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 New York Wrongful Death

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Forsyth and Houston where the fatal hit and run crash occurred21 year old Andy Eduardo Gil was killed in a hit and run accident in Manhattan. The accident occurred on Houston Street at the intersection of Forsyth Street just one block away from where NYU student Raife Miligan was killed by a drunk driver  in May (see previous blog) and a few blocks away from where another hit and run driver killed 23 year old Borkot Ullah, a delivery cyclist in 2021. According to workers who were able to see a video surveillance of the accident, the car was speeding when the driver hit the pedestrian who was in the crosswalk.

According to a recent article in Transportation Alternatives, speeding is quite common on Houston Street. The speeding camera installed at the intersection of East Houston and Avenue C issued 18,870 tickets in the fiscal year of 2021 which is the equivalent of a ticket every 13 minutes of operations which is 6:00 am to 10:00 pm during weekdays only until August 1st. Starting August 1st speed cameras will be turned on 24 hours a day, 7 days a week in the city and hopefully will deter drivers speeding at night or during the week-end.

Houston Street is a very dangerous corridor of downtown Manhattan and Transportation Alternatives mentions that it was redesigned and the width of the travel lanes were enlarged which resulted in increased speeding.  The city promised in late 2020 to install “enhanced crossing” for pedestrians but so far nothing has been done.

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Raife fatally struck by drunk driverMichael de Guzman had a blood-alcohol content of .13 when he struck  and killed a pedestrian in Downtown Manhattan.

21 year old Raife Miligan was attempting to cross Houston Street near First Avenue last Monday around 2:45 am when the drunk driver fatally hit him.

According to an article published yesterday in the New York Post, just after he struck the student with his red Chevy Camaro, the driver told the police that he saw “a shadow running across the street” and while he tried to swerve to avoid it, he crashed into a Honda CRV and the divider. The officer who took the complaint wrote the following “I observed [de Guzman] ask the passenger of his vehicle if he hit the other car and the passenger stated to [de Guzman] in substance, no you just hit the guy, meaning the pedestrian,”.

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Another NYC pedestrian hit by an out of control driver died. A week ago, 38 year old Jennifer Tolliver was walking on a NYC sidewalk with her 6 year old son Ashton when they were struck in the back by an out of control driver who jumped the curb (see previous blog).  Tolliver and her son were rushed to the hospital in critical condition. The driver who hit them was also transported to the hospital. He was seriously injured but was in stable condition. Yesterday the police announced that Jennifer Tolliver died from her injuries leaving behind her son for whom the police did not provide an update. The police also confirmed that they did not charge the driver. At the time of the accident the police mentioned that the driver may have suffered a medical episode however they did not provide any update about it and what type of medical episode he may have suffered. Read more in the NY Post

In New York City one pedestrian dies approximately every 3 days in a car accident

According to the most recent NYPD statistics, 10 pedestrians died in car accidents in New York City in February and 11 in January for a total of 21 for the first two months of the year. This is the highest number of pedestrian fatalities for the first two months of the year since 2020 when 23 pedestrians died during the first two months of the year.

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Reckless driving  and speeding caused 6 people to die and several to be injured in multiple car accidents all over the city. On Monday early morning, around 2:00 am, a black BMW landed on the Amtrak tracks below the Henry Hudson parkway around 183rd Street. The driver lost control of the vehicle and went over the barriers of the highway. When the car landed on the tracks it exploded, killing the driver and the passenger. The police was seen at the scene investigating the accident while Amtrak published a service advisory signaling delays for the trains travelling between Pen Station and Albany.

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A 71 year old cyclist was fatally struck by a postal truck at the intersection of 86th Street and Central Park West in Manhattan, NYC.

Last Tuesday around 5:40 pm, Jeffrey Williamson, an avid cyclist, was commuting back from his work downtown to his house in the Upper West Side when a postal truck making a right turn from Central Park West onto the 86th Street traverse hit him. The cyclist, a marketing professional who was close to retirement, was in the bike lane when the truck struck him.

