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 Posted in Wrongful Death

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CPWR Stand Down 2026Falls and struck-by incidents continue to be among the leading causes of traumatic injuries and deaths on construction sites across the United States. Safety experts and regulators consistently warn that these incidents are largely preventable when proper safety planning, training, and protections are implemented.

Each spring, national safety campaigns organized by the Center for Construction Research and Training (CPWR), the Occupational Safety and Health Administration (OSHA), and the National Institute for Occupational Safety and Health (NIOSH) encourage contractors and workers to pause jobsite activities and focus on preventing these hazards through targeted safety discussions and training.

From the perspective of experienced construction accident lawyers, these campaigns highlight a critical point: most serious construction accidents occur because established safety rules were ignored or not enforced.

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drunk drivingMore than a year after a tragic crash on the Belt Parkway in Queens claimed the life of a young woman, prosecutors have filed serious criminal charges against the driver allegedly responsible. While criminal proceedings may bring a measure of accountability, families who lose a loved one in a drunk driving crash also have the right to pursue justice through the civil court system.

According to police, Kenyatta Junior Weston, 31, was arrested and charged Tuesday in connection with the Feb. 8, 2025 crash on the Belt Parkway near 233rd Street in Laurelton, Queens. Prosecutors charged Weston with manslaughter, vehicular manslaughter, assault, reckless driving, operating a motor vehicle while under the influence of alcohol or drugs, and multiple speeding violations. Authorities also recovered a firearm from the wrecked vehicle.

Police say Weston was speeding eastbound around 3:47 a.m. when he crashed into a row of sand barrels along the parkway. The impact was so severe that Elizabeth Vanessa Perla Hernandez, 27, was ejected from the Toyota. Emergency responders rushed her to Long Island Jewish Valley Stream Hospital, where she later died from her injuries.

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Tiffany Howell InstagramA fatal wrong-way crash on the Taconic State Parkway in Mount Pleasant has led to the arrest of an off-duty NYPD sergeant on aggravated vehicular homicide charges. According to published reports, Sgt. Tiffany Howell was allegedly driving south in the northbound lanes at approximately 11:40 p.m. when her 2021 Infiniti struck a 2024 Toyota operated by 61-year-old Manuel Boitel.

Investigators determined that Howell’s blood alcohol content was allegedly .26 — more than three times New York’s legal limit of .08. She was arraigned in Westchester Supreme Court and released on $500,000 bond.

Boitel, who was returning home from work as a Manhattan doorman, was transported to Westchester Medical Center, where he was pronounced deceased.

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Morton Street and Seven Ave SouthA Manhattan grand jury has indicted a wrong-way driver on charges of criminally negligent homicide and reckless driving following a fatal pedestrian collision at Morton Street and Seventh Avenue South in the West Village.

A criminal prosecution addresses violations of the Penal Law. It does not compensate the victim’s family. The criminal case and any civil action proceed independently and serve different purposes. For families facing this type of loss, the central legal issue becomes what civil remedies are available under New York law.

1. Wrongful Death Action

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New_York_City_Department_of_Sanitation_logoA fatal early-morning car and truck collision on the Long Island Expressway in Queens is raising significant legal questions regarding potential municipal liability tied to alleged improper snow removal operations. on the Long Island Expressway in Queens is now raising serious legal questions regarding potential municipal liability for alleged improper snow removal operations.

According to published reports, 50-year-old livery driver Carlos Asitimbay lost control of his vehicle around 4:30 a.m. on February 6 while traveling westbound on the Long Island Expressway near the Van Wyck Expressway. Sources indicate that less than two hours earlier, a sanitation vehicle may have pushed snow and ice from the shoulder into an active traffic lane, a practice prohibited on highways due to higher travel speeds and increased risk of loss-of-control crashes.

After striking the median and coming to rest perpendicular to traffic, Asitimbay’s vehicle was struck by a tractor-trailer. He was transported to NewYork-Presbyterian Hospital Queens, where he later died from catastrophic injuries.

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house on fireOver the past week, multiple serious fires across the New York metro area have left families grieving and others hospitalized. These incidents—spanning Queens, Long Island, and Brooklyn—underscore how quickly a fire can turn catastrophic and how often preventable conditions play a role.

From the perspective of New York fire accident attorneys, these events raise urgent questions about building safety, code compliance, and accountability.

Recent Fires With Fatalities and Injuries

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The fatal hit-and-run that killed 27-year-old Marcus McLaughlin, a father of three, in a Bronx NYCHA parking lot is a devastating reminder of how quickly lives can be lost—and how complex the legal aftermath can become for surviving families.

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2025 year in review for the NYC personal injury law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & MackaufThe 2025 Year in Review documents another extraordinary year for the NYC personal injury law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, marked by record-setting verdicts, precedent-shaping settlements, and litigation that advanced safety and accountability across New York.

Throughout 2025, the firm secured results in cases involving catastrophic injury, wrongful death, medical malpractice, construction accidents, transportation disasters, premises liability, and sexual abuse, many of which rank among the most significant outcomes in New York State history.

Record-Setting and Notable 2025 Results

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rego park where the fatal car accident occurredA fatal incident inside a Queens apartment building parking garage has placed renewed focus on driver responsibility, property safety, and the legal rights of families after preventable tragedies. According to published reports, a 1-year-old child was struck by a BMW inside a parking garage next to the family’s apartment building in Rego Park, Queens. The child was transported to NewYork-Presbyterian Queens, where he later died from his injuries. The driver remained at the scene, and authorities continue to investigate.

From a legal perspective, crashes involving children in parking garages are among the most serious motor-vehicle cases handled by our Queens car accident lawyers. These incidents often involve complex questions of negligence, visibility, speed, vehicle design, and whether the garage itself was reasonably safe for pedestrians.

Parking Garages Are Not “No-Fault” Zones Under New York Law

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Fatal Crashes and Fatalities in Construction Work Zone 2012-23Transportation-related incidents remain one of the most dangerous hazards facing construction workers today. According to data published by The Center for Construction Research and Training, transportation incidents accounted for more than one-third of all occupational fatalities in construction in 2023. These incidents occur both on and off public roadways, often where moving vehicles, heavy equipment, and active work zones intersect. Highway and street construction zones are especially hazardous, placing workers at constant risk of being struck by vehicles or equipment.

Nonfatal Transportation Injuries Continue to Rise

Despite improvements in overall safety rates, the total number of nonfatal transportation injuries among construction workers has increased over the past decade. Between 2011–2012 and 2021–2022, nonfatal transportation injuries rose by nearly 15 percent. The majority of these injuries involved roadway incidents with motorized land vehicles, with trucks accounting for the largest share. These injuries frequently occur during routine jobsite activities such as deliveries, equipment movement, and vehicles entering or exiting work zones, where visibility and traffic control are often inadequate.

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