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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Monterey garage in UWS has structural issuesThe recent collapse of a parking garage in Lower Manhattan, which resulted in the loss of a life and injuries to several individuals, has raised concerns about the safety and condition of parking structures throughout New York. In response, city officials conducted inspections of numerous garages, uncovering widespread structural problems that have been allowed to persist for years. This blog explores the findings of The New York Times’ investigation into the state of these garages, shedding light on the hazards faced by both employees and customers.

The investigation by The New York Times has revealed that serious structural issues are prevalent among parking garages across the city. Crumbling ceilings, exposed and rusting reinforcing bars, and other defects have been identified in over three dozen garages including the Monterey Garage in the UWS where the DOT documented that a 12 by 18-inch chunk of concrete fell from the ceiling. Shockingly, many of these garages have continued to operate despite the documented hazards. In some cases, inspections uncovered garages that were exceeding their capacity, with exits blocked on multiple levels due to overcrowding.

Neglected Violations

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Bicycle accident deaths NYC Q1 2023Bicycle accidents are unfortunately all too common in New York City, and the recent tragedy that took the life of Adam Uster, a Transportation Alternatives member,  is a painful reminder of the dangers that cyclists face on our streets. As bicycle accident lawyers in New York City, we know all too well the impact that these accidents can have on victims and their families.

In this case, Uster was simply riding home with his bike trailer full of groceries when he was struck by a flatbed truck that made an abrupt right turn without signaling, causing fatal injuries. The fact that Uster was in an unprotected bike lane highlights the urgent need for better protections for cyclists on our streets.

The family and friends of Uster have been calling on the city to do more to protect cyclists, and it’s clear that their voices must be heard. The statistics are alarming: there have been 111 reported crashes on the less-than-a-mile stretch of Franklin Avenue between Lafayette Avenue and Fulton Street since 2020, causing one pedestrian fatality and injuries to 15 cyclists, 14 pedestrians, and 33 motorists.

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A total of 11,176 people were injured in NYC crashes during the first quarter of 2023 according to monthly statistics from the NYPD including 809 cyclists, 2,163 pedestrians, 3,310 passengers and 4,894 motorists. This is compared to 10,501, 8,984, 12,997, 12,920, 12,608, 11,936, 10,805, and 11,676 during Q1 of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013 respectively. The number of people injured in traffic accidents during Q1 of each year shows how injuries first declined after Vision Zero started in 2014 and 2015, compared to 2013, and then jumped again in 2016. The number gradually increased to pass 12,000 in 2017 and reach a record high of 12,997 in 2019 due to the increase in distracted driving accidents caused by cellphones and other electronic devices. Crash injuries dropped again in Q1 of 2020 and 2021 due to the decline in activity in the city caused by the pandemic, and gradually increased again in Q1 of 2022 and 2023 as the city gradually became more active again.

NYC auto accident injuries by category Q1 2023
Since Vision Zero started in 2014, the number of people dying in car accidents during the first quarter of the year has never gone back to 69, the number of crash fatalities reached during Q1 2013. However, after Vision Zero started, traffic fatalities reached a record high at 58 during the first quarter of last year and remained high during the first quarter of this year with 47 fatalities.

While the number of passenger fatalities dropped significantly from 17 to 6, the number of bicyclist fatalities reached a record high during the first three months of the year. The warm winter, the increased popularity of e-bikes, as well as the more intense truck traffic generated by internet shoppers, are among the factors that contributed to this explosion of fatalities among cyclists.

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deadly traffic accidentsThe recent string of pedestrian accidents in Queens and Manhattan over the last week-end is deeply concerning as it seems that every week-end in New York City a few more people are getting killed in traffic accidents. Our pedestrian accident lawyers  are not the only one to express concerns about the increased number of traffic deaths in New York City. In a recent column for the New York Times, Ginia Bellafante  point fingers at the increased number of traffic fatalities in the city and highlights the dangers of Atlantic Avenue. Confirming these concerns, Transportation Alternatives just released today its quarterly traffic fatalities report showing 51 people died in traffic accidents during Q1 including a record 9 bicyclists.

Last weekend’s carnage

The first accident involved a hit-and-run driver who struck and killed Darryl Younger, a Department of Education employee who was on his way to work as a school lunch loader and handler. The driver who struck him was traveling south on Jackson Ave. and is still being sought by police.

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accident sceneThree pedestrians were killed in car accidents in New York City over the weekend. These deaths are a clear reminder of the dangerous and deadly consequences of reckless and negligent driving, and of the urgent need for safer streets.

