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 wrongful death NYC

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accident sceneIn less than 8 hours, 2 people were injured and 2 people died in car crashes in New York City.

A pedestrian was killed and another one was seriously injured in a car accident early Monday morning

The two men in their 40ies were crossing the street mid-block near Rockaway Boulevard and Woodhaven Boulevard  in Ozone Park, Queens, around 12:30 am on Monday when they got struck by a car. They were both transported to the hospital. One of them died and the other one is clinging to life. The victim who passed away was identified as Marcelo Pelaez. The 30 year old driver of the car and his pregnant wife who was sitting in the passenger seat were not injured. They stayed at the scene of the accident. The driver was not charged. (Read more in the NY Daily News)

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unprotected bike lane on 35th StreetWhile the NYPD mentioned to media that the woman who fatally struck a delivery worker in Queens, NYC and crashed her car in the dining area of a restaurant might have suffered a medical episode, her family disagrees.

Costas Yerolemou, the ex-husband of Maro Yerolemou told Street Blog NYC that his ex-wife never had a medical episode and that her physical health was perfectly fine. However he said she was emotionally shaken by the accident and could not stop crying.

The family says another car rear-ended the Mercedes

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Construction Safety Conference NYC 2021How to prevent injuries and deaths caused by construction accidents in New York City is the main subject of the yearly Build Safe, Live Safe Conference organized by the NYC Department of Buildings.

The conference is digital for the second consecutive year because of the ongoing Covid19 restrictions in regards to large gatherings in indoor spaces.  The event started this Monday and continues until Friday.

The Conference which takes place during the same week as National Construction Safety Week, and OSHA’s National Safety Stand-Down to Prevent Falls in Construction is free and covers a broad area of subjects related to safety and sustainability in the construction industry in New York City such as :

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unprotected bike lane on 35th StreetA 37 year-old delivery man was killed and several other people were injured in a reckless car crash in Queens, NYC. The accident took place last Thursday night around 6:00 pm. A 60 year-old woman driving a 2013 Merccedez-Benz C-300 who was driving behind a slow-moving vehicle lost patience and decided to use the bike lane to pass the vehicle. She struck two parked cars and  37 year old Xing Long Lin, a delivery man on a scooter, who got trapped and dragged under the car as the driver continued to drive and crashed into the outdoor setting of Rosatoro Restaurant located at the corner of 35th Street and Ditmars Boulevard in Astoria, Queens. After the car crashed into the outdoor setting, it jumped the curb, knocked down a tree and ended in the front window of the restaurant.

Xing Long Lin died in the accident. The delivery worker  came to US from China 14 years ago and lived with his wife and his two children 5 and 9 year old  in Elmhurst. He was the sole provider for his family and was also taking car of his mother in China.

Among those injured was a 32 year-old woman who was sitting in the restaurant and who sustained injuries to her leg after glass and debris went flying into the dining areas. She was transported to the hospital to be treated.

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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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1,393 pedestrians, 695 bicyclists, 2,564 passengers and 4,332 motorists were injured in car accidents in NYC during the first 3 months of the year compared to respectively 2,206, 715, 3,306 and 5,032 during the same period a year earlier. After a peak in the first quarter of 2019 the number of  injuries sustained in crashes in the city declined in 2020 and reached a record low in 2021.

car accident injuries NYC Q1 2021
New York car accident fatalities followed the same trend. 22 pedestrians, 1 cyclist, 5 passengers and 10 motorists lost their life in traffic accidents in New York during the first quarter of 2021 compared to respectively 26, 1, 4 and 10 during the first 3 months of 2020.

New York car accident fatalities Q1 2021
In a city that has not yet returned to its usual level of activity, it make sense that less people would be injured or killed in crashes.

