carry significant legal consequences, and the pursuit of justice for the victim and his family will likely involve a thorough investigation and litigation process.

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Corlears-Hook-park-where-the-deadly-car-accint-occured-e1720473719458On the evening of July 4th, a tragic incident unfolded at Corlears Hook Park on the Lower East Side when Daniel Hyden, 44, allegedly drove his gray Ford F-150 into a crowd of people. The crash resulted in the deaths of Lucille Pinkney, 59, her son Hernan Pinkney, 38, and 43-year-old Ana Morel. Eight others were injured in the incident. According to reports, Hyden was driving under the influence of alcohol. He admitted to having a few drinks but refused a breathalyzer test. Additionally, Hyden’s driving privileges had been suspended due to his failure to answer four prior summonses.

Legal Perspective: What the Victims’ Families Can Do

In the wake of such a devastating event, the families of the victims are understandably seeking justice and compensation for their immense loss. Here are some legal avenues they can explore:

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fatal dwi car accident location in Queens NYCA police officer who was directing traffic away from a car accident was killed by a driver who was drunk, high on marijuana and who was driving with a suspended license.

The accident took place around 2:00 am on Tuesday morning on the Long Island Expressway  near Francis Lewis Boulevard in Fresh Meadow. 32 year old Jessica Beauvais had just left a studio where she had been recording a podcast and during which she was drinking and vaping.  She was speeding and did not slow down as she passed the traffic cones and flashing lights that the highway police had previously installed to signal the previous accident scene. She crashed into NYPD Officer Anastasios Tsakos and send him flying 100 feet. The impact was so strong that her windshield was smashed and the front of her car destroyed. She did not even stop. She continued to drive dragging an orange cone from the scene under her car. She was arrested by police a few exits later and asked the police: what did I do? She later apologized.

Beauvais who has a teenage son and is his sole provider is facing up to 15 years in prison. She is facing 13 counts including  vehicular manslaughter, DWI, reckless driving, leaving the scene of a fatal accident, driving with a suspended license.  Several other NYPD officers at the scene just had the time to run away from her destructive path but Tsakos died.

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2 years ago, 12 year old Andrew McMorris was killed in a car accident caused by a drunk driver. The driver was identified as Thomas Murphy. At the time of the accident, the young Andrew was walking with a group of scouts along the shoulder of Davide Terry Road in Manorville, Long Island, NY, when Thomas Murphy struck them with his car. Thomas died in the accident and several other boy scouts were injured.

Murphy had been drinking vodka for several hours at his golf club before the fatal car accident

Prior to the accident, Murphy had been boozing on vodka at his golf club. He got behind the wheel despite the advise of several of his friends not to take his car. After the accident he refused to take the breathalyzer test. However a blood test effectuated four hours  later indicated a alcohol level of .13, well above the limit of  .08 allowed  by law.

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Every year in the US approximately 10,000 people die in car accidents caused by drunk drivers.  In an effort to prevent these types of accidents, states have been introducing Ignition Interlock Laws.  The ignition interlock is a device that is connected to the ignition of a car. When a driver wants to start a car with this type of device he has to breath in the ignition interlock. If alcohol is detected and is above the legal BAC limit for the state, the car doesn’t start. All states now have ignition interlock laws but some are more permissive than others. Globally there are 3 types of laws. “Permissive” laws are at the discretion of the judge or other sentencing authority. “Partial Laws” apply only to a certain type of offenders for example only repeat DUI offenders. Mandatory Laws apply to all drivers convicted of DUI. At the beginning of last year, 26 states had mandatory laws, 22 had partial laws and 2 had permissive laws.

A recent study published in the American Journal of Preventive Medicine found that states with mandatory ignition interlock laws had a 7% decline in fatal crashes related to DUI.  The study was conducted by Emma E. McGinty, PhD, MS; Gregory Tung, PhD, MPH,; Juliana Shulman-Laniel, MPH; Rose Hardy, MPH; Lainie Rutkow, JD, PhD, MPH; Shannon Frattaroli, PhD, MPH; and Jon S. Vernick, JD, MPH all from  Johns Hopkins Bloomberg School of Public Health and Colorado School of Public Health.

The researches analyzed crash data  from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) over a 32 year period. They compared the number of alcohol related fatal crashes before and after the ignition interlock laws were adopted by the various states. The study demonstrates that mandatory ignition laws are much more effective than the permissive or partial laws at preventing drunk driving fatal accidents.

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drunk drivingA young drunk driver was caught driving the wrong way on the Long Island Expressway in Queens, NYC, early yesterday morning. 23 year old Ivan Ceron was charged with drunk driving, driving an unregistered vehicle and driving below the minimum posted speed.  Several people called 911 to alert the police. Thankfully no one was hurt unlike previous incidents of reckless driving that recently occurred on the LIE. On August 31st , 3 people died and 11 were injured in a traffic accident on the Long Island Expressway near Maurice Ave in Queens. Results of preliminary investigation show that speed caused the accident. 10 days earlier 5 people died and six suffered injury in another crash related to speed on the LIE. Among those who died was an ex-Cuomo aid.

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accident sceneA livery car crashed into scaffolding and injured several people including a child. ABC7 reported that the crash occurred Saturday night around 9:45 pm in Harlem, New York. Very few details were provided as to what caused the crash and who were the victims. Pictures however show that the impact was strong as it destroyed the scaffolding.

Less than 24 hours earlier in Harlem, a pedestrian was seriously injured by a hit and run driver. The 32 year old man was visiting from Syracuse. The man was crossing Broadway near 125th street when he was struck by a car. The car must have hit the pedestrian at high speed as its bumper fell off after the crash. Despite a man on the ground and part of his car missing, the driver sped off and disappeared into the night. The police are still looking for him. The pedestrian was transported to the hospital. He suffered face injuries and a fractured left elbow according to the NY Daily News.

In Brooklyn, two people were injured in a crash involving a police car. The crash took place Monday afternoon in Park Slope according to the NY Daily News .

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drunk driving A woman died in a car accident in New York Yesterday. The accident was caused by a drunk driver. 49 year old Aissatou Diallo was travelling with her 16 year old son on the Brooklyn-Queens Expressway on their way to a wedding. A relative who was traveling in front of them had a flat tire. They stopped to help him. As Aissatou was waiting next to her car, a drunk driver rear ended her car. The car careened into the mother and sent her flying off the elevated highway. After the accident, the drunk driver tried to flee the scene of the accident on foot. He was chased  by Diallo’s son who caught him and held him until the arrival of the police. Diallo’s son told the police that the driver, 43 year old Vladimir Menin, was so drunk that he couldn’t speak coherently.  Aissatou Diallo was transported to the hospital in critical condition. She later died from her injuries.

Read more in the NY Daily News

Image: courtesy of pixabay

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The reckless driver of a BMW who killed a mother and severely injured her daughter in a car accident in New York City and ran away has been arrested by the police. Last Sunday 58 year old Jairam Budhu was driving  his BMW with a suspended license at twice the authorized speed limit when he blew a right light and crashed into another car killing a mother and critically injuring her daughter. He then fled the scene of the accident on foot leaving in his car a passenger who was also injured. He was found by the police while having a drink on his porch at 8:00 am on Sunday morning. He was arrested and charged with manslaughter, assault, criminally negligent homicide, leaving the scene of an accident and unlicensed operation of a car. Read more in the NY Daily News

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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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