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 Auto Accidents

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southern-district-of-ny-jpg-rgb-smallIf you were injured in a car accident, you or your family might be contacted or visited by individuals telling you that they can assist you. These people are often runners who work for corrupt personal injury attorneys, and doctors who tarnish the reputation of the honest ones.  They are often part of a “ring” that involves corrupt police officers, 911 employees and hospital workers who use confidential information to reach out to victims of car accidents, like you and lie to them. Victims end up signing retainers with corrupt personal injuries attorneys who will refer them to unethical medical clinics who subject patients to dangerous and unnecessary treatments  in order to fraudulently overbill insurance companies.

Last week, 13 individuals including  a NYPD officer, a personal injury attorney, licensed physicians and others were arrested in New York for participating in a $100 million automobile insurance fraud scheme

In New York and in New Jersey, the “No-Fault Laws” require insurance companies to reimburse medical expenses and loss of earnings without regard to fault when someone is injured in a vehicle accident. As a result, insurance companies often pay medical providers directly for treatments provided to victims of automobile accidents. The 13 people indicted last week used this system to generate millions in profit.

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18 people died (8 pedestrians, 8 motorists, 1, cyclist, 1 passenger) and  4,434 were injured in NYC crashes in November 2021 compared to respectively 28 and 4,039 in 2020. The total number of auto fatalities was also lower than in October 2021 during which 28 people died in crashes in the city. While the pandemic changed the way people are commuting in the city, the number of traffic deaths which had exploded in November 2020, is back to a level similar to the last 3 previous years, hovering around 20. Globally, over the last 8 years, the NYC traffic fatalities trendline is declining, however it is the first time since last May that monthly traffic fatalities are actually below this trendline. (Click on graphs for full view)

NYC auto accident deaths November 2021
Pedestrians and motorists represented most of the deaths with 8 of  each category dying in crashes in November. Additionnally one cyclist and one passenger also died in crashes during that month. In November 2020,  the high number of deaths was mostly caused by a much higher number of cyclists (6) and pedestrians (13) deaths, while the number of motorist and passenger deaths were lower and similar to November 2021 (6 and 1). November 21 was also a better month than October 21 during which  8 motorists, 5 passengers, 3 cyclists and 12 pedestrians lost their lives in crashes.

Motor vehicle accident fatalities NYC November 2021
NYC Auto accident injuries remained lower than usual last November with 4,434 crash injuries compared to respectively 4,039, 4,733, 4,943, 4,892, 5,014, 4,357, 4,222 and 4,692 in November 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013.  Before the pandemic, the monthly number of car accident injuries was usually above 4500 during the month of November. During the pandemic it dropped lower and as a result the trendline which was previously slightly increasing is now slightly decreasing.

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drunk drivingA woman whose identity was not revealed and a 20 year old boy identified as Frankely Nunez-Payano both died in drunk driving accidents in New York City this week-end. Both were passengers in cars driven by young drunk drivers. Both accidents happened minutes apart from each other.

The first accident took place in Jamaica, Queens, on Saturday night around 4:10 am.  23 year old Gilberto Cordova, was allegedly drunk when he was speeding down 112th road in Jamaica, Queens, with 5 passengers in his car. As he was near the intersection of Guy R. Brewer Blvd, he lost control of the vehicle, struck a pole and crashed into a parked van. The impact was so intense that the van jumped onto the sidewalk. All occupants were rushed to the hospital. The female passenger died from her injuries. the other 5 occupants all suffered serious injury but were in stable condition. Cordova was charged with driving while intoxicated, vehicular assault, criminal negligent homicide and vehicular manslaughter.

A few minutes later in the Bronx, another drunk driver, 19 year old Andre Hatcher, crashed his car into a truck, killing his friend, 20 year old Frankely Nunez-Payano. The 19-wheeler truck was driving east on Manida street and Oak Point Boulevard when it was T-boned by the Infiniti driven by Hatcher. The car got crushed under the truck and the passenger suffered critical injury. He later died at the hospital. The driver was taken into custody and later on charged with criminally negligent homicide, manslaughter, vehicular manslaughter, driving while intoxicated and driving while impaired.

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NY pileup due to icy conditionsFreezing rain caused dozens of car accidents around New York City and in the tri-state area on Wednesday morning. While accidents resulted mostly in pile ups and damages to cars at least one man died and multiple people were injured.

Driver who exited from his car fatally hit by other car sliding on ice

The fatal car accident occurred on a ramp connecting the eastbound Cross Country Parkway to the northbound Bronx River Parkway in Mount Vernon.  After multiple vehicles collided on the ramp due to icy conditions, a man whose vehicle was stopped, got out of his car and was fatally hit by another vehicle that slid on the ice. The passenger of the same vehicle attempted CPR on him and so did the emergency personnel at the scene but the man could not be saved.

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location of the deadly drag racing crashA 17 year old behind the wheel of a 2018 Honda Civic crashed his car and died during what might have been a drag race according to the Police.

Last night around 9:25 pm, Antonio Fonseca was driving at high speed on the Henry Hudson Parkway in the Harlem area.  He was in the left lane. On the center lane was another Honda Civic driven by a 20 year old and on the right lane was a Honda Pilot driven by a 26 year old.

