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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3 people died in a car accident in Long island, NY, early morning on Monday. The Ostanes, a Queens family from Haiti, were coming back from a gathering with relatives when a drunk driver who was also speeding crashed into their car. As the car burst into flames, Lucnie Bouaz-Ostane, the 35 year old mother who was in the passenger seat was able to escape. She tried to rescue the rest of the family but was unable to open the doors. Her husband, Ancio Ostane, 37, her daughter Sephora, 4, and her son, Andy, 8, all died in the accident.  The drunk driver fled but the police were able to apprehend him. 24 year old O’Neil Sharp was arrested and charged with DWI and leaving the scene of an accident. Sharp pleaded not guilty and Today authorities said a second man was arrested and awaiting arraignment. 23 year old Demetri Stewart was charged with leaving the scene of a death, fourth-degree criminal facilitation and third-degree hindering prosecution. Stewart apparently was riding another car just behind Sharpe when the accident happened. Read more in the NY Daily News 

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A bicyclist was killed in an accident Monday during  the early morning traffic rush in Brooklyn, New York City.  The bicyclist was riding south on Fourth Avenue near the Barclay Center when he was hit by an out of control SUV. According to the police, Claudio Rodriguez, the 37 year old driver of the SUV, may have had a seizure.  Rodriguez was travelling North on Fourth Ave when he first struck a car at a red light at the Dean Street intersection. The SUV then jumped the concrete median and crashed into the bicyclist who flew in the air and landed on the hood of the SUV. The bicyclist was carried several blocks on the hood of the SUV before he fell onto the pavement in front of the Atlantic terminal where he died. Rodriguez hit another car before crashing on Flatbush Avenue.  5 other people were injured in the accident. The police are waiting for the blood test results to determine if a medical condition caused the accident. According to the Post “Rodriguez admitted to cops that he had forgotten to take medication on Monday to control his seizures, law-enforcement sources said.”

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Two pedestrians were seriously injured in an accident between a car and a truck in Queens, NYC, on Tuesday.  Two women, ages 47 and 50, were walking on a sidewalk near the intersection of Northern Blvd and 162nd St. in Murray Hill when a SUV was struck by a Long Island Jewish Hospital truck while turning from Northern Blvd onto 162nd St. The SUV jumped the curb and hit the two women. One of them was pinned under the car and her head smashed on the ground. The two women were taken to the hospital. They were seriously injured but in stable condition. Read more in the NY Daily News

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One Bryan-Loughanyear ago Bryan Loughran (picture) was killed by a hit and run driver in Brooklyn , NYC (see previous blog). The driver who left him dying on the road was later on identified as Michael Casale, a 54 year old Minister from Brooklyn. After he fled from the scene of the accident, the minister abandoned his vehicle and tried to conceal his responsibility by reporting it stolen. Police arrested Casale at his home. Hours after questioning and blaming “his friend” for leaving the scene, Casale broke down into tears and confessed, the judge said. He was sentenced to up to 4 1/2 years in prison two days ago. Read more in the NY Daily News

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A speeding SUV driver is responsible for the death of 42 year old Susana Ha and her 10 year old daughter Angelica Ung in a crash between two cars that happened last Wednesday on 210th St. in Queens, NYC according to a police source. Susanna Ha was riding with her two young daughters in the back seat and her mother was in the passenger seat of a car driven by her dad when the driver of a speeding SUV who was travelling in the opposite direction veered to the left, crossed the double yellow line and hit their car. The accident took place in a 15 mph school zone with a speed bump in the middle of the street.

The mother and the youngest daughter were killed in the accident while the other daughter was in critical condition. The 67 year old grandmother was seriously injured while the 74  year old grandfather who was driving the car was in stable condition. The 46 year old driver of the SUV was also injured and in stable condition. To date no criminal charges have been filed. Based on photos of the front end of the SUV and video it had to have been going well above the speed limit.

