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 Bicycle Accidents

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While the number of traffic fatalities is on the rise nationally, in New York, most probably because of the many Vision Zero Initiatives launched over the last five years, traffic fatalities were at their lowest during the third trimester of 2018 compared to the third trimester of the five previous years. The decline in traffic fatalities during the summer of 2018 is due to the decrease in pedestrians and cyclists fatalities while the number of motorist fatalities was at its highest since the beginning of Vision Zero.

From July 1st to September 30 2018, 59 people lost their life in NYC auto accidents compare to respectively 65, 61, 60, 76 and 82 during the same period of 2017, 2016, 2015, 2014 and 2013. It is interesting to notice that there are now as many motorists deaths as pedestrian deaths. Pedestrians used to be the category of road users the most at risk of dying in trafic accidents. However according to the most recent statistics drivers now have as much risk as pedestrians of getting killed in a traffic accident in New York City. Total traffic fatalities in New York City third trimester 2018

A record number of 16,300 people were injured in car accidents in New York City during the third trimester of 2018 compared to respectively 15,860, 16,048, 13,998, 13,472 and 14,900 during the third trimester of 2017, 2016, 2015, 2014 and 2013.  Not only in New York but all over the US, distracted driving has led to a significant increase in motorist injuries. Over the last 3 years and despite Vision Zero intense efforts to make New York City Streets safer, the number of motorists injured in car accidents in New York has been increasing tremendously.

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New York Bicycle Accident Lawyer Anthony Gair
Our NYC bicycle accident lawyers are suing the city and the Hudson River Park Trust on behalf of the families of the victims of the terror attack that took place a year ago on the West Side Highway bike path.  Our firm is representing the families of 20 victims who were among the people who were killed or injured  by a pro-ISIS terrorist who rented a truck from the Home Depot and sped down  the Greenway, a popular bike path along the Hudson River, mowing down anyone in its path.

The city’s Department of Transportation and Parks Dept as well as the Hudson River Park Trust “were on notice since at least 2007 of the numerous vehicles that were entering the Greenway,” said our partner Anthony Gair to the NY Daily News. “Nothing was done.”

Previous Transportation Alternative study ignored by the city

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Citi BikeThe bus driver who fatally struck a cyclist on West 26th Street, New York, was found guilty of  violating New York City’s Right of Way Law, failure to exercise due care and traffic violation, after a trial that lasted two days.

On a Monday morning in June 2017, Dan Hanegby was pedaling to work on West 26th Street. The street has no bike lane and cyclists share the road with motor vehicles. David Lewis who was driving a Coach USA bus arrived behind the biker, clearly saw him and barreled past him in a narrow area of the street instead of slowing down and waiting for a safer opportunity to pass the bike. The bicyclist was knocked down by the bus and died.

During the trial the attorney for the bus driver tried to blame the victim and claimed that Hanegby lost control of his bike. However a surveillance video from a nearby building clearly shows that the bicyclist drove on a straight line and that because vehicles were parked on both sides of the street, it was just too narrow for the bus driver to pass the bike. The video also shows that the bus driver doesn’t slow down at any moment. Not before and not after the accident, completely failing to exercise caution.

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Last Halloween, a terrorist driving a rental truck plowed into bicyclists and pedestrians on the Greenway bike path along the West Side Highway near Battery Park. In his act of terror, Sayfullo Saipov killed 8 people and injured 13 others after he entered the bike path  North of Chambers Street and drove 14 blocks down the path, striking bicyclists and pedestrians on his way.  The police were able to stop him after he slammed into a school bus at the Chambers Street intersection and tried to run away on foot.

According to the authorities, Saipov was inspired by the Islamic Sate group when he committed his act of terror. He is now behind bars and held without bail. He pleaded not guilty but the federal prosecutors announced on Friday that they are seeking the death penalty which is extremely rare in New York. The last time it occurred was in 1953 for Julius and Ethel Rosenberg.

Our firm represents most of the victims of the terror attack and while this decision by the  federal prosecutors will satisfy the families of the victims it will never make up for their losses.

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84 people including 49 pedestrians, 6 cyclists, 3 vehicle passengers and 26 vehicle drivers died in traffic accidents in New York City during the first semester. This is the lowest number of traffic deaths ever recorded in the city during the first six months of the year. Last year 96 people died in traffic accidents during the same period. It was the  first time that the number of traffic deaths was below 100 for the first six months of the year.Traffic Deaths NYC first semester 2018

While less and less people are dying in auto accidents in the city, more and more are getting injured. 28,544 people suffered injury in a crash during the first semester of 2018 compared to 27,923 during the same period of the previous year and respectively 27,540, 23,530, 24,508 and 26,119 during the first semester of 2016, 2015, 2014 and 2013.

