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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Location of the hit and run truck accidentA pedestrian was fatally struck by a truck in New York City on Wednesday morning and the driver fled the scene of the accident. The accident occurred a little bit before 5:00 am at the dangerous intersection of Flatbush Ave and Nostrand Ave in Brooklyn.
67 year old Linda Douglas was in the crosswalk on Flatbush Ave when a flatbed tractor trailer that was traveling northbound on Flatbush hit her. The truck driver never stooped leaving the victim dying in the street. Lina was a nursing assistant in Harlem and she was commuting to work when the accident occurred. She was living with her husband John Douglas in East Brooklyn.  Originally from Aruba, the couple had moved to the US in 1970. Linda was a few weeks away from retirement. Her husband was devastated. “Linda was the most beautiful, giving, loving person I’ve ever met in this world,” Douglas said to the Gothamist.
During the day, the police released the footage of a surveillance camera showing the truck hoping that someone could provide information. They finally located the driver on Wednesday night. His identity wasn’t released. The police said they questioned the man and released him a few hours later without charging him after he told the police he didn’t know that he hit the victim. John Douglas whom the police called around midnight to announce that they found the driver, couldn’t believe that the driver was able to walk away that easily after he had killed his wife.
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location of the fatal car accidentA 63 woman died in a car accident in New York City. Patricia Lancaster, a Brooklyn real estate agent was driving home from work.
As she was crossing East 56th Street and Avenue J, a speeding 19 year-old driver drove through the red light and t-boned her car. The woman was rushed to the hospital but she didn’t survive.
The teenage driver stayed at the scene of the accident and so far hasn’t been charged.
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A 19 year old driver died and two teen passengers were injured in a car accident in New York City. The accident occurred Tuesday afternoon around 4:30 pm.  19 year old Claudio Poggy was speeding in a Mercedes. Two of his friends aged 16 and 19 year-old were on board. According to witnesses, he was drag racing. As he was speeding north on Kings Highway, Brooklyn, the driver lost control of his vehicle and hit a tree at the intersection with avenue D. The impact was so brutal that the driver died at the scene of the accident. The 16 year old passenger suffered critical injury and the 19 year old one minor injuries. Investigators found that the speedometer was stuck on 130 mph on the unregistered Mercedes.

Male teen driver with teen passengers is a deadly combination

The risk of car accidents is higher among 16 to 19 year-old drivers than among any other age group. Car accidents are indeed the leading cause of death for American teens. According to statistics 6 teenagers die and hundreds of them are injured every day in car accidents in the US. The risk of dying in car accidents is two times higher for male drivers than for female drivers. When another teen is on board with a teen driver, the risk of a fatal crash doubles and increases further when more teen passengers are in the car.

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NYC Construction AccidentThe DOB recently released the presentations made at  last year’s Build Safe/Live Safe Conference. Among them,  “Construction Safety, Year in Review, Recent and Upcoming Changes” by Timothy Hogan and Patrick Wehle reviews and documents with pictures every fatal and near miss construction accident that occurred in New York City in 2017. Among the 12 fatalities, 1 worker died from electrocution and 11 died in falls that could have been prevented by following safety guidelines. In all 11 accidents, workers either weren’t wearing a harness or were wearing it but it wasn’t tied off proprely or not at all.

Near Misses resulting in serious injuries

The presentation also highlights 6 near misses that resulted in serious injuries for workers. These accidents were completely avoidable, related to the decision of the contractor and required extensive rescue operations. In one of the accidents a crane that was illegally modified dropped a 15,000 pound shearing hammer on a construction worker’s leg. Two accidents were related to a floor collapsing on workers because of overload. A shoring failure caused 6 workers to be caught in a collapse of 12+ yards of concrete. A small crane overturned after a stressed out operator failed to deploy the outriggers. 6 workers doing demo almost died in a roof collapse.

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Second-Avenue-and-BordenA cyclist was fatally struck by a car in NYC on Thursday. The victim, identified as 53 year old Robert Spencer, is the sixth person to die in a bicycle accident in New York City since the beginning of the year. Spencer was riding his bicycle on Borden Avenue on Thursday morning a little bit before 8:00 am when he was struck by a car traveling on Second Street in Queens. The driver, a 51 year old man stayed at the scene of the accident and wasn’t charged.The victim was rushed to the hospital but he couldn’t be saved.

