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 personal injury nyc

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location of the pedestrian accidenta 4 year old pedestrian died and a 6 year old suffered serious injury in a dramatic accident that occurred on their way to school. The accident occurred yesterday morning around 9:15. The two children had just been dropped in front of Yeshiva Ketana of Bensonhurst on 67th Street near 20th Ave (see Google map picture on the left)  by a 76 year old van driver who then ran over them. The investigation is still ongoing to find out exactly how the accident occurred.  The driver of the van apparently did not realize he hit the children and left the scene of the accident.  The two boys were transported to the hospital where one of them was pronounced dead. The other one survived with serious injuries. The driver of the van returned later to the scene of the accident and was questioned by the police. According to preliminary investigation, the children found themselves in the street in front of the van instead of being on the sidewalk. The driver told the police he didn’t know that he hit the children and he was not charged. City records however show that since 2016, the driver accumulated two red-light camera and two school zone speeding tickets.

Another 4 year old child was injured in a car accident in Brooklyn on Saturday evening…

According to the Gothamist, the young pedestrian was in the crosswalk on Ocean Avenue when a driver heading westbound on Parkside Ave hit him.   The accident occurred around 9:00 pm. The boy was transported to the hospital in serious condition. The 50 year old driver stayed at the scene of the accident and so far has not been not charged.

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location of the crashA mother of six children suffered life threatening injuries in a car accident in New York City early Tuesday morning. The accident occurred a little bit after midnight. The 32 year old victim identified as Malka Braver was riding in the back of a Honda Accord driven by a Lyft driver. As their car was crossing the intersection of Dekalb Avenue and Bedford Avenue (see Google map picture on the left) with the light in their favor, a reckless driver speeding down Dekalb Avenue in a Dodge Charger blew the red light and T-boned the back of the Lyft car. The impact was so intense that the victim got ejected from the Honda which spun around, crashed into another parked vehicle and jumped the curb to finally stop right in front a the entrance of a deli. The victim was rushed to the hospital where she is still fighting for her life. The Lyft driver and the Charger driver both suffered minor injuries and were also transported to the hospital according to the police. The driver of the Dodge Charger was identified as 22 year old Ryan Ortiz from Middletown, NY.  The car driven by Ortiz was a souped-up dodge charger with vanity plates “SCR3AM” and a wrap-around design from the horror movie Scream. Videos of the car performing donuts in the Kings Plaza Shopping Center parking lot a few hours before the accident were found on social media. Ortiz was not arrested and the investigation is ongoing. Read more in the Gothamist  .

One day earlier another young driver killed his passenger and almost killed himself in reckless Queens crash

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After reaching a record high in September, NYC auto accident fatalities remained high with 12 pedestrians, 1 cyclist, 4 passengers and 7 drivers killed in auto accidents in October compared to respectively 13 pedestrians, 6 bicyclists, 2 passengers and 14 drivers last September and 9 pedestrians, 3 cyclists, 1 passengers and 5 drivers in October 2019 (click on graphs for full format)

After remaining below 20 for the last 4 years, motor vehicle accident fatalities for the month of October  are back to pre Vision Zero levels with a total of 24 people killed on NYC streets.

Auto accident deaths NYC October 2020
While the number of traffic deaths was higher, the number of people injured in car accidents in New York City was at the lowest level for for the 8 years under review in the graph below. A total of 4,235 people sustained injuries in traffic accidents in the city compared to respectively 5,204, 5,498, 5,450, 5,083, 4,851, 4,692 and 4,830 in October 2019, 2018, 2017, 2016, 2015, 2014 and 2013.

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e-scooter-4496668_640While e-scooters can be a very convenient way to commute in big cities, e-scooter accidents can result in very bad injuries including head trauma. In New York, it is now legal to ride a E-scooters but by-the minute rental which are already popular in many cities around the world are still not available in the Big Apple. However things are about to change and the city has been recently receiving offers from rental companies to  start providing services to New Yorkers next March.

