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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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 e-bike crash with Rolls RoyceA Man who was seriously injured in a e-bike accident near the Queens-Midtown tunnel on Saturday November 28th died from his injuries, the NYPD announced on Tuesday. 28 year old Jakir Hossain from the Bronx was riding an electrical bike on East 38th Street, Saturday November 28th around 8:45 pm when he was struck by the driver of a Rolls Royce convertible travelling North on Tunnel Exit Street. The cyclist was ejected from his bike and suffered multiple trauma to his head and his body. He was transported to the hospital where he died from his injuries after more than a week of pain and suffering.

The 30 year old driver of the Rolls Royce was not charged. The investigation is still ongoing. The report mentions that the driver had the green light . Tunnel Exit Street is notoriously dangerous. Drivers are speeding and visibility is bad. Last year 17 crashes were reported on this short street segment.

The death of Jakir Hossain once again demonstrates that while more and more people are riding bicycles in  New York City, many streets of the city are still extremely dangerous to ride and more should be done to protect cyclists. Read more in Street Blog

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location of the e-bike colision with SUVA driver fatally struck an e-bike rider in New York and then fled the scene of the accident. 42 year old Ernesto Guzman of East Harlem was delivering a pizza on his e-bike yesterday around 4:30 pm when a black Chevrolet Tahoe SUV with TLC plates crashed into him. The driver then left, leaving the man dying on the street. The accident occurred in East Harlem at the intersection of E. 97th Street and Second Avenue. The Police found the vehicle abandoned by the driver on E. 96th Street. They are still looking for the runaway driver. The victim had delivery bags with him and a witness at a nearby Deli told the NY Daily News that they flew 3 feet away during the collision.  The witness also mentioned that the victim was badly injured with a lot of blood coming out of his head.

When EMS and the police arrived, they transported the victim to a hospital emergency room which was just yards away from the scene of the accident but it was too late. Ernesto Guzman was so badly injured that he passed away.

The police are still investigating the accident. According to preliminary investigation, the e-bike rider was driving south on Second Ave when he was hit by the SUV driving  West on 97th Street.

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accident sceneFatal car accidents related to speed are on the rise in New York City and many of them are caused by young inexperienced drivers behind the wheel.

While New Yorkers witnessed or heard the noise of drag racing all over the city during the coronavirus lock-down that started at the end of March, the city is now about to enter phase 4 of reopening but many drivers seem not to have realized that they are not alone on the road anymore.

Two days ago a 21 year old driver was speeding on the southbound lanes of the Henry Hudson Parkway when he lost control of his Honda, slammed into the median, overturned and landed on the northbound side, hitting another driver in a Toyota

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location-of-the-fatal-scaffolding-accidentA construction worker died and 3 others were injured in a scaffolding accident in Manhattan. The accident occurred yesterday afternoon around 4:20pm at a 12 story condo building located at 136 East 36th Street near Lexington Ave in Murray Hill.

According to witnesses, two hard hats on a suspended scaffold were repairing the facade at the 11th floor level when a piece of the parapet fell into the suspended scaffolding. In a chain reaction, the rig then fell onto the street shed, destroying it.

According to the Daily News a 50 year old worker died in the accident. 2 other workers suffered serious injury and are in critical condition. Another one suffered minor injury.

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Location of the MTA bus accidentA 19 year old female bicyclist was killed in a MTA bus accident yesterday.  The young woman was struck by the BmX10 bus on Fifth Avenue at the corner of the 59th Street intersection.

It is still not exactly clear how the accident occurred. A hot dog vendor who witnessed the accident told the NY Daily News that it seemed that the young woman was trying to merge into traffic from 60th street and that she was struck by the bus and then dragged under the wheels for about half a block until the bus driver stopped.

The cyclist died at the scene of the accident from severe head trauma. The driver stayed at the scene of the accident. Despite its proximity to Central Park, Fifth Avenue doesn’t have a bike lane in the Upper East Side area, therefore the many cyclists coming out of the Park at this location have to navigate between the buses and the car traffic which can be very dangerous on this busy avenue.

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IMG_3253-e1580916956170Two years ago, Harry Ramnauh was crushed to death by a glass panel at a Manhattan construction site. He was a security guard at the construction site of the $3 billion Luxury Central Park Tower which when completed will be the tallest residential building in the world. Reaching 112 floors and a height of 1,550 feet, it is also the most expensive development in New York City. Apartments are listed at up to $63 million with a total projected sellout of $4 billion. (see building under construction on the right side of the picture)

Contractor argues that “failure to safeguard the public” doesn’t apply because the victim was a worker

After the death of the security guard, The New York City Department of Buildings (DOB) issued several citations to Lendlease, the general contractor for the construction of the residential tower.  Lendlease successfully fought most of the violations and recently filed another petition against the DOB and the Office of Administration Trials and Hearings  arguing that one of the citations, “failure to safeguard the public during construction”, doesn’t apply to the case because the victim was not a member of the public but a worker at the construction site. Lendlease also argues that the violation was issued based on an inspection that occurred 3 days after the accident and therefore it didn’t reflect the conditions at the time of the fatal construction accident.

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A 91 year old pedestrian died in a car accident in New York last Saturday morning. The elderly man was crossing Canal Street at the intersection of Elizabeth Street around 6:30 am when he was struck by a car belonging to the NYC Sanitation Department.

The man was rushed to the hospital in critical condition with trauma all over his body. He later on died from his injuries.

The 61 year old sanitation worker who was driving the car stayed at the scene of the accident and was not charged.

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Following the tragic death of  architect Erica Tishman who was killed by falling debris in Times Square, New York two days ago, Inside Edition looked at previous cases of victims struck by falling debris.

They talked to our client Jayson Greene who lost his 2 year old daughter Greta after a brick fell on her. At the time of the accident, Greta was sitting on her grandmother’s lap on a bench in the Upper West Side of Manhattan (see more info in previous blog). Jason  told Inside Edition that no one in New York City should fear for their life when walking in the street. He felt very sad for the family of Erica Tishman who will have to endure the same tragedy his family went through when his daughter was killed.

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location of the bicycle and dump truck accidentA 25 year old cyclist was killed by a garbage truck in New York early Sunday morning. Matt Travis is the 28th person to die in a bicycle accident in New York City this year. Matt was riding South on the Willis Ave Bridge bike path when a dump truck made an illegal U-turn to get on the bridge from a service road (technically 1st Avenue, see map) and fatally struck him. The driver then fled the scene of the accident. The police indicated that they are looking for him but they haven’t released any information yet.

Matt was found by the police lying on the street with severe trauma. He was rushed to the hospital where he was pronounced dead.

Matt Travis was a rising star pro wrestler and a student at the House of Glorty Wrestling School in Queens. He was recently interviewed by Vice magazine about his passion. Friends and fans have been posting tributes to the young man on social media and at the location of the accident.

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