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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Fazil Khan victim of a lithium battery explosionIn an urgent response to the rising threat posed by lithium-ion battery fires, New York City Council has enacted two new e-bike safety regulations. This legislative action, motivated by a tragic fire in Harlem sparked by a lithium-ion battery, underscores the city’s commitment to addressing the dangers associated with these batteries. The fire accident, which claimed the life of 27-year-old Fazil Khan, a young journalist,  and critically injured four others, has catalyzed a city-wide discourse on the safety of e-mobility devices.

The first rule mandates that businesses selling e-bikes and e-scooters must display safety information regarding the storage of lithium-ion batteries both in-store and online. This is a critical measure aimed at educating the public on proper battery handling to mitigate fire risks. The second regulation intensifies the crackdown on the sale of non-UL-certified batteries by enhancing penalties for illegal sales and bolstering city enforcement. These steps, while significant, are part of a broader call for comprehensive federal legislation to ensure the sale of only certified batteries across the United States.

Parallel to these legislative efforts, New York City is pioneering a solution to one of the most pressing issues related to e-bike safety: battery charging. The city has launched a pilot program to establish public e-bike charging hubs in Manhattan and Brooklyn, offering a safer alternative to charging batteries indoors. The initiative kicked off with the unveiling of the first hub at Cooper Square in the East Village.

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location of the fatal pedestrian pickup truck accidentThe tragic death of Danielle Aber in Greenpoint, Brooklyn, after enduring a week of suffering from injuries sustained in a truck accident, casts a stark light on the vulnerabilities pedestrians face and the critical need for stronger legal safeguards. This accident not only highlights the physical and emotional toll on the victim and their loved ones but also highlights the gaps in our legal and traffic safety systems.

Danielle Aber’s prolonged fight for life before succumbing to her injuries raises significant legal and ethical questions about the responsibilities of drivers, particularly those operating large vehicles in densely populated areas. The charges against the pick-up truck driver, Stanley Manel who had 26 previous camera violations, for failing to yield and exercise due care, while necessary, prompt a broader discussion on the adequacy of such measures in addressing the severity of the consequences of traffic violations.

The Urgent Need for Legal and Policy Reform

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Brooklyn location of the fatal bicycle accidentOn Tuesday morning a cyclist was fatally injured in a collision precipitated by a suddenly opened car door in Williamsburg, Brooklyn. The impact sent the cyclist into the path of an oncoming Hyundai Elantra, resulting in catastrophic injuries that led to his untimely death. The accident occurred a block away from another fatal crash less than 12 hours prior.

As bicycle accident lawyers deeply entrenched in the fight for NYC cyclists’ rights and safety, these two accidents underscore a critical and ongoing issue within our urban infrastructure and legal systems.

While the driver of the Elantra remained at the scene and an investigation is underway, the legal journey ahead for the victims’ families will undoubtedly be fraught with challenges. In cases like these, a bicycle accident lawyer plays a crucial role in navigating the complexities of the legal system, advocating for the deceased’s rights, and ensuring that justice is served. This includes thorough investigations to establish liability, negotiating with insurance companies, and if necessary, litigating to secure compensation for the victims’ families.

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Last week in Sunset Park, Brooklyn, a 74-year-old woman lost her life in a manner that no one should ever have to fear: struck down by falling debris from her own home. A large chunk of decorative brick façade, stationed above the entrance door of a three-story brownstone at 5402 6th Ave. and 54th Street, plummeted to the ground. At the time, the victim was clearing snow from the steps of her residence. Surveillance footage captured the moment the façade began to give way, leading to her urgent transportation to Maimonides Medical Center, where she was tragically pronounced dead. This incident not only took a life but also raised alarming questions about the structural integrity and maintenance of aging buildings in our urban landscapes.

The Department of Buildings’ subsequent investigation revealed a distressing oversight, resulting in a Vacate Order for the building and a violation issued to the property owner for failure to maintain the structure. These actions, while necessary, serve as a cold comfort to those affected by this tragedy and highlight a pervasive issue in our city’s housing maintenance and safety protocols.

falling-debrislawyerBen-RubinowitzA few years ago, our falling debris attorneys represented the family of  2-year-old Greta Green who was killed in front of her grandmother’s eye by a decorative terra cotta piece that broke and fell 8 stories from an Upper West Side Building. This event brought to light the limitations of New York State’s “zone of danger” law, which initially excluded grandparents from claiming emotional damages for witnessing a family member’s death. The grandmother’s claim was initially dismissed, but the persistent efforts of our attorneys led to a landmark decision by the Court of Appeals, which reversed the dismissal. This case not only reinstated the grandmother’s claim but also set a precedent for including grandparents in the “zone of danger” damages while underscoring the firm’s dedication to changing laws to achieve justice and encouraging landlords and building owners to maintain their properties to prevent such tragedies.

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Amadou_DialloAs we mark the 25th anniversary of the tragic death of Amadou Diallo, our hearts are once again with his family and all those who have been affected by similar injustices. Amadou, an unarmed 23-year-old immigrant from Guinea, was killed on February 4, 1999, by plainclothes officers of the New York City Police Department’s Street Crime Unit. The loss of Amadou under a hail of 41 bullets, based on a grievous misjudgment, is a moment that remains etched in the memory of our city and our nation.