The first victim, 73-year-old Steven Aragona, was fatally struck while crossing North Conduit Avenue in Queens, last Friday afternoon . Conduit Avenue is notorious for its high speeds and dangerous conditions, with 127 crashes reported on just two miles of the road last year. The 25-year old driver who struck him remained at the scene of the accident and was not charged. (Read more in QNS)

The second victim, Domingo Dejesus, died after he was struck by a driver on Soundview Avenue in the Bronx on Saturday night around 10:45 pm. Soundview Avenue has a similarly troubling safety record, with 44 crashes reported on a mile-long stretch in 2022 alone. The driver involved stayed at the scene of the accident and was not charged.

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drunk drivingAs personal injury attorneys who have represented victims in drunk driving accidents, it is disheartening to read about the fatal crash on the Belt Parkway caused by a wrong-way driver who had two prior DWI convictions. Winston Ramdeen, a 52-year-old, drove the wrong way on the Belt Parkway, resulting in the deaths of both himself and the 79-year-old man he collided with. Ramdeen had previously been arrested for drunk driving in 2014 and was scheduled to appear in court in a few days for sentencing related to a another prior DWI accident that occurred in 2021.

While it is understandable that a judge may not have seen fit to lock up the defendant on a misdemeanor conviction, it is the responsibility of prosecutors to ensure that the defendant does not pose a danger to others while awaiting sentencing. One possible solution that could have been explored was setting conditions for the defendant’s release that would have prevented him from getting behind the wheel. For instance, the court could have ordered the defendant to install an ignition interlock device in his car, which would have required him to blow into a breathalyzer before starting the engine. This would have ensured that he was not driving while under the influence of alcohol.

It is essential that we hold accountable those responsible for drunk driving accidents, whether they result in injury or death

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location of the deadly e-Citi Bike accident in Queens NYC
16-year-old Jaydan McLaurin was fatally struck by a hit-and-run driver while riding an electric Citi Bike in Queens on Monday night. The driver who killed him was later identified as 18-year-old Yaser Ibrahim, who was unlicensed and driving a BMW SUV. Police were able to track him down, and he was arrested and charged with driving without a license, leaving the scene of an accident, and having a tinted windshield.

This heartbreaking incident highlights the urgent need for improved safety measures to protect cyclists on New York City streets. According to reports, McLaurin was riding north on 21st Avenue in Astoria when he was struck by the car. The impact was so severe that it virtually severed the electric Citi Bike in half, and McLaurin was rushed to Harlem Hospital but sadly died from his injuries.

This incident marks the 11th cyclist death in New York City in 2023, with a record-shattering 10 people on bikes having died at the start of the year alone

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E-bike explosion kills 2 in Queens NYCAn e-bike powered by a defective lithium-ion battery caused a fatal fire in Astoria, Queens, New York City, killing two children yesterday afternoon. This tragedy has raised concerns about the safety of e-bikes and the need for stricter regulations to prevent similar incidents from happening in the future. According to reports, the e-bike was being charged in the vestibule of the home when it caught fire and caused an explosion. The victims did not have enough time to escape the intense fire that quickly traveled up the stairs to their second-floor apartment.

This incident highlights the ongoing problem of e-bike-related fires in the city. So far, there have been 59 e-bike-related fires in New York City this year, resulting in five fire-related deaths. The cause of these fires has been linked to the use of defective e-bikes lithium-ion batteries.

New action plan and and legislation

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leading causes of NYC construction accident fatalities
Last year’s construction worker fatalities and injuries reported in the NYC DOT “2022 Construction Safety Report” reinforce the importance of the New York Labor Law Section 240, also known as the “scaffold law” or “scaffolding law”, that holds owners and/or general contractors strictly liable for construction workers who suffer injury or died as a result of missing or inadequate safety equipment at elevated work sites.

The report highlights a significant increase in construction activity in 2022 in every neighborhood in New York City, especially in Brooklyn and Staten Island, with an 11% increase in initial permits for new projects and a 122% increase in initial permits for new building projects. The increase in new building permits is attributed to developers obtaining permits before the implementation of the 2022 NYC Construction Codes and the expiration deadline of the 421-a tax program. Additionally, there was a 15% increase in initial demolition permits issued and a 9% increase in the issuance of Final Certificates of Occupancy for completed projects.

The rise in construction activity in the city also led to a rise in accidents, with falls remaining the number one cause of fatalities in the NYC construction industry

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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