As part of the Vision Zero initiative, the speed limit in the city went down to 25 mph in 2014. This speed limit decrease may have been a factor in the reduction of traffic deaths and in the increase of injuries. Accidents at lower speed may prevent road users from dying, instead they are getting injured.

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fatal bike accident cpw 2A 23 year old Australian tourist was killed in a bicycle accident in New York on Friday afternoon. Madison Jane Lyden  and another tourist were riding their bicycles North on Central Park West. As they passed by the bus stop between 66th and 67th Street, the young woman was forced into traffic to avoid an Uber car pulling into the bike lane. According to witnesses she “bounced off” the garbage truck before landing under its wheels. She was rushed to the hospital where she died shortly later. Madison Jane Lyden was from Victoria Australia. She worked at a recreational center as a swim instructor, life guard and receptionist. She was visiting New York with friends.

One of  our employees happened to be visiting someone in the building located right across the street from the accident scene and took a picture from above that clearly shows the livery car pulling into the bike lane, on the left are the belongings of the victim on the ground. It also shows the Garbage Truck stopped at a significant distance from where it contacted the bicyclist. Skid marks , which would indicate the truck braked prior to contact are are not visible south of or next to the Uber in the photo.

DRUNK TRUCK DRIVER

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5,569 people suffered personal injury in 20,551 traffic accidents in New York City last May. Among them were 2,534 motorists, 1,755 passengers, 430 cyclists and 850 pedestrians.

While looking at past statistics,  we notice a seasonal factor that causes the number of crash injuries to always increase during the month of May compared to the previous months of  February, March and April. Last May the auto accident injuries in New York City increased to a record number.

In May 2013, before Vision Zero, 4,988 people suffered injuries in NYC crashes.  Then the Vision Zero program started and the number of crash injuries declined to 4,621 in May 2014. It increased again slightly to 4,788 in May 2015 but stayed below the Pre-Vision Zero number of injuries recorded in May 2013. In May 2016, it peaked above 5000 and never went back below that level for the last 3 years. 5,415 crash injuries were recorded in May 2016 and 5,314 in May 2017.

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12 people died and 4,578 were injured in traffic accidents in New York City in April. Among the fatalities were 7 pedestrians, 3 cyclists and 2 motor vehicle passengers. The number of fatalities recorded last April is the lowest number of traffic fatalities ever recorded in April since Vision Zero started. Last year during the same month 20 people died in NYC motor vehicle accidents. In 2016, 2015, 2014 and 2013, there were respectively 14, 19, 21 and 15 fatalities.

Traffic fatalities NYC April 2018
Sadly, the number of people injured in accidents in the city was higher in April 2018 than it was in April 2017. It wasn’t as high as in 2016 but it was higher than in 2014 and 2015 and also back at the level where it was before Vision Zero was implemented.  While pedestrians and cyclists account for most deaths, motorists and passengers sustain most of the injuries.Motor vehcile accident injuries New York City April 2018

Motorists injuries continue to be on an ascending trend with a record number of 2,117 motorists injured last April compared to respectively, 1,922, 2,061, 1,363, 1,305 and 1,599 in 2017, 2016, 2015, 2014 and 2013. Distracted driving might be one of the reasons why this number continues to increase.

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A cyclist died after he was doored by a car in Queens, NYC, and ended up under the wheels of a truck. The accident occurred yesterday afternoon in Long Island City. The 45 year old man was riding his bike North on 21st Street near 46th Avenue when the passenger of a car parked in the street suddenly opened his door and hit him. The impact sent the cyclist flying  in the middle of the street in front of a box truck. The  truck driver didn’t have the time to stop and ran over him. The man was transported to the hospital in serious condition. He later died from his injuries The car driver and the truck driver stayed at the scene of the accident. The truck driver was taken into custody after the police found that he didn’t have a valid license.

Read more on the CBS New York website

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7th-waverly-perryThe installation of protected bike lanes all over New York City not only protect bicyclists from dangerous accidents but also drivers and pedestrians alike. According to DOT statistics, streets with bike lanes have 40 percent fewer crashes ending in death or serious injury. A study realized after the Ninth Avenue protected bike lane was installed showed that all injuries related to traffic accidents decreased by 50%. Pedestrian injuries decreased by 29% and cyclist injuries by 57%.

Better protection for cyclists and pedestrians

Last week the DOT announced that the many cyclists using Seventh Ave to ride South in Manhattan will now be able to use a protected bike lane from 30th Street to Clarkson Street. Half of the protected bike lane, from 30th Street to 14th Street was installed at the end of last year. The DOT finished installing the other part from 14th Street to Clarkson Street last week. The DOT still needs to paint the lane in green. The DOT is also planning to install five concrete pedestrian islands along the way as well as additional safety improvements for pedestrians.