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.
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uber carThere were 1,672 car accidents involving for-hire vehicles in New York during the month of June this year compared to 534 in June 2014. There were also 5 fatal crashes involving these types of vehicles between the beginning of last May and the end of last June compared to 7 for the entire year of 2015. So far since the beginning of this year no yellow cab has been involved in a fatal vehicle accident. Yellow taxis are statistically safer for passengers.

The increasing popularity of car services like Uber, Lyft or Juno is the main factor for this worrisome increase in for-hire vehicles crashes . Drivers often do not have much experience and are distracted by multiple electronic devices installed in their cars as they are working for several companies at the same time. They are also subject to less vigorous enforcement as they are are blending into other traffic while yellow taxis are immediately recognizable.

Many clients agree that they don’t feel safe in a vehicle where the driver is constantly paying attention to his electronic devices rather than concentrating on the street.

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newbornFailure to diagnose or delay to treat a bacterial infection in a newborn can be medical malpractice. Doctors (and also parents) may sometimes be reluctant to submit a young infant  to a lengthy and complicated process in order to  find out if a fever may  be caused by a bacterial infection. Thanks to new research this process may become much easier in the future.

Fever is usually one of the first symptom of a bacterial infection. However it can also be caused by other medical conditions. When a health care provider evaluates a young infant with fever and suspect an infection, there is no quick way to find out if the infant suffers from a bacterial infection. The actual method consists in isolating live bacteria from blood, urine or spinal fluid and grow a bacteria culture in a laboratory. This may require difficult and traumatizing medical procedures such as spinal tap. Additionally the  infant may necessitate hospital admission and an antibiotic prescription until the results of the tests are available.

A recent study that was published on Aug. 23, 2016 in the Journal of the American Medical Association found that through advances in genetic sequencing technology it may soon be possible for doctors to diagnose bacterial infections in infants with fevers quickly and in a non invasive manner.  More work is needed but in the future only a small blood sample may be enough to immediately determine if an infant suffers or not from a bacterial infection.

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central park bikingA bicyclist suffered serious head injury in an accident in Central Park, New York City. The bicyclist was riding his bike in Central Park when, according to the police, a pedestrian stepped into the crosswalk in front of him.  The bicyclist squeezed his brakes hard and swerved to avoid the pedestrian. He flew over the front of the bike and landed on his head, on the pavement, 25 to 30 feet away from the bike. He wasn’t wearing a helmet. He was transported to the hospital in critical condition. He suffered serious body and head trauma. The police didn’t tell the NY Daily News if the pedestrian had the green light but the investigation is ongoing.

Last year in a similar scenario, a bicyclist killed a pedestrian in Central Park. The pedestrian was also in the crosswalk when the accident happened. According to witnesses, the bicyclist who was riding well over the maximum speed of 25 mph swerved to avoid other pedestrians before fatally striking 59 year old Jill Tarlov, a CBS senior VP. After the accident the minimum biking speed in the park was lowered to 20 mph instead of 25 mph.

Yesterday another bicyclist died from injuries sustained in a bicycle accident in Central Park. According to Patch.com, the victim fell of her bike a month ago. 54 year old Gloria Garcia was visiting New York from Texas. She sustained a head injury and had been hospitalized since the accident which occurred on July 17th.

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schenkman-michaelA bicyclist was fatally struck by a car in NYC. Yesterday morning, 78 year old Michael Schenkman was riding his bike on Northern Boulevard in Bayside, Queens when he was struck by a car. Michael Schenkman was an avid biker and a member of Transportation Alternatives. He was riding his bike every morning for 20 miles. The accident occurred on Northern Boulevard near 223rd Street around 6:30 am. The 25 year old driver of the car stayed at the scene of the accident and so far hasn’t been charged. A picture in the NY Daily News shows that the impact was so strong that the windshield was completely destroyed. In an article in Street Blog, Brad Aaron  suspects that the driver was speeding.

Michael Schenkman is the 16th victim who died in a bicycle accident in New York City this year. The number of bicyclists fatalities is on the rise in the city. Last year during the entire year 14 people died in bicycle accidents.

After yesterday’s accident, Transportation Alternatives released a statement asking the mayor to implement the Vision Zero Initiative to make the streets of New York City safer faster.

