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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A construction worker died in a scaffolding accident in New York City last Sunday. The 58-year-old hard hat was working on a construction site located at 1382 Nostrand Avenue in East Flatbush, Brooklyn, NYC. The man was found on the ground by a paramedic team. He was transported to the hospital in critical condition. He didn’t survive his injuries and was pronounced dead shortly after his arrival at the hospital. A preliminary investigation by the Occupational Safety and Health Administration (OSHA) indicates that a part of the scaffolding went vertical causing the worker to fall.

The site was immediately issued a stop work order by the NYC Department of Buildings. The building and the ex building owner have a long history of violations, neglect and non compliance. This building as well as another one next door located at 241 Linden Blvd were sold to an LLC associated with investor Steven Vegh for $3.7 million in December 2016. They previously belonged to Lewis Alleyne and other associates. Lewis Alleyne is a Brooklyn slumlord who miraculously escaped jail in 2011 after failing to fix more than 500 building violations and ignoring fines. Together this building and the other building located at 241 Linden Blvd have lost all but 3 of their rent stabilized apartments between 2007 and 2014.

The building where the construction worker fell has several open violations some of them immediately hazardous such as defective stairs and windows and exposed lead paint. Also it wasn’t exactly clear what type of work the man was doing on Sunday. Despite all the violations the owners were able to get a permit for a sidewalk shed.

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A NYC pedestrian died in a car accident Monday night. 28-year-old Gabriel Garcia was crossing E. 138th Street near Walton Ave in Mott Haven, Bronx, NYC when he was struck by a dark colored sedan with TLC plates. A Toyota Camry struck him right after. According to witnesses both drivers got out of their cars as the pedestrian was lying with his face down on the ground bleeding.  The two drivers then left the scene of the accident. The Toyota driver came back shortly after to talk to the police. The black sedan driver disappeared in the night. The pedestrian was rushed to the hospital but he couldn’t be saved. The police are still looking for the driver of the TLC car.

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A worker was fatally hit by a train in New York City on Saturday morning. The victim’s identity hasn’t been revealed as investigators are still trying to determine the causes of the accident and why the worker was on the tracks at that time. According to the Gothamist, the accident occurred near the Long Island Railroad (LIRR) Queens Village train station. The worker who was a LIRR employee was struck by a Penn Station-bound train coming from Huntigton, Long Island.

Passengers were stuck in the train at for least an hour before being evacuated and transported by bus to their destination. Many of them reported seing blood on the train windows as well as blood, guts and flesh on the tracks.

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NYC construction workersOver the last few years, the number of construction workers dying or suffering severe injuries on the job increased dramatically in New York  City. According to the most recent statistics from the New York Committee for Occupational Safety & Health, 25 hard hats lost their life on NYC construction sites in 2015 compared to 17 in 2011. The majority of the fatal construction accidents in the city occurred on non unionized construction sites. Undocumented immigrant workers are often the most at risk of suffering catastrophic injuries or of dying in construction accidents.  One of the fundamental reasons why such a significant number of workers are dying on non unionized sites is the lack of training. Construction workers on non unionized sites are often not trained as well as unionized workers or not trained at all in some cases.

Mayor Bill de Blasio also believes that many construction accidents could be avoided if construction workers were better trained.  According to Politico, the mayor is working on a proposal to increase training for all construction workers in New York City. In the new proposal, all workers will be required to attend minimum training  of 54 to 71 hours. Supervisors will have to train an extra 30 hours on the top of the minimum requirements. Workers who are doing more dangerous tasks such as those working in confined space or workers doing work related to rigging safety, scaffolding, excavation, demolition and perimeter protection will have to attend additional training specific to their activity.

The new training rules are expected to be introduced to the City Council  in the next few weeks.

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A pedestrian died in a truck accident in New York City early Sunday morning. The truck never stopped after he hit the pedestrian and neither did several vehicles who also hit him after he fell on the ground. The truck hit the pedestrian around 2:30 am on Sunday morning as he was walking on the Northbound lane of the Cross Bronx Expressway near Castle Hill Ave.  The pedestrian died at the scene of the accident. The police are still investigating the hit and run.

Truck accidents have been on the rise in New York City over the last few years. Up until the beginning of 2016, the number of accidents in the city was contained below 1,000 a month, usually between 500 and 700 at the most. Over the last year, the monthly number of truck accidents has doubled and sometimes tripled in New York City. According to the most recent statistics from the NYPD, there were 1,571 truck accidents recorded in March 2017, compared to 1,017 in March 2016, 733 in March 2015 and 573 in March 14. Several factors such as the recent economic boom and the increase in the number of consumer goods being ordered through the internet may have contributed to this alarming increase in truck accident in NYC.Truck accidents NYC March 2017

 

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accident sceneA 46 old pedestrian died in NYC after a drugged driver struck him as he was crossing the street. 67 year old Jihne Niu was crossing the street at the intersection of 46th Ave and 149th Street in Flushing, Queens when the accident occurred. The driver, a 46 year old man who was drugged behind the wheel hit him with his car. He stayed at the scene of the accident and was arrested shortly after the police found out he was under the influence of drugs. Jihne Niu was rushed to the emergency room but couldn’t be saved. Read more in the NY Daily News.