NO RENTAL IN MANHATTAN

Manhattan will still be off-limits for e-scooter rental companies. The city will favor areas that are not well served by other transportation options. While the idea to favor areas with less transportation options might sounds like a good idea, it would be interesting to know how the city is planning to protect e-scooter users in these areas.  As a reminder, Citi Bike started to implement their program in the Bronx recently while the DOT has been too slow at installing protected bike lanes in the borough.  The result is an increase of 40% of bicycle accident injuries in the Bronx since the beginning of the year.

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Construction Accident Injuries in New York City in May 2020To reduce construction accident injuries and deaths in New York City, Local Law 196 was signed in 2017. The law requires that hard hats working on most New York City construction sites obtain a SST card in a specific deadline. To obtain this card, construction workers must complete at least 40 hours of OSHA or DOB approved safety training while their supervisors are required to complete at least 62 hours of safety training. Because of the Covid-19 situation, the deadline to obtain the SSD card was extended to March 2021.

The NYC Department of Buildings announced that as of today 100,000 nyc construction workers completed their training and obtained their SSD card

The DOT believes that the safety training led to a reduction of more than 20% of work site injuries in New York City last year.  The DOB also announced that construction companies with more than 15 employees can now file an application to receive a one-time grant to help reduce the cost related to training.

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A moped rider and 2 pedestrians were struck by cars in New York City in less than 24h.

In the first accident a driver hit a 94 year old man in a motorized wheelchair. The accident occurred yesterday afternoon on the Upper East Side of Manhattan. The elderly man was crossing 5th Ave at the intersection of 95th street. He was in the crosswalk when a 32 year old driver struck him. The victim was critically injured and was rushed to the hospital. He is now in stable condition according to the NY Daily News.   The driver stayed at the scene of the accident and wasn’t charged as police indicated that it was not clear who had the right of way.

https://www.youtube.com/watch?v=F6In0OUvQm8

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protected bike lane saves livesWhile bicycle accidents injuries in New York City went down by 3.6% during the last 3 months compared to the same period last year, bicycle accident injuries in the Bronx increased by 35 %. Bicyclist activist organization, Transportation Alternatives has been asking the city to install more bike lanes in the Bronx but instead the DOT is planning to use more police enforcement.

At the beginning of the summer the NYPD organized a four-weeks enforcement blitz to tame down speeding and failure to yield at Bronx high crash corridors such as Bruckner Boulevard and is planning to organize another one soon.

However while the blitz was  effective in preventing pedestrian accidents, it didn’t curb the soaring number of bicycle accidents in the Bronx this summer. On June 11th, a 24 year old cyclist died from his injuries  after being hit by a car on on Willis Avenue and E. 138th Street. The same day, a 38 year old cyclist was fatally struck by a truck on Park Avenue near 138th Street. Then, on June 20, a 43 year old man riding a e-bike in Pelham Bay Park died after being struck by a vehicle. Last week a cyclist who was hit by a car near East 175th street on August 5th and fought for his life for almost a month, died from his injuries. As mentioned above the number of bicycle accidents injuries is also soaring in the Bronx and a police blitz will have little effect on changing this dangerous trend. In an article in StreetBlog, Edwin Figueroa, a senior organizer at Transportation Alternatives, is asking for permanent measures allowing cyclists to be safe when commuting in the Bronx. “What cyclists from all over the city, but especially in the Bronx, need from this administration is more protected bike-lane infrastructure. The Bronx needs redesigned streets that are self-enforcing, not streets that are reliant on NYPD enforcement to ensure safeness,” he said.