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2 construction workers died  and 79 were injured on the job in New York City during the first two months of 2021. One fatality occurred in  Staten Island and the other one in Manhattan. In both cases the worker fell. Last year, only one worker died in NYC construction accidents over the first 2 months of the year and the year before, no fatalities were recorded during the same period. Since 2015, the number of construction worker fatalities during the first two months of the year varied between 0 and 2. Among the 79 workers injured, 41 of them were injured in fall accidents. (click on graphs for full size)

construction accident deaths by borough February 2021
Falls remain the most common cause of fatalities for construction workers in New York City. The two fatal accidents that occurred in February were falls. Both accidents could have been prevented if adequate safety measures had been in place. The first accident took place on a construction site located at 730 5th Avenue in Manhattan. The worker who died was cleaning an area where a permanent building trash chute was being installed. He stepped on a hole cover that snapped and gave way. The worker fell to the floor below. He was transported to the hospital where he died from his injuries. The second fatal accident occurred at 144 Dunham Street in Staten Island. A roofer fell from the roof and did not survive the injuries he sustained during the fall. The inspectors found that the working permit for the construction site had expired. Multiple safety infractions were found at the site and the DOB issued a full stop work order for failure to safeguard persons and property. Roofers have the highest rate of fatalities among all categories of construction workers.

Factors in NYC fatal construction accidents February 21
79 construction workers were injured in New York City during the first two months of the year. This is the lowest number of workers injured during the first two months of the year since 2017. 48 of these accidents took place in Manhattan, 14 in Brooklyn, 11 in Queens, 4 in the Bronx and 1 in Staten Island.

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Pedestrian and cyclist injuries and fatalities were lower than usual last February and so were motorcyclist, bus and truck accidents.

Traffic Accident injuries reached a record low in New York City in January and February. While February car accident injuries always reach a yearly low, the number of NYC car accident injuries was at its lowest since Vision Zero started. 2,503 people were injured in traffic accidents in New York City compared to 3,028 a month earlier and 4,006 in February 2020. The number of traffic accident injuries mostly dropped over the last 12 months because of the Covid19 crisis that affected the City and slow down activities. (click on graphs for full sizes)

Traffic Accident Injuries NYC February 2021
Motor vehicle accident injuries in NYC in February 2021 by category
After reaching annual record highs over the summer of 2020, the number of New York auto accident deaths also declined and stabilized to numbers somewhat similar to previous years despite the slowdown. 10 people died in traffic accidents last February compared to 13 in January and 17 in February 2020.  Since Vision Zero was launched in 2014, the number of traffic accident fatalities in February has been oscillating between 17 and 10 with 10 last month being the lowest. Fatalities were mostly pedestrian fatalities.

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It is very disappointing to see how some motorists in NYC have so little concern about pedestrian safety. In the video below, a man driving a pick up truck makes a right turn without yielding to an elderly pedestrian in Brooklyn, knocking him down to the ground and just continuing on his way as if nothing happened.  The police are now looking for him.

location of the Boulevard of Death accidentAnother pedestrian recently died from the injuries he sustained in a similar accident.  Last Friday afternoon , 55 year old Jaipaul Persaud was crossing Queens Boulevard, also nicknamed “Boulevard of Death”, when a motorist making a left turn off 84th Drive onto Queens Boulevard fatally struck him (see location of the accident on Google map picture to the left). The pedestrian was in the crosswalk with the light in his favor. The 33 year old woman who struck him also travelled at the green light but was supposed to yield to pedestrians while making her left turn. The impact was so intense that Persaud who was hit by the front bumper of the car, flew onto the windshield and then crashed down on the street. Persaud was rushed to the emergency room but he died from his injuries on Sunday. The driver stayed at the scene of the accident and so far has not been charged (read more in the Daily News and in the LIC Post )

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location of the blakhoe accidentA New York City pedestrian crossing the street was killed by a backhoe on Friday afternoon. 61 year old Estelle Davis was walking in a crosswalk near New Lots and Van Sinderen Avenues. She was looking down at her phone when a backhoe that was doing work nearby struck her.  The backhoe belongs to Vail Industry, an independent contractor that was hired by Con Ed to perform some work in the area. Estelle Davis was on her way to work. She was a nurse working two jobs and also serves as pastor on Sunday.

The police thought initially that the woman was killed by a hit-and-run driver but a video surveillance captured images of the accident. Investigation is still ongoing but it is not clear yet why heavy construction equipment was backing up in a pedestrian area with no protection or warning. A flag worker was present at the scene but he was positioned on the other side of the machine. (Read more in the NY Daily News )

Extensive regulations have been developed by OSHA to prevent pedestrians being run over by heavy construction equipment

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