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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subway-derailmentA subway derailed in New York yesterday. According to the FDNY at least 34 people were injured in the accident. 17 of them were transported to the hospital to be treated for minor injuries. A baby and her asthmatic mother as well as other passengers suffered from smoke inhalation. The derailment occurred on the A train between 125th and 135th street shortly before 10:00 am. The train careened off the tracks and scraped the sides of the tunnel wall. In one of the cars a door was ripped open. The track division chairman for the Transport Workers Union, Paul Navarro, said the train “was peeled open like a can opener” According to passengers, the train started to shake violently and the lights started to flicker before the whole train was plunged into darkness and smoke. Passengers started to panic. Some used their shirts as a mask to protect themselves from inhaling the heavy smoke. They remained in darkness and in the smoke for at least 10 minutes until the conductor spoke over the intercom to announce that the train had derailed and that emergency responders were coming through the cars. Some straphangers were evacuated trough the tunnel and others through the train onto the 125th street platform.

According to preliminary investigation by the MTA, the subway derailment was caused by human error. A loose piece of rail was left on the tracks the night before by workers who were doing repair on the A line.

New Yorker’s have been used to getting delayed or stuck in subway cars countless times because of the aging subway  system but they never feared that they were in danger while riding the train. Recently passengers on the F train were stuck in a car without AC and without lights for nearly 3 hours.  However this accident is causing New Yorker’s to wonder how safe it is to ride the subway. Read more in the New York Times 

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A cop was injured in a car accident in New York, early Sunday night. The cop was standing near the exit of a garage located next to the 23rd street Pier. Around 3:20 am a SUV that was exiting the garage in a rush went through a wood barricade and clipped the cop. The cop suffered hand and knees injuries. He was transported to the hospital. The car driver may have been fleeing the scene of a brawl that occurred at the pier at the end of a boat party. The driver and the passenger were both arrested.

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A young man is dead and his girlfriend critically injured after their car crashed into a tractor trailer truck in Queens early Saturday morning. 28 year old Steven Narvaez was driving with his 17 year old girlfriend when he blew a red light at the intersection of Skillman Ave and Queens Blvd a little bit before 6:00 am. His Toyota Corolla T-boned an 18-wheel municipal waste truck.
The young driver was found dead in his seat by the EMS. His girlfriend was transported to the hospital in critical condition.
Both families were crushed by the drama.

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A fruit vendor was seriously injured in a car accident in Queens, NYC. The man was unloading fruit out of his van when a driver who was attempting to parallel park struck his van. The impact brutally pushed the van back, pinning the fruit vendor against the car parked behind him. The 52 year old fruit vendor identified as Tafazzul Hussein suffered serious injuries to both legs. See video here
The driver Sunel Amehd first reaction was to speed off but he returned almost immediately and admitted the accident. The collision occurred around 10:45 pm near the intersection of Drew Street and 101 st Ave in Richmond Hills, Queens, NYC.
During Ramadan, Tagazull Hussein would keep the fruit stand opened late to feed worshippers leaving a mosque located 2 blocks away. He is a figure in the neighborhood.

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A bicyclist was severely injured by a reckless driver who was chased by the police. The driver identified as 28 year old Raheem Addison had 25 license suspensions in 12 different states and 21 prior arrests. He had been partying for hours at a pride event before getting behind the wheel of a car parked in a Midtown garage. As he left the garage he almost hit a family. Someone alerted the police. When the police arrived near the garage, they saw the man parked outside the garage, in the driver’s seat. When he saw them, the young driver took off. The police started to chase him in the middle of one of the most populated areas of Midtown Manhattan. The driver, who was intoxicated, crossed the double line on 34th street before making a left turn and enter 7th Ave in the wrong direction. He hit a 32 year old bicyclist, severely injuring him and continued his erratic driving almost hitting other pedestrians who had to jump out of the way of the car to avoid him. The driver drove the wrong way for two blocks, turned on 26th street and shortly later abandoned the car running away on foot. Police eventually found him and he was taken into custody. The owner of the car who was seated next to him as a passenger during the entire chase was released without charges. The bicyclist who was ejected across the street at the time of the accident was transported to the hospital with critical injuries. He is now in serious but stable condition.