He was rushed to the hospital where he died a few hours later from body trauma. He leaves behind his wife, 68 year old Chris Brimer and two children.

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location of the fatal pedestrian and e-bike collisionA pedestrian died from his injuries after being struck by an e-bike in NYC. The accident took place on the Upper West Side in Manhattan. 71 year old Hing Chung, the manager of the Dim Sum restaurant Jing Fong, stepped on the bike lane between two cars and was hit by a 39 year old cyclist travelling North on the bike lane. The accident occurred a few steps away from his restaurant. The e-bike rider stayed at the scene of the accident and was not charged.

Hing Chung was hospitalized and later on died from his injuries at the hospital. The restaurant manager immigrated from Hong Kong more than 30 years ago and was a friendly and funny man who was loved by his clients and employees. (read more in the Gothamist)

3 fatal collisions between pedestrians and e-bikes in NYC since 2014

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location of the van accidentSeven pedestrians including two children were injured in a wild car accident in Manhattan last week. The accident took place on the Upper East Side, on March 5th, a little before 9:00 am. The 66 year old driver of a van lost control of his vehicle, striking a car on Second Avenue between 50th and 51st Street. The car went flying into the dining shed of Crave Fishbar, totally destroying it, while the van struck a food stand, a scaffolding structure and a traffic light post. Because it was early morning, the dining shed was empty however two young pedestrians, one 5 year old and one 7 year old, were injured by flying debris from the dining shack. The owner of the fruit stand as well 3 other pedestrians were also injured when the van crashed. The occupants of the car were the most seriously injured however none of the injuries were life threatening.

The driver of the van might have suffered a medical episode according to some media or might have been driving while intoxicated according to other media. The investigation is still ongoing. He was identified as 66 year old Noman Ahmed, a delivery driver for the Long Island based company Mega Elevator Parts. According to the Gothamist, the driver has been working with  the company for 20 years and never had any other incident.

https://www.youtube.com/watch?v=0W9jMmQxeOI

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fall fatalities in NYC 2020A hard hat died after he fell from the 16th floor at a construction site in Manhattan. The 52 year old worker was a unionized sheet metal worker who had been with Local 28 for 24 years. He was doing doing some work at the NYU Ambulatory Care Center located on 41st Street between Third and Second Avenue in Midtown Manhattan. The Medical Center is open to patients but some construction is still going on inside and outside. The DOB told the media that the fall was not related to the construction going on inside the building. The worker arrived at the Medical Center at 6:30 am last Friday morning and went to the back of the building and took a hoist elevator that runs at the exterior of the building. Two hours later the man fell and was found lying dead on the ground at the back of the building. The DOT is still investigating the exact cause of the accident.

Eric Meslin, Sheet Metal Workers Local 28 president and business manager  told the News “I worked with him personally back when we had tools on. He was a good guy to be around,” Meslin said. “He had a big personality. It’s hitting our members hard.”

Falls are the number one cause of construction workers fatalities. Last year among the 8 construction workers fatalities reported by the New York City Department of Buildings, 4 of them were falls. (see previous blog)

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accident sceneA pedestrian was fatally hit by a dump truck last week in Times Square, Midtown Manhattan. The accident occurred Saturday afternoon around 3:00 pm. The pedestrian, a 64 year old woman whose name was not released, was crossing 7th Avenue at the intersection of 45th Street when she was struck by a large dump truck. The driver did not stop immediately and the pedestrian got stuck under the vehicle and dragged by the truck while horrified witnesses started to scream at the driver who then stopped and remained at the scene of the accident.

A street vendor with a stand right at the corner of the intersection told the NY Daily News that there was a lot of blood and when EMS removed the victim from under the truck she was not moving. However she was still alive and rushed to the hospital with critical injuries including severe leg trauma. She later died from her injuries at the hospital.

Truck side guards might have prevented the victim to get dragged under the truck

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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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