Antonio Fonseca lost control of his vehicle and sideswiped the Honda in the Center lane which then collided with the Honda Pilot on the right lane. As for Antonio, his car stroke the median and overturned several times before stopping in the middle of the center lane. He was rushed to the hospital but did not survive his injuries. Read more in the Daily News

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Sadly Thanksgiving Holidays are not only associated with good family time but also with a rise in car accident fatalities and injuries. National statistics show that car crashes increase by 17% during the day and the night before Thanksgiving as families travel across the United States to get together. Consumption of alcohol is also a contributor in many accidents that occur during the Holidays.

overpass where the deadly crash occurred NY19 year old loses control of vehicle packed with 5 passengers killing two of them and seriously injuring two others

In the New York area, two young people died in a car accident in Long Island on Thursday night. According to the police, the driver of a Honda Pilot who was carrying 5 other passengers sideswiped a Toyota Corolla on the Southern State Parkway near Hempstead and lost control of the vehicle. The car then crashed into an overpass located near exit 21.  The driver, identified as 19 year old Herson Gonzalez survived while two 23 year old passengers, Patricia Rakissoon from Bay Shore and Elliott Bryant from Brooklyn, died. Two other passengers were transported to the hospital with serious injuries while the driver and another occupant were also transported to the hospital to be examined. The occupants of the Toyota were not injured. The exact causes of the accident are still being investigated.  (read more in the Nassau Daily Voices) (Picture of the location of the deadly crash: courtesy of Google Map).

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Triborough_Bridge were the accident occuredThankfully nobody was seriously injured in an accident involving multiple cars  after a NY State trooper opened fire on two suspects fleeing in a stolen car  on the RFK bridge that was packed with holiday travelers.  The bridge was closed  for hours creating major traffic delays.

The hunt for the car, a 2021 Acura Sedan, started the day before when the owner of the car reported to the police that the vehicle was stolen. On Sunday afternoon, the owner of the Acura contacted the police again and told them that his tracking app was showing the vehicle on the RFK bridge. The car was spotted by the Triborough Bridge and Tunnel Authority officials who contacted the NY State Police.

According to a witness the State troopers were able to localize the car and get close to it. One of the troopers knocked on the window of the stolen car. After a while the driver opened it and the officer grabbed him by the neck.  The driver took off, hitting another car that struck the trooper. The trooper then opened fire on the fleeing suspects who hit multiple other cars as they were fleeing from the police.   Two people were hurt including the State Trooper and the thieves were arrested in Harlem after they got off the bridge.

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Cross Bronx ExpresswayHeavy pollution causing asthma to the population, deadly car accidents, no consideration for pedestrians and cyclists and racially biased, the Cross Bronx Expressway is in serious need of a revamp.

Activists who have have been asking for years for the 8-mile highway to be capped have finally been heard. This week, as part of the infrastructure bill,  Transportation Secretary Pete Buttiegieg announced that $2 million will be invested in a study looking at  the negative impacts of the Cross Bronx Expressway by capping it and building parks, investing in electrical vehicle chargers and creating safer options for cyclists and pedestrians.

Originally built and designed by Robert Moses, the Cross Bronx Expressway has not only displaced populations of Black and Latinos and destroyed their businesses but has also became a major health issue for those families of the South Bronx who live nearby.

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During the third quarter of 2021, a total of 71 people died in crashes in New York City including 24 pedestrians, 5 cyclists, 9 passengers and 33 motorists. Since the Covid19 crisis started, auto accident fatalities in New York City have peaked and  street safety activists are pointing fingers at the de Blasio administration for failing to keep the streets safe.

A total of 14,335 people were injured in traffic accidents in New York City during Q3 2021 compared to respectively 13,437, 16,083, 16,300, 15,860, 16,048, 13,998, 13,472, 14,900 during Q3 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013. Before 2015, the passengers category  was the one with the most injuries with usually between 5,000 and 6,000 passenger injuries during Q3. In 2015 after the introduction of the Vision Zero program, passenger injuries significantly declined to 4,121 while motorist injuries jumped from 4,502 to 6,043. The increase in motorist injuries is linked to an increase in accidents related to distracted driving and more and more people using their cellphone while driving. After the first year of Vision Zero, passenger injuries during Q3 went back above 5,000 and then, back below 5,000 after the Covid19 crisis hit in 2020. Motorist injuries, mostly linked to distracted driving continued to rise reaching a record high in 2019 with 7,437 motorists injured during Q3.

New York Auto Accident injuries by category during Q3
6,349  motorists were injured in car accidents in New York City during the third quarter of 2021 compared to 5,931 for the same period of 2020 and 7,437 for the same period of 2019. Motor vehicle accident injuries reached a peak during Q3 2019 in New York City and then dropped to levels never seen since 2014 when the Covid19 crisis hit.  They were up during this year’s Q3 but not as high as what they used to be during Q3 2019.

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location of the fatal crashTwo childhood friends were driving back home from an after-hours party when the one driving ran a red light and crashed into another car. The passenger was ejected and died. The accident occurred around 6:30 am last Saturday morning. According to the police, 26 year old Jovanni Padilla was speeding down Saratoga Ave when he ran a red light at the intersection of Sutter Ave and crashed into a KIA SUV. His best friend, 23 year old Kainen Martin was asleep in the passenger seat. Ther impact was so intense that he was ejected from the car.  The police found him lying in the street and he was rushed to the hospital where he later on died from his injuries. The driver, Jovanni Padilla did not have a license and was drunk at the time of the accident. He was also trying to escape on foot when the police arrived and caught him. Padilla was first charged with DWI and driving without a license  and later on with mansluaghter, assault and vehicular manslaughter. The driver of the KIA SUV was hospitalized with minor injuries.

Best friends since childhood

Jovanni and Kainen had been best friends since they were children. Padilla felt so guilty after he understood that his friend had died that he asked the cop  “Just shoot me in the head”. He later on attended the candle light vigil held at the house of Kainen’s mother  in Brooklyn. Both Jovanni and Kainen’s family knew each other and both were distraught by the fatal accident.

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