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 Bus Accidents

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NYC Personal Injury Lawyers Howard Hershenhorn and Diana Carnemolla

Congratulations to our partners NY Personal Injury Lawyers Howard Hershenhorn and Diana Carnemolla as well as their legal assistant Richard Soldano, for obtaining the Highest Jury Verdict in New York State in 2018. This verdict is also the 25th highest jury verdict in the entire country for 2018.

NY #1 Verdict In Sipher v. Twin America LLC, the jury awarded $85 million to a pedestrian who was ran over by a red double decker sightseeing tour bus in New York. The verdict was delivered on December 4th 2018 after a week trial during which Howard Hershenhorn and Diana Carnemolla tried the case on behalf of the injured plaintiff before the Hon. Barbara Jaffe in New York Supreme Court. The jury awarded to the victim $45 million for past pain and suffering and $40 million for future pain and suffering.

The accident occurred on July 3rd 2015 in downtown Manhattan. The victim was crossing 6th Avenue in the crosswalk with  the light in his favor when he was struck by a sightseeing bus making a left turn from West 4th Street onto 6th Avenue.

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A school bus driver who fatally hit a pedestrian back in February appeared in Bronx Criminal Court yesterday. On February 14th, 68 year old Agnes Egan was crossing the street at the intersection of Havemeyer Street and Story Avenue when she was struck by 66 year old Anton Goodhall who was driving a mini school bus south on Havemeyer. Video footage of the accident shows the minibus rolling over the pedestrian, stopping after the impact and then leaving the scene of the accident. Agnes Egan was critically injured and died 40 minutes later.

In Court the bus driver claimed he never saw the pedestrian. He said he stopped after the accident because he dropped a bottle of water. He also said that his visibility was reduced because two other cars were in  the intersection. He also mentioned a big pile of trash on a corner.

He is due to appear in Court again on July 11.

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accident sceneTwo more pedestrians died in traffic accidents in NYC at the end of last week. One was hit by a bus and the other one by two cars. A total of 51 pedestrians and cyclists died in traffic accidents since the beginning of the year, an increase of 30% compared to the same period of 2018.

Struck by a reckless driver

On Friday night a pedestrian was killed in Queens. The man whose identity wasn’t revealed, was crossing Sunrise Highway in the crosswalk when he was hit by 62 year old Renford Tait.  The pedestrian fell to the ground and was struck by another car. Both drivers stayed at the scene of the accident. The first driver who failed to yield to the pedestrian while making a turn from Brookville Boulevard onto Sunrise Highway was also unlicensed. He was charged with failure to yield to a pedestrian and failure to exercise due care. The other driver wasn’t charged. The intersection is notoriously dangerous and known for speeding. Last year 126 crashes resulting in 58 people getting injured occurred at the intersection. Read more in Streetblog

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5 people were injured in a New York MTA bush crash. The bus was riding down 58th street and crossing Woodside Avenue in Queens, NYC, when  a speeding Honda that was driving in the same direction blew a red light behind the bus and crashed into the side of the bus.  The impact caused the MTA bus to jump the curb and crash into the storefront of Bagel Plus deli.

At the time of the accident, the bagel store was still closed but two employees were already working inside. The manager, 42 year old Polo Perez, was setting up the coffee station  when the bus crashed into the window. He rushed to turn off the grill and the oven and ran into the back of the store where another man was working. Neither of them were injured in the accident but the storefront was completely destroyed.

It was a miracle that so few people were injured in the bus crash

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location of deadly NYC bus accidentFederal Investigators announced yesterday that the bus accident that killed 3 people in NYC in 2017  might have been caused by a thermos that was dropped between the brake and the gas pedals.  On September 18th 2017 a charter bus operated by Dahlia group sped through a red light and crashed into a MTA bus at the intersection of Main Street and Northern Boulevard in Flushing. The bus speed was 60 mph which was twice the speed limit. The accident caused the death of the charter bus driver, a passenger on the MTA bus and a pedestrian (see previous blog) .

