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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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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King Plaza and FlatbushA hit and run driver hit a couple crossing Flatbush Ave, killing the husband and seriously injuring the wife.  Last Thursday around  5pm Angel and Samantha Sagardia were crossing Flatbush Ave in front of the King Plaza Mall in Marine Park, Brooklyn when they were struck by a van. According to witnesses the van was speeding. He hit the woman first and then the man. The van driver didn’t slow down and continued on his way leaving the couple critically injured on the road. A side mirror from the van was also found on the street by investigators. The van was also found later on near the intersection of Rogers and Tilden Avenues in East FlatBush. The driver is still at large.  Read more in the NY Daily News

 

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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NYPDWhen a victim is injured in a car accident in NYC, the NYPD tends to blame the victim and anonymous police sources often speculated to the press about the cause of the accident. This attitude was criticized  in a recent report published by Transportation Alternatives (see page 19 of the report). They did it again last week as a preliminary report  from the police indicated that 22 year old Jack Delaney Koval was killed on the West Side Highway after the young man jumped a divider and stepped into oncoming traffic. Further investigation and surveillance footage of the accident revealed that the young man was in the crosswalk when he was fatally hit by the car. He wasn’t jumping a divider like police sources initialy told the press.  Read more in the Gothamist

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NYPD attitude toward NYC car accidents29 people died in car accidents in New York City last June bringing the total number of car accident fatalities in the city to 111 for the first sixth months of 2016. These numbers are higher than last year when 20 people were killed in NYC car accidents in June and a total of 107  vehicle accidents fatalities were recorded for the first semester. At the end of 2015 Mayor de Blasio was proud to announce that the number of  NYC fatal car accidents was at its lowest thanks to the many initiatives launched in the city under the Vision Zero program .

So what went wrong in 2016?  A report recently released by Transportation Alternative is pointing fingers at the NYPD and said they are getting Vision Zero data wrong. Transportation Alternatives conducted an in-depth analysis of the NYPD traffic enforcement practices and discovered that the NYPD hasn’t committed to use appropriate policing to deter the most deadly driving violations: failing to yield and speeding. Transportation Alternatives also found out that there are no clear plans in regards to participating in the Zero Vision program and that the allocations of resources is not based on street conditions.

In its report, Transportation Alternatives especially criticizes the attitude of the NYPD towards bicyclists. While 12 of the 14 fatal bicycle accidents that occurred this year were caused by negligent vehicle drivers, the police still continue emphasis on minor cyclists violations rather than going after reckless drivers endangering bicyclists. Transportation Alternatives recommends that initiatives like Bicycle Safe Passage be a norm rather than a temporary police blitz.

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left turn crashes study DOT NYCIn New York City, left turn accidents account for 19% of the crashes that kill or severely injure (KSI) pedestrians and bicyclists compared to 6% for right turns.

At most New York intersections drivers are permitted to tun left while pedestrians are in the crosswalk. While pedestrians have a false sense of security because they are in a crosswalk, left turn drivers often concentrate  on on coming traffic while turning and fail to look for pedestrians. Additionally because they can be taken at a wider angle, motorists tend to take left turns at a higher speed than right turns.

From 2010 to 2014, 108 pedestrians and bicyclists were killed by drivers turning left in New York City, that’s more than 20 people every year and almost two people every month.

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The police arrested the driver who killed two pedestrians in Brooklyn and then fled the scene of the accident (see previous blog) . The man was identified as 21 year old Efrin Lanfranco-Perez. The young man was speeding when he hit Delmer Maldonado and Israel Turcios who were crossing the street under the J train in Brooklyn, NYC. The impact was so violent that one of the men was thrown in the air and the other one thrown onto the sidewalk. Both were killed in the accident. After hitting the two men, Lanfranco-Perez got out of his car and fled the scene of the accident on foot. He later on turned himself into the police with his lawyer and said he left because he panicked.  He was charged with leaving the scene of an accident without reporting a serious physical injury or death and aggravated unlicensed operation of a motor vehicle. The lawyer said his license was suspended because he didn’t pay a ticket. He is being held on $30,000 bail (read more in the NY Daily News)

Hit and run accidents are occurring on a weekly basis in NYC. The NYPD are still looking for another driver who killed a pedestrian last week as he crossed a Queens service road. The police didn’t provide a description of the car but indicated the driver was form Maryland.

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Anton YelchinA defective car killed Anton Yelchin and his parents are suing Fiat Chrysler Automobiles, manufacturer ZF North America and car dealership chain AutoNation for the wrongful death of their son. 29 year old Anton Yelchin, a “Star Trek” actor was killed last June in front of his house. The actor had just exited his 2015 Jeep Grand Cherokee. Because of a defect in the design of the electronic gear shift position indicator, Yelchin thought his car was in “Park” position but it wasn’t. Therefore the parking break wasn’t engaged. The vehicle started to move toward him rolling backward and  fatally crushed him against the security gate.

The car maker was aware of the design defect and in April it had recalled more that 1.1. million Jeep Grand Cherokees after receiving 41 reports of injuries related to the gear shift. According to Yelchin’s parents, a recall notice was received in the mail seven days after the death of their son. The parents said that it was too little too late.

See our previous blog for more info about the recall and read more about Anton Yelchin parents’ lawsuit in US Magazine

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accident locationA 22 year old man was severely injured in a car accident in New York City. The young man was struck by a car at the intersection of Dry Harbor Road and Woodhaven Blvd in Queens (see Gooogle map picture) last Friday morning around 4:4o am. The driver who hit him never stopped and the police are still looking for him. As the victim was lying on the ground in the middle of the road, a second driver didn’t see him immediately and struck him a second time. He then dragged him under his car for a block until he realized what happened and stopped. The driver stayed at the scene of the accident and wasn’t charged. The young man was transported to the hospital in critical condition. He survived the accident and according to the NY Daily News he is now in stable condition.

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Fulton and Chestnut2 pedestrians were killed in a car accident in New York City last night. The driver who struck them is still at large. A little bit after midnight last night 41 year old Delman Maldonado and 56 year old Isreal Turcios were crossing the street at the intersection of Fulton Street and Chestnut Street in Cypress Hills Brooklyn (see Google map picture on the left). As they were crossing a speeding driver lost control of his vehicle, slammed into two parked cars and struck the two friends. The driver took off running leaving the two men dying in the street. Delman Maldonado, a father of one, died at the scene of the accident, Isreal Turcios, a father of three, was transported to the hospital but didn’t survive. The two of them were friends living in the neighborhood. They had just left a bar owned by Turcios’ brother and were going back home when the fatal accident happened.

 

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