Our firm had the solemn privilege of representing Amadou’s family in their quest for justice and accountability. Although no legal outcome could ever compensate for the loss of a loved one, the $3 million settlement reached with the City of New York in March 2004 was a recognition of the profound wrongness of the actions that led to Amadou’s death. It was one of the largest settlements of its kind under New York State’s “wrongful death law”, highlighting the gravity of the negligence, wrongful death, racial profiling, and violations of civil rights that occurred.

The acquittal of the officers involved did not deter us from our pursuit of justice, nor did it silence the voices demanding change. Instead, it galvanized a movement towards police reform and accountability that continues to this day. The disbandment of the Street Crime Unit in 2002 and the ongoing calls for transparency and fairness in policing are testaments to the enduring impact of Amadou’s story.

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The intersection where the unlicensed driver killed ChristianFourteen-year-old Christian Antoine was struck and killed by the reckless actions of an unlicensed and speeding driver last Saturday evening in Brooklyn, NYC. The accident occurred at the intersection of Glenwood Rd. and E. 81st St. in Canarsie.

Christian was more than just a statistic in the rising toll of pedestrian fatalities; he was a young boy with dreams, a loving family, and a future that was unjustly cut short. According to reports, 45-year-old Rayan Salmon, driving a 2018 Mercedes SUV at an unsafe speed, caused a chain-reaction crash that ultimately led to Christian’s untimely death. This incident is a reminder of the catastrophic consequences of negligent driving and the critical need for stringent enforcement of traffic laws.

As pedestrian accident lawyers in NYC, we have seen the aftermath of such tragedies unfold too many times. Families are left to navigate their grief while grappling with the legal complexities of seeking justice for their loved ones. In Christian’s case, the charges against Salmon for aggravated unlicensed operation underscore the severe risks unlicensed drivers pose to public safety. However, these charges are just the beginning of a long legal journey for Christian’s family to seek accountability and compensation for their loss.

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Queens Boulevard, once notoriously dubbed “the Boulevard of Death,” has seen a remarkable turnaround. In 1997, this street was a pedestrian nightmare, claiming 18 lives. However, since Vision Zero’s implementation in 2014, fatalities have drastically reduced, with some years witnessing zero deaths.

ThAtlantic Avenueis transformation didn’t happen by chance. It was the result of a concerted effort by the city, involving adjustments in pedestrian signal timings, road safety improvements, and the introduction of bike lanes. These measures not only enhanced safety but also fostered a more pedestrian and cyclist-friendly environment.

However, Atlantic Avenue tells a different story. Despite being another major NYC artery, it hasn’t received the same level of attention or intervention. The result is alarming: in the last decade, Atlantic Avenue has witnessed 40 traffic deaths, a number four times higher than that of Queens Boulevard. This stark contrast exemplifies the uneven application of Vision Zero across the city.

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Bronx location of the fatal hit and run accidentLourdes Camilo, a Bronx resident, was fatally injured in a hit-and-run accident at the intersection of Melrose Avenue and East 156th Street. This incident underscores the importance of road safety and the consequences of traffic law violations. It also reflects on the necessity for enhanced pedestrian protection measures.

The involvement of two vehicles – a white SUV that fled and a green Jeep Cherokee that stayed – brings forth different legal considerations.

1. Liability in Hit-and-Run: The driver of the white SUV, who left the scene, is subject to significant legal ramifications under New York law. Fleeing the scene of an accident, particularly one involving fatality, is a criminal offense.

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the intersection where the reckless driver killed the pedestrianXiaohong Chen, a 52-year-old pedestrian, was tragically struck and killed by a Dodge Ram pickup truck in Dyker Heights.

The driver, known for a long history of speeding and recklessness, as indicated by the numerous speed camera violations, made an illegal turn, leading to this fatal incident. Despite the driver’s alarming record and the presence of a vanity plate that ironically reads ‘NDRTAKER’, no immediate charges were filed (read more in Streetblog about the reckless driver).

Legal Perspective:

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accident-scene-1Following the recent tragic incident in Brooklyn, where a speeding Mercedes-Benz collided with a garbage truck, resulting in the untimely death of the car’s driver, it is crucial to explore the legal and safety aspects surrounding such accidents, especially those involving private carting companies.

At around 12:30 a.m. in Gerritsen Beach, a 54-year-old driver for Cogent Waste Solutions was executing a U-turn when the collision occurred. The Mercedes driver, 42-year-old Patrick Donovan, did not survive the impact. This incident exposes the dangers posed by private garbage haulers in New York City. Historically, these companies have been scrutinized for their operational methods.

As garbage truck accident lawyers in New York City, it is important to highlight the legal complexities in such cases. While the garbage truck driver did not face immediate charges, and Cogent Waste Solutions has expressed cooperation with the ongoing investigation, the key questions revolve around the operational practices of private carting companies and the responsibility they bear in ensuring public safety.

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