The area where the accident occurred used to be industrial but recent developments are quickly transforming the neighborhood into a more residential area. While there is a protected bike lane on Second Street, Borden offers no protection for cyclists.  According to residents, speeding double parking and failing to yield to pedestrians is common on Borden. The shareholders of the Murano, a residential building located a block away from the accident have already written a letter to the city and to their Council Member Jimmy Van Bramer to ask for a two-way protected bike-lane on Borden as well as other traffic calming measures. Their effort was supported by Van Bramer who wrote directly to the DOT on March 4th to support the residents’request for a bike lane and other traffic calming measures. The residents of the Murano also tried to lobby their local community board for protected bike lanes along Borden Avenue, but the community board refused to consider their request. (read more in Street blog)

Bike lane delays are not about the money but about the community

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accident sceneThe driver who fatally struck an 85 year old woman in Brooklyn, NYC, last Wednesday had previously received 10 tickets for speeding in a school zone and two for running red lights. The police haven’t filed any charges against the driver. The daughter is furious and wants the driver charged. She believes that a bill such as the “Reckless Driver Accountability Act” proposed by Brooklyn Councilman Brad Lander would help stop reckless driving in New York and could have prevented the death of her mother. The bill was proposed last year by Councilman Brad Lander after a reckless driver killed Abigail Blumenstein and Joshua Lew in Park Slope. Stella Clinton was backed over by the reckless driver as she was walking home from her Brooklyn parish church after an Ash Wednesday service. The accident occurred on Avenue S near Brown Street, in Marine Park, Brooklyn.

Read more in the NY Daily News

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Kigs County Hospital has the highest number of wrongful death claims468 people died of medical malpractice in NYC’s public hospitals in the past 5 years according to a recent article in the New York Post.  Among all 11 HHC hospitals, Kings County Hospital in Brooklyn had the worst record. 91 claims of wrongful death related to medical malpractice were filed against the Brooklyn hospital between the beginning of 2014 and the end of 2018. Bellevue, a much larger city hospital located in Manhattan came second with 54 wrongful death claims filed against it during the same period.

The Post analysed City Comptroller data obtained through a Freedom of Information request and found that the city paid $34 million to 56 families in 2014. Among the cases closed, the Post found out that  some patients died in horrific conditions from gross medical malpractice committed by these hospitals. Among the most shocking were:

  • The wrongful death of a woman who died from organ failure after doctors at Kings County Hospital in Brooklyn ignored her tuberculosis diagnosis and botched her treatment. Her family was awarded  $3.2 million, one of the largest amounts paid by HHC to the 56 families.
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memorial for NYC victim of bike accidentA 25 year old bicyclist was fatally struck by a hit and run truck driver in NYC.  Aurilla  Lawrence was fatally hit by a gas tanker truck near the intersection of Broadway and Rodney Street in Williamsburg last Thursday night around 11:30 pm. The driver fled the scene of the accident and so far is still at large. Lawrence was a beloved member of the bike messengers community who  nicknamed her  “Aurilla Gorilla”.

Last Sunday around 200 bike messengers and street safety advocates organized a memorial ride on the streets of New York to commemorate the victim. Bicyclists met at Lenox Avenue in Harlem and rode their bikes South on Fifth Avenue toward Union Square. The Union Square Park is an area where Lawrence used to hang with fellow bike messengers in between deliveries. As a tribute to her, the bike-a-thon made a stop at the park and  participants raised their bikes to her memory.

Then the 200 cyclists continued their way toward Brooklyn. They crossed the Williamsburg bridge to ultimately arrive at the location of the accident where a ghost bike and a makeshift memorial were installed.  The participants gathered around the memorial and paid tribute to their beloved co-worker.

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location of deadly NYC bus accidentFederal Investigators announced yesterday that the bus accident that killed 3 people in NYC in 2017  might have been caused by a thermos that was dropped between the brake and the gas pedals.  On September 18th 2017 a charter bus operated by Dahlia group sped through a red light and crashed into a MTA bus at the intersection of Main Street and Northern Boulevard in Flushing. The bus speed was 60 mph which was twice the speed limit. The accident caused the death of the charter bus driver, a passenger on the MTA bus and a pedestrian (see previous blog) .

Metallic sound heard on audio tape moments before the accident

The National Transportation Safety Board just released a report stating that the cause of the fatal bus accident was uncertain but a dropped thermos bottle might be a possible explanation. According to the investigation, moments before the accident, the bus was travelling at the authorized speed of 30 mph when a metal rattling noise is heard on the audio recording. Then the driver is heard swearing while at the same time the bus accelerates. Then the bus driver swerved to avoid vehicles and entered the intersection at 60 mph. The investigators believe the driver did not deliberately accelerate to crash his vehicle.

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scene of the fatal hit and run accidentA pedestrian died from her injuries after being struck by a taxi driver who tried to flee the scene of the accident but was shortly after arrested by the police. 26 year old Sherena Hundalani was walking on the sidewalk of Queens Boulevard near 63rd Road next to a gas station when she was struck by a green taxi. It was not exactly clear if the driver pulled in the station to get some gas or to cut across. Witnesses saw him driving through the station and turning left onto the Queens Boulevard service road where he slammed into Sherena.

Good Samaritan stopped the reckless driver

A young man going by the name of Bolat told the News that he was at the scene of  the accident with his wife and kid and that he witnessed the taxi driver behaving erratically. The taxi almost drove into him and his family before abruptly turning on the service road slamming into Sherena. Then the driver tried to leave the scene of the accident and drove the wrong way in the middle lane of the road before pulling over. After he pulled over Bolat opened the front door of the taxi and took out the key. Then the police arrived and brought  the driver to the station. He was released later on at night. So far the man hasn’t charged and the police indicated that they were still investigating the accident.

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