Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz 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.

July 16, 2014

Distracted driving may have been among the factors leading to the truck accident that caused the I-5 Bridge to collapse

On May 23 2013, a truck carrying an oversize load struck the top of a bridge near Mt Vernon on Interstate 5 causing the bridge to collapse. Two cars and a camper trailer fell into the Sgakit river and two other cars were damaged. Occupants of the vehicles only suffered minor injuries.

As required by law a pilot escort vehicle equipped with a height pole was driving ahead of the truck. The investigation determined that the driver of the pilot vehicle had used a hands-free mobile phone and engaged in 5 phone calls in the 30 minutes preceding the accident. She was on the phone when she crossed the bridge and when the accident happened. The pilot driver told the NTSB that she didn't observe the height pole contact the bridge structures but an off-duty commercial truck driver who was driving near the pilot car witnessed the height pole strike several bridge elements.

Read more in Truckinginfo
Read the NTSB abstract of findings and Probable Cause in I-5 bridge here

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Photo source: NTSB

July 16, 2014

Phony New York doctor who committed serious medical error by giving a patient a botched butt lift and injecting Krazy Glue in her buttocks in a follow up visit was sentenced to two years in jail

Liliana Coello a phony doctor from Queens, NYC, pleaded guilty of unlawfully practicing medicine and seriously injuring a patient. She was sentenced to two years in jail. Coello gave a botched butt lift to a patient and injected her buttocks with Krazy Glue in a follow up visit. The patient suffered a very bad infection and had to be hospitalized 3 times.

This is not the first time Coello is being sent to jail for a botched butt lift. In 2012 the phony doctor got paid $3200 for surgery on the derriere of a Brooklyn night club worker during which she injected the woman with clear gel.

Read more in the NY Daily News

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July 15, 2014

A 49 year old female pedestrian died yesterday night after being struck by at least one car in Brooklyn, NYC

A pedestrian died after she was hit by at least one car on Flatbush Ave near Grand Army Plaza in Brooklyn. The accident happened yesterday night after 9 pm and heavy rainfalls were reducing drivers visibility. According to the NY Daily News, the woman had exited of a parked car and was trying to cross Flatbush Ave. A 37 year old motorist hit her and did not stop immediately but returned to the scene shortly after. He told the police that he didn't realize immediately that he had hit a person. According to the police it is possible that a second car also hit the woman.

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July 15, 2014

After a Wal-Mart truck crashed into Tracy Morgan's van injuring 3 people and killing one, Lawrence O'Donnell covered the issue of "fatigued truck drivers" on his show last night

Around 4000 people die and more than 100,000 people are injured every year in truck accidents.
Fatigue is one of the most common reasons why truck accidents happen.
Before crashing into Tracy Morgan's van, the Wal-Mart truck driver didn't sleep for 24 hours. The National Transportation Safety Board said that the driver was 13 hours into his shift at the time of the accident and the limit is 14 hours. However prior to the start of his shift, the truck driver commuted from his home in Georgia to the Wal-Mart facility in Delaware.
In the video below advocate Ed Slattery from the Truck Safety Coalition and Parents Against Fatigued Truck Drivers and reporter Emma Fitzsimmons from the New York Times join Lawrence O'Donnell to discuss the truck driver and Wal-Mart responsibility in the accident after a lawsuit was recently filed by Tracy Morgan's lawyers against Wal-Mart.

July 14, 2014

67 year old nursing home resident sentenced to 17 years in jail after beating another resident to death

An elderly man who killed his nursing home roommate at the Ocean Promenade Rehabilitation and Nursing Center in Rockaway Park, Queens will be sentenced to 17 years in prison. Last year 67 year old Thomas Yarnavick got into a dispute with his roommate, Jailall Singh and beat him to death with the footrest of his wheelchair (See our previous blog) .