Read more in the NY Daily News 

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A 90 year old woman lost control of her car and crashed into the front window of the Aeropostale clothing store of the Bay Terrace shopping Center on Bell Blvd in Queens, NY. The accident happened on Sunday afternoon around 4 p.m. The driver who pressed the gas pedal by mistake, drove through the shop front window and ended up next to the cash register. A 39 year old worker suffered minor personal injury from falling glass and the elderly driver reported pain in her left arm. Read more in the NY Daily News

In New York State, the Department of Motor Vehicles does’t remove driving privileges based on age but an elderly driver may be requested to pass a re-evaluation program. New York State Vehicle & Traffic Law Section 506 (1) states that: “If the Commissioner has “reasonable grounds” to believe that a person holding a license is not qualified to drive a motor vehicle, the Commissioner may require such person to submit to an examination to determine their qualifications.”

If you have an elderly parent or close relative who you feel no longer has the ability to drive safely it is incumbent on you to discuss with them your concerns. This is a very difficult discussion to have since giving up one’s driving privileges makes one feel a loss of independence. Such a discussion must be in a reasoned manner. For an excellent article on having this discussion see “How to Talk to Elderly Adults About Giving up the Keys” by Constance (Connie) Matthiessen in caring.com.

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A 29 year old male pedestrian died in a car accident in New York City last Saturday night. For some unclear reason instead of using the nearby pedestrian overpass, Caje Dawkins decided to walk across the Bruckner Express Way near Stratford Ave, half a mile from where he lived.  As he was trying to cross the busy highway he was struck by a SUV . The driver of the SUV stayed at the scene of the accident.  Read more in the New York Daily News

 

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The police are still looking for a hit and run driver who struck a pedestrian last Saturday around 12:30 in Queens.  21 year old Betty Jean DiBlasio was crossing Ditmars Blvd near 19th Street in Astoria when she was hit by a Chevrolet Impala.  The driver sped away leaving the young woman lying on the pavement with a severe head injury. She died later at the hospital.  Read more in the NY Daily News.

According to the Vision Zero Queens Pedestrian Safety Action Plan, 16% of Queens pedestrians fatalities happen between 12:00 and 6:00 am though less than 4% of pedestrian activity takes place during these hours. 75% of Queens pedestrian fatalities are caused by dangerous drivers choices such as speeding, failing to yield to pedestrians, red light running, distracted driving, and driving under the influence.

Queens Pedestrians Fatality

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New York Personal Injury lawyer Anthony GairA bill that makes it a felony for drivers to kill or injure others while driving without a license was passed yesterday by the New York State Senate. The bill was introduced by state Senator Michael Gianaris (D-Astoria) following the death of Noshat Nahian, an 8 year old pedestrian who was on his way to school when he was fatally struck  by a tractor-trailer driven by an unlicensed driver. Our partner, personal injury lawyer Anthony Gair (picture) who is in charge of the case commented: “This is a very important bill and long over due. In this tragic case, all charges against the driver were dismissed except for driving without a licence for which he paid an $85 fine. This is outrageous in a case in which Noshat was in the crosswalk with the right of way and easily visible at the time the tractor trailer turned left striking him. Hopefully the law will also discourage commercial carriers from hiring unlicensed truck drivers.” Read more in the Times Ledger

 

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A motorist who was speeding lost control of his car and crashed into a SUV , spun around ran into other parked cars, injuring himself and 3 other people including a a woman who was four months pregnant. What will it take to prevent these needless accidents caused by drivers who are so irresponsible they never consider the dire consequence of their behavior. Long term suspension of their licences would be a good start. When death or catastrophic injuries result jail would not be a bad idea. Too few accidents caused by reckless driving result in criminal prosecutions. See our post above.  The car accident happened last Friday around 7:00 pm on Boston Road near East Gunhill Road in the Bronx, NYC. Read more in the NY Daily News 

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