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construction workersTo prevent and reduce construction accidents injuries and deaths in New York City, Local Law 196 requires that most construction workers receive 40 hours of safety training and that their supervisor receive 62 hours of training.  Local Law 196 was passed in 2017 after construction accidents fatalities recorded by the DOB went from 3 in 2013 to 8 in 2014, 12 in 2015, 12 in 2016 and 12 again in 2017. The original deadline for workers to receive their 40 hours of training was September 1 2020 but because much of the “in-person training” was cancelled or postponed because of the covid-19 crisis, the Department of Buildings extended the deadline to March 1 2021. The classes can be taken in person or online.  Online classes are available in multiple languages.

Most construction workers and their supervisors must comply with Local law 196 to be able to work at their construction site

The only construction workers who are exempted from getting safety training are DCA-licensed Home Improvement Contractors and workers at job sites that only involve minor alterations as well as workers building a new 1, 2 or 3-family home. Workers who are not sure if their sites require safety training can consult the interactive site safety construction map.  Personal on these specific sites that do not require safety training are the site owners, the projects managers, the professional engineers, the architects, the developers, the delivery people, the construction managers, the flag persons, the general contractors, the people taking care of the concrete testing, the filing representatives, the security officers, the special inspectors, the service technicians and the consultants. All other construction workers at the sites including demolition workers, construction superintendents, site safety coordinators, site safety managers, forepersons, journey men, employees of DOB licensees or registrants must comply with Local Law 196.  Those who need to take classes can use the DOB”s map of approved course providers or go to the OSHA website to locate a course provider or take an online class.

 

 

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22 construction workers were injured in New York City during the month of May compared to 6 during the month of April and 51 during the same month a year earlier. As most New Yorkers were still required to stay home during the month of May,  more than 5,000 non essential construction sites were authorized to re-open at the end of April on the condition that they were following the Covid-19 safety protocol for the industry such as disinfecting tools, social distancing and wearing masks. The gradual opening of New York City construction sites lead to a small increased in the number of hard hats injured on the job in NYC. There were no deaths recorded during the month of May. So far since the beginning of 2020 only one worker died on a New York construction site in February. Manhattan had the highest number of injuries, followed by Brooklyn, the Bronx and Queens.

Construction Accident Injuries in New York City in May 2020
Most injuries were minors and classified under “others” and the few others were related to falls. Fall is the most common cause of accident injuries and deaths in the construction industry not only in New York City but also in the US.

NYC construction accident injuries by categories May 2020
12 construction workers were injured on Manhattan construction sites. Some injuries were minors. A worker cut his finger  with a box cutter, another one punctured his foot after walking on a nail.

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location of the truck accidentSeveral people were injured in a pickup truck accident in New York City last week . The crash occurred in Sunset Park, Brooklyn, NYC.  The driver of a Ford pick up truck crashed into the barriers of  an outdoor dining areas erected on Fifth Avenue near 41st Street by L’Wren restaurant (see Google map Picture on the left). “Open Restaurants”, the city’s initiative to expand dining area into the street to reduce the risk of covid-19 propagation is allowing restaurants to create outdoors dining area on parking spaces. As a result cars are driving right on the side of people having food and drinks. Protective barriers are mandatory, however in the case of the accident that occurred at L’Wren restaurant, the 5000-pound pick up truck knocked them down onto the floor.  3 patrons were injured and taken to the hospital to be treated for minor injuries. A mother just had the time to scoop her two kids away to prevent them from being injured. The scene was really scary according to witnesses and it could have been much worse. The driver of the pickup truck stayed at the scene of the accident. The police found that he was unlicensed and he was issued a summon for driving without a license and let go. Read more in Street Blog.

This is the second time that a vehicle plows into the outdoor area of a restaurant in New York City

On July 13, a driver made a mistake and press on the gas pedal instead of the brake pedal and crashed into the outdoor seating of 12 Corazones Restaurant and bar on Roosevelt Avenue in Queens. A waitress and 4 customers were injured and hospitalized after the car jumped the sidewalk and crashed into the restaurant at full speed destroying not only the seating area but also the indoor structure of the establishment. (see video here).