Unfortunately, more people than usual were driving under the influence of drugs or alcohol during the celebration of Memorial Day. On Friday, Governor Cuomo announced that the New York State Police would be cracking down on this type of dangerous driving behaviour over the long week-end. Patrols were added all over the State of New York and sobriety check points were use to identify and arrest people driving under the influence. Unfortunately they couldn’t prevent all accidents. Last year during a similar operation over the Memorial Day Weekend York State Police arrested 225 drunk drivers and issued 12,000 tickets for various other violations  during the Hoilday. New York City also targeted drunk drivers. (read more here). In New York City, the NYPD, the DOT, the TLC and mayor de Blasio announced on Friday that the NYPD would also be cracking down on drunk drivers. Additionally the City of New York was offering  $10 off the ride of anyone taking a taxi on Friday night or Saturday night. Entitled “Know your limit” the campaign was encouraging New York City drivers to ride home in a taxi rather than drive back home under the influence. It seems strange though that the rebate was dd  not apply on Sunday night, one of the most busy nights of the long week-end (read more here).

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Fernando Vanegaz died in a NYC construction accident18 year old Fernando Vanegaz died in a construction accident in Brooklyn, NYC, in September 2015. Two of his colleagues were also seriously injured in the accident. The construction workers were hired by  Michael Weiss an unlicensed contractor who was running an illegal construction site. Michael Weiss asked the workers to dig in an area where the NYC DOB had ordered not to excavate. The workers didn’t have much experience in excavating. When they asked for back up, the contractor ignored them. He also refused to provide any underpinning, shoring or bracing  after workers noticed a crack in a wall. Several times the workers expressed their concern about the crack in the wall, fearing for their lives. The contractor continued to ignore them. Then the tragedy happened, the wall collapsed, killing the young Fernando Vanegaz and seriously injuring two other of his co-workers. Both of them had to go through multiple surgeries for injuries to their spine, skull and facial bones.  The reckless contractor is now facing up to 15 year in prison.

Read more in the New York Times

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A 3 year old girl died in a crash involving a garbage truck in the Bronx, NYC. Sophia Aguire was riding in a car driven by her 52 year old grandfather. She was sitting in the back seat with her 27 year old mom. Her grandmother was in the passenger seat. They were driving on Bruckner Boulevard near 142nd street when the accident happened. The road was stripped for resurfacing. The driver swerved to avoid an exposed  manhole cover and got into the path of a garbage truck in the adjacent lane.  The truck hit the car, propelling it into a concrete pillar of the elevated highway just above the road. (see picture below).

The car was completely mangled. The firefighters had to cut the doors to get the victims out of it. All passengers were transported to the hospital. 3 year old Sophia died an hour later. The 3 other family members who were in the car with her only suffered minor injury.

The garbage truck driver wasn’t injured. He stayed at the scene of the accident and wasn’t charged.

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mass-for-construction-workers11 New York construction workers died on the job over the last 12 months. 9 of them were non unionized and two of them were unionized. These fallen hard hats were honored yesterday in St. Patrick’s Cathedral by thousands of construction workers. The mass is an annual tradition in New York. Thousands of construction workers most of them coming straight from work in their dusty outfits filled the cathedral. 15 different trade unions were present. Rev Brian Jordan, chaplain for the Building and Construction Trade Council of Greater New York, presided at the the mass. Behind him were 11 empty chairs each with a white hard hat and a rose.

Read more in the NY Daily News

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Tweet from the FDNY reporting the NYC fire accident5 young people died in a house fire in New York City Sunday afternoon.  2 year old Chayce Lipford, 10 year old Rashawn Matthews, 16 year old Jada Foxworth, 17 year old Melody Edwards and 20 year old Destiny Dones  all died in a fire that broke out in a house located on 208th Street in Queens village, Sunday afternoon around 2:30 pm.  911 received a call at 2:36 from someone who was driving in front of the house and saw flames coming out of the 1st floor window. The firefighters only took 4 minutes  to arrive but by that time the house was already completely consumed by fire. The only survivor is 46 year old Maurice Matthews, father of Rashawn Matthews. He jumped from a second floor window.  According to CBS New York, the victims may have been trapped in the attic of the house. The house had no working smoke detectors.  The investigation about the exact cause of the accident is still ongoing.

fdny education teamFollowing the tragic accident, the FDNY fire Safety Education Unit  founded by the FDNY Foundation and the New York Red cross set up a stand in Queens Village to teach community residents about the importance of having smoke detectors in their house. They also installed smoke detectors in houses that didn’t have any.

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