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MartellaSpeed was a factor in a NY Car accident that left 6 people injured and 5 dead. 29 year old Scott Martella, a former aid to New York Governor Andrew Cuomo,  was among the victims who were killed in the accident. Yesterday morning around 9:30 a.m. Scott was driving his Honda in the westbound lane of the Long Island Expressway near Exit 68 in Manorville, NY. Next to him in the passenger seat was his fiancee, 29 year old Shelbi Thurau. As they were driving an eastbound Subaru went airborne and landed in the westbound lane. The Subaru struck the Honda and a BMW. The Subaru was driven by 26 year old Carmelo Pinales. His sister Patricia Pinales was in the passenger seat and his son was in the back. Scott Martella, Carmelo Pinales and Patricia Pinales all died at the scene of the accident. Pinales 10 year old son died later on from his injuries at the hospital. Scott’s fiancee survived. The BMW was driven by 73 year old Marvin Tenzer. He was with his wife Sandra and another couple: Helen and Isidore Adelson. Mr Adleson died from his injuries yesterday night and the rest of the BMW occupants sustained injuries. Witnesses who saw the Subaru passing them before the accident said the car “was flying”.

Read more in the NY Times  Picture:Linkedin

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trampoline parkTrampoline injuries result in approximately 100,000 visits to the emergency department every year. While most trampoline injuries occure on home trampolines, the growing popularity of indoor trampoline parks has led to a dramatic rise of injuries occurring specifically at these locations. In 2014, 6,932 people visited the emergency room after being injured at a trampoline park compared to 581 in 2010. A national study documenting this problem was recently published  in Pediatrics. The study is Co-Authored by Connecticut Children’s Medical Center emergency physicians Steven Rogers, MD, and Jesse Sturm, MD, and pediatric emergency medicine fellow Kathryn Kasmire, MD.

Trampoline Parks are indoor parks with wall to wall trampolines. Despite the risk of injury, these parks are very popular with families and new parks are continuing to open all over the country. Statistics indicate that there are now around 500 trampoline parks open in the U.S. compared to 40 in 2011.

Children injured at trampoline parks are a little bit older than children injured on home trampolines with the most injuries reported for 13 year old males.  Sprains and fractures are the most common injuries reported for both trampoline parks and home trampolines. Park visitors most often suffer extremity injuries (mostly dislocations) while home trampoline users tend to more often suffer head injuries. Park trampoline injuries more often required  a hospital admission than home trampoline injuries. Fractures and spinal cord injuries often being the reason for admission.

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Three_World_Trade_Center_-_2015_renderThankfully nobody was injured in a New York crane accident last Thursday. Construction workers at the WTC site were pulling the unloaded line and hook of a crane standing on the top of a building under construction when the accident happened. The workers had been instructed to do so as a safety measure before a coming storm. A gust of wind sent a weighted ball attached to the crane’s line into a glass panel of the 3 World Trade Center building. Nobody was injured as the accident happened in the restricted perimeter of the WTC construction site.  John Gallager, the spokesman for  Tishman Construction said in a statement to the press that the glass window would be replaced and that the accident was being investigated.Read more in CBS New York

Wind and storms have been the cause of many crane accidents in New York City. Last February, David Wichs, who’s family is represented by our NYC crane accident attorney Howard  Hershenhorn, lost his life after the wind caused a giant crane to collapse on him. After the accident the city immediately increased mandatory safety measures for crane operators and created a special team to work on additional measures to prevent such accidents.

Picture: rendering of 3 World Trade Center courtesy of Wikipedia

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A NYC bicyclist struck by a car driven by a murderer says he is lucky to be alive. David Hunter, a Brooklyn Fashion designer, was injured in a scary bicycle accident a few blocs away from his house last Saturday afternoon. He was waiting at a light to cross Pitkin Avenue in Ozone Park. A man in a car was also waiting at the intersection and Hunter looked at him a brief second crossng the street in front of him.  As he was crossing the man in the car turned around and started to follow him. He looked very angry and kept saying “f—er, f—er, motherf—er”. He started to speed and intentionally struck the bicyclist who couldn’t pedal fast enough to escape. The bicyclist was thrown on a parked car. Thankfully he was wearing a helmet as his head hit the bumper of the car. Hunter lost consciousness as the crazed car driver continued to yell and curse by the window before taking off. Later on as witnesses took the plate number of the crazy driver, police discovered that the he was a cold blooded assassin. Oscar Morel, the driver, was indeed the man accused of killing Imam Maulana Alauddin Akonjee, 55, and his assistant Thara Uddin, 64. He was fleeing the murder scene when he struck David Hunter.