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9 people were injured, 2 houses destroyed and 4 damaged in the massive fire that erupted in the Bronx, NYC, last Thursday. FDNY investigators suspect that 3 men using illegal fireworks sparked the fire. The 3 young men told the police they bought the fireworks in Westchester. Sale and use of fireworks is illegal in the city. The 3 men who are all in their 20ies are facing charges for reckless endangerment of Bronx residents and 200 firefighters, fourth-degree arson criminal mischief and illegal possession of fireworks. The mother of one of the men denied that her son was responsible for the fire. She said her son had been playing with fireworks in the street before the fire but he had gone to work when the blaze erupted. She doesn’t believe the fireworks are at the origin of the blaze. (Read more in the NY Daily News)

Another fire erupted last night at the Glendale farmers market in Queens. 200 firefighters were called in to battle the blaze that engulfed 3 stores and two apartments. 11 firefighters were injured in the NYC blaze as well as one civilian. A lot of smoke came out of the fire and lingered in the street. The smoke was so thick that it was impossible to see across the street. People with asthma and other respiratory weaknesses started to panic. The buildings belonged to a mosque next door. The owners were inside celebrating the last night of Ramadan. They stopped the celebration and instead offered shelter in the mosque to those in need. See video below

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A 96-year-old pedestrian died after a car backing out of a driveway hit her.  Last Tuesday, 96 year Ruth Cohn was talking a walk a block away from the Atria Riverdale senior home where  she lived when the accident occurred. She was struck by a car backing out of a driveway. She was taken to the hospital and diagnosed with legs and pelvic injuries. She died the next day. The driver, a 46 year old woman stayed at the scene of the accident. She wasn’t charged. Read more in the NY Daily News

With baby boomers reaching retirement age, many pedestrians walking in New York City streets are seniors.  They represent 13% of the whole population of New York City however they account for 39% of NYC pedestrian fatalities. According to the DOT, the senior pedestrians fatality rate is 4x that of younger New Yorkers. As part of the Vision Zero Initiative, the DOT is working on various projects to make the streets of New York City safer for the seniors. The complete DOT presentation can be downloaded here. 

pedestrian fatality NYC by age

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A young man broke both his legs after he fell through a skylight at a rooftop party in Brooklyn, NYC. The man was hanging out with friends on the rooftop when  he stood on a skylight. The skylight made of  glass broke under the weight of the 25-year-old man. He fell 5 stories down on to the concrete. He was  rescued by the EMS with two broken legs.  According to residents, party goes may have walked from  one rooftop to another however being on the rooftop wasn’t allowed because of safety concerns. The building has no prior violations according to the DOB website.

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Our partner New York Medical Malpractice Lawyer  Jeffrey Bloom was recently invited to appear on Today’s Verdict show hosted by David Lesch to discuss legal malpractice and medical malpractice (see the video of the show below)

Our firm receives many phone calls from people who are upset with their lawyer or unhappy with the result of their lawsuit. Attorneys do make mistakes however not every mistake is grounds for a lawsuit. It is not just because you are upset with your lawyer that you can sue him. Someone has a legal malpractice case if it can be proven that not only the lawyer was negligent not but also that the client would have won the underlying case. This is also the reason why our firm  only handles legal malpractice cases related to personal injury including Medical Malpractice. Often cases we handle are related to issues involving missed statute of limitations and court deadlines.

In the video below Jeff  discusses a legal malpractice case in which the underlying case is a medical malpractice case that he is working on now. The case involves a patient who died in the emergency room of an Upstate New York hospital. The patient showed up at the emergency room complaining about chest pain. The nurse saw him and noted that the patient needed a cardiac consult. The patient  then waited for 4 to 5 hours to be seen. While waiting he died from cardiac arrest at the hospital.  The family of the victim retained a lawyer to sue the hospital. The lawyer who handled the case didn’t file the lawsuit and missed the statute of limitations date which is 2 years for wrongful death and 2 and a half years for medical malpractice. The lawyer then tried to forge documents to make his clients believe that the case was re-opened.

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Three construction workers were injured, two critically and one seriously after 1200 pounds of laminated beams fell on them at a construction site in Queens. The accident occurred wednesday afternoon at a site located on 28th Road near 31st Street in Astoria where workers were converting  a 2 story building into a 3 story one. As they were working inside, the roof collapsed  after a heavy load of  construction material had been previously placed on it. Beams and bags of cement fell from the top floor to the basement. 3 workers were pinned under the debris. One of the workers, a 37 year old man was seriously injured but he was able to free himself before the firefighters arrived. Another 40 year old worker was rescued from the debris in critical condition. The third worker, a 28 year old man, was trapped under thousands pounds of construction material. Firefighters were able to administer medication through an IV to keep the young man stable while they were frenetically digging through the debris to try to free him. Firefighters had to use a hydraulic jack to be able to rescue him. After an hour of intense work, they  finally were able to save him and to hoist him into the ambulance in critical condition. (see here a detailed description of the amazing job the FDNY did to save the workers)

Neighbors said the heavy construction material was previoulsy delivered  onto the roof by a crane. The New York City Department of Buildings is now investigating the accident.

On New York construction sites, heavy equipment is supposed to be delivered at ground level. For any heavy equipment delivery at higher levels, contractors are supposed to obtain proper permission. It was not clear yesterday if a proper authorization was obtain for the Astoria construction site previous to the crane delivery.

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