Metallic sound heard on audio tape moments before the accident

The National Transportation Safety Board just released a report stating that the cause of the fatal bus accident was uncertain but a dropped thermos bottle might be a possible explanation. According to the investigation, moments before the accident, the bus was travelling at the authorized speed of 30 mph when a metal rattling noise is heard on the audio recording. Then the driver is heard swearing while at the same time the bus accelerates. Then the bus driver swerved to avoid vehicles and entered the intersection at 60 mph. The investigators believe the driver did not deliberately accelerate to crash his vehicle.

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schoolbus1Reckless drivers who endanger young pedestrians by driving around NYC school buses while the stop sign is on might soon be caught on camera and ticketed.

The proposal by  Councilman Ben Kallos (D-Manhattan) to equip buses with cameras  is coming days after two NYC drivers were seen driving on school sidewalks to avoid school bus traffic. Both cars were caught by surveillance cameras and the police are actively looking for the drivers. However in many other instances impatient New Yorkers are putting the life of children at risk by going around school buses and are never caught by the police. These reckless drivers should be identified and punished so others will think twice before acting recklessly by driving around school buses.  For now drivers who are passing the school buses despite the stop signal only receive a ticket if the police catch them doing it. The ticket is $250. In New York State it is estimated that 50,000 drivers ignore the rule every year.

Motor vehicle accident is the number one cause of fatalities for children therefore drivers must be cautious while driving near school buses or near bus areas

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10 motorists and 7 pedestrians died in NYC traffic accidents in October. No fatalities were recorded among cyclists and vehicle passengers. Truck accidents reached a record high while bus accidents were unusually low for October. Motorcycle accidents started to decline compared to the summer months as the temperature drops and bikers keep their motorcycle in the garage.

The total number of monthly traffic deaths continues to decline despite a rise in the total number of monthly accidents in the city. Traffic injuries continue to rise as well.

Traffic Accidents Injuries and Deaths NYC October 2018
Over the last five years while Vision Zero initiatives focused mostly on making the streets safer for pedestrians and cyclists, distracted driving has led to a significant increase in accidents injuries and fatalities.

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NYC Personal Injury Lawyers Howard Hershenhorn and Diana CarnemollaCongratulations to our partners Howard Hershenhorn and Diana M. A. Carnemolla who obtained an $85 million Verdict for a man who was struck by a red double decker sightseeing tour bus owned and operated by Twin America, LLC, Gray Line Corporation, Gray Line New York Tours, Inc. Coach USA, Citysights LLC, Citysights New York LLC, and Calvin C. Wright, while crossing the street.

The plaintiff who was 54 years old was ran over by a red double decker sightseeing tour bus on July 3rd, 2015.  At the time of the accident, it was a sunny Friday afternoon. He had the walk signal in his favor when a 13 ton double decker sightseeing tour bus attempted to make a left turn from West 4th street onto 6th avenue striking him. He suffered serious injuries.  As a result of the crash  he spent 78 days in the hospital, having 9 operations. He also had two additional operations after he was discharged from the hospital.

Bus Accident NYPD Highway Patrol

$45 million for past pain and suffering and $40 million for future pain and suffering

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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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A MTA bus crashed into a building in Brooklyn, NYC, injuring 6 residents. The accident occurred at the intersection of St Marks and Ralph Avenue in Crown Heights. The driver of the B45 bus was driving East on St Marks Avenue and took a too wide right turn to head South on Ralph Avenue. He struck a mailbox and a dump truck before crashing into a residential building located at the intersection of the two avenues . The bus was empty at the time of the accident but the bus driver as well as 5 other residents of the building sustained minor injuries. Thankfully no one was standing at the bus stop located in front of the building and the apartment that was destroyed by the bus was empty at the time of the accident. The neighbors were at home and the bus only missed them by inches. The Department of Building issued vacate orders for the two apartments next to the crash site.

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