Read more in DNA Info

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Sam Schwartz21 garbage truck accidents occurred in NYC between January 1st 2010 and December 31st 2014 according to data provided by the NYC DOT to Sam Schwartz Engineer for a study on private carting safety. The study is part of a larger analysis on the private carting industry that led to the announcement of the implementation of a new zoned-collection system by Mayor de Blasio’s administration (see Politico). The implementation of this system will significantly reduce the number of miles traveled by private garbage trucks  in New York City. As a result the air quality should improve significantly and garbage truck accidents should decrease.

According to Sam Schwartz private carting safety study, the severity of private garbage truck crashes is much higher than the severity of all NYC crashes with fatal and injury crashes accounting for 86% of all crashes. Pedestrians are involved in 36% of the crashes. Among the pedestrian crashes half of them occurred as the pedestrian was crossing with the signal.  Private garbage truck accidents happen mostly at night as most carting operations occur at night time. The study also include a safety analysis based on private carting company employees interviews. In regards to traffic safety, night time driving, bad weather and intoxicated pedestrians during week-end nights were considered the most challenging. Another traffic safety concern was to prevent injuries to pedestrians while backing up. The visibility being extremely reduced with such trucks, it is important that the helper provide accurate guidance to the truck driver while backing up. Employees were also asked about possible safety measures and proposed additional route supervisors, better fleet maintenance, improved driving techniques and providing specific driving courses, training on location and training on handling hazardous materials, additional safety meetings and stricter hiring criteria.

Hopefully when the new system is implemented, less miles traveled should lead to less people injured in traffic accidents involving garbage trucks.

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New York Personal Injury Lawyers Gair and RubinowitzTwo of our New York Personal Injury Attorneys, Anthony Gair and Ben Rubinowitz have been recognized by America’s Top 100 Attorneys as two of the top 100 attorneys, all practices included, in New York State. Membership among America’s Top 100 Attorneys® is meant to identify and highlight the accomplishments of the nation’s most esteemed and skilled attorneys in all areas of practice. Only 100 attorneys in each state* receive this honor and are selected for membership among America’s Top 100 Attorneys®. While selection for any award, honor, or exclusive membership organization is always subjective in nature, America’s Top 100 Attorneys® have developed a comprehensive multi-phase selection process involving propriety algorithms and Qualitative Comparative Analysis in an effort to help ensure that only the most skilled and exceptional attorneys in the community are selected for membership.

Anthony Gair (left picture) is a senior partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. One of the most respected personal injury attorney in New York, Mr Gair specializes in preparing and trying catastrophic personal injury cases such as automobile accidents, bus and truck accidents, construction accidents, medical malpractice and product liability. Mr Gair enjoys a national reputation in the area of civil rights litigation. In one of his most notable cases he represented the family of Amadou Diallo who was shot 19 times by NYPD officers. The city of New York agreed to pay $3 million to the family of Amadou Diallo. This amount was at the time the largest amount that has ever been paid by the city of New YorAmerica Top 100k in a wrongful-death action for the death of a single individual with no dependents and minimal earnings. Mr Gair was the 2006 recipient of the prestigious  New York State Trial Lawyers’ Civil Justice Honor Award. Mr Gair is also recognized as one of the top product liability attorneys in the country and was named 2011 Lawyer of the Year, Product Liability Litigation  – Plaintiffs, New York City Area by Best Lawyers. An expert in construction accident litigation, Tony Gair also lectures extensively on this area.

Ben Rubinowitz (right picture) is the managing partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. A meticulous and skilled trial lawyer, Mr Rubinowitz has been recognized as one of the top Personal Injury Attorneys in the country and has received numerous awards. A day ago he was recognized for the third time as “Attorney of the Year” by “Best Lawyers”.  Recently Melissa Rivers, Joan Rivers daughter chose Ben Rubinowitz and Jeff Bloom, another of our senior partners to to sue the doctors and the clinic for medical malpractice over the death of her mother. Ben and Jeff reached a major but confidential settlement for the case. Mr. Rubinowitz’s experience and legal acumen is also sought out outside of the courtroom. Not only does Mr Rubinowitz regularly write about trial advocacy (he is the a co-author of  a column in the New York Law Journal) but he is also a highly recognized trial advocacy teacher. For the past five years he has chaired the prestigious “Masters of the Art of Trial Advocacy Program” sponsored by the New York State Trial Lawyers Association. Mr. Rubinowitz is also member of the exclusive Inner Circle of Advocates, The International Academy of Trial Lawyers, a Director of the New York State Trial Lawyers Association and a Past President of the New York Chapter of the American Board of Trial Advocates.

 

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