Read more in the NY Daily News

July 14, 2014

8 year old boy from the Bronx suffers personal injury after being struck by a minivan whose driver was seen texting just before the accident

A young boy was seriously injured after he was hit by a minivan Saturday in the Bronx, NYC. According to the New York Daily News, the boy was playing with friends when he ran out into the street. He was struck by a minivan driven by a lady who witnesses said was seen texting behind the wheel prior to the accident. The lady also had her children in her car. She remained at the scene and so far no charges have been filed. The boy who suffered serious but non life threatening injuries was rushed to the hospital.


July 11, 2014

White Plains Road, a dangerous roadway in the Bronx, New York, will be redesigned to reduce deaths and personal injuries related to traffic accidents

With an average of 27 deaths or severe injuries related to traffic accidents per mile, White Plains Road in the Bronx is one of the most dangerous roads in New York City. 8 people died in crashes between 2007 and 2014 and it was identified by the Vision Zero Program as a High Crash Corridor. The intersection at White Plains Road and Morris Park Ave figures in the top 20 High Pedestrian Crash Locations in NYC.

Last week the Community Board 9 voted unanimously in favor of a proposal of the New York City Department of Transportation to revamp the road to make it safer. The changes include modified parking lanes and the addition of a left turn bay to reduce speeding and better organize traffic.

Read more and see video on the Bronx News 12 website

Download the PDF presentation from the DOT here

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July 11, 2014

Despite Zero Vision Efforts to reduce Traffic Fatalities Another Pedestrian was Struck resulting in her Death Yesterday on the Upper West Side of Manhattan a Few Blocks Away from where Cooper Stock was Killed by a Taxi in January

A pedestrian was killed after a SUV making a left turn hit her and dragged her down a New York street for half a block . The pedestrian was 61 year old Jean Chamber, an artist who lived on the Upper west Side. She was crossing West End with the light when a SUV making a left turn from 95th street struck her causing her death.

Read more in the New York Daily News

Jean%20Chamber.jpg Facebook picture of Jean Chamber with her husband and her daughter

July 10, 2014

CONGRESS OVERRULING OF AHLBORN DELAYED TO 2016

See our prior blog, "CONGRESS OVERRULES AHLBORN, ATTEMPTS TO GIVE MEDICAID A LIEN ON FULL AMOUNT OF RECOVERY IN PERSONAL INJURY ACTIONS REGARDLESS OF THE AMOUNT PROPERLY ALLOCABLE TO MEDICAID’S EXPENSES"

These amendments were to go into effect October 1, 2014. The effective date is now October 1, 2016 which means plaintiffs will continue to be able to rely on Ahlborn until at least than. Click here for more information. See in particular "SEC. 211. DELAY OF EFFECTIVE DATE FOR MEDICAID AMENDMENTS RELATING TO BENEFICIARY LIABILITY SETTLEMENTS.
Effective as if included in the enactment of the Bipartisan Budget
Act of 2013 (Public Law 113-67), section 202(c) of such Act is amended
by striking ``October 1, 2014'' and inserting ``October 1, 2016''.'

July 9, 2014

The number of people killed and injured in traffic accidents in NYC during the first five months of 2014 decreased compared to the same period of 2013 with pedestrians deaths down by 21% and pedestrian personal injuries down by 7.5%

25 people died in vehicle accidents last May in NYC. Among them were 9 pedestrians, 2 cyclists, 3 vehicle passengers and 11 motorists.This is the highest number of people killed during the length of a month on New York City roads since the beginning of the year. Last April 21 people died in vehicle accidents and during the same month a year earlier, 15 people were killed in traffic accidents.
When looking at the numbers since the beginning of the year, the total number of people killed on the road in the city since the beginning of the year is 97 compared to 99 for the same period of 2013.

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The number of pedestrian deaths was 9 during the month of May compared to 8 last April and 6 in May 2013. Since the beginning of the year 48 pedestrians lost their life in a traffic accident compared to 61 for the first 5 months of 2014, a decrease of 21%.

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The number of cyclist deaths in May 2014 was stable at 2 compared to May 2013 and higher than last April, a month during which one cyclist died. The total number of cyclists who died in a traffic accident since the beginning of 2014 is 5 compared to 3 for the first five months of 2013.

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