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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Many bus accidents happen because the bus company was negligent or careless. Defective equipment, poorly maintained buses or not properly trained bus drivers put the life of passengers at risk.

All Nation Coach in Staten Island, New York, a high-risk passenger carrier was shut down yesterday by the The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). The bus company was the reincarnation of Tichy Express, Inc. that was shut down last year for multiple violations of federal safety regulations.

This action is the 16th out-of-service order issued by FMCSA since the deployment in April 2013 of more than 50 “Operation Quick Strike” safety investigations targeting high-risk passenger carriers.

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Reducing the number of truck and bus accidents related to driver fatigue is one of the priorities of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

After launching new hours-of-service rules at the begining of the month, Anne S. Ferro, Administrator of the FMCSA joined forces with Lisa Raitt, the Canadian Minister of Transport to announce the launch of the The North American Fatigue Management Program (NAFMP). The NAFMP is a comprehensive interactive program for commercial truck and bus drivers, their spouse and family as well as motor carrier executives and managers, safety managers and trainers, dispatchers and drivers managers, freight shippers and receivers.

The program aims at developing a corporate culture that facilitates reduced driver fatigue and at providing fatigue management education, information on sleep disorders screening and treatment, driver and trip scheduling as well as fatigue management technologies.

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In New York City, some 70,000 motor vehicle crashes are reported every year and among them 250 are fatal crashes, 3000 crashes lead to serious personal injury . 10,000 crashes involved pedestrians struck by a car or another vehicle such as a bus or a truck.

Slow%20Zone.jpgIn order to reduce the frequency and the severity of these crashes the New York City Department of Transport has been running a Community based Neighborhood Slow Zone Program. Last year a dozen neighborhoods in the city had their application accepted and a speed limit of 20 mph with signage, gateways as well as speed bumps is being implemented this year. New Applications can now be filed by communities until the end of this month.

Many cities in Europe are already running this type of program. In London Slow Zone program saw a reduction a more that 40 % of fatal and severe injury crashes and the average speed in theses area will now be reduced to 9 mph. In the Netherlands crashes dropped by 25% in slow zones and in Barcelona by 27%. Similar results are expected in New York City’s newly created Slow Zones.

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Car accidents as well as truck and bus accidents, are a common cause of cervical disc herniation especially those during which an abrupt change of speed ocurrs. Seat belts and airbags in cars are designed to prevent this type of personal injury. During a vehicle collision, the weight of the head being moved quickly or violently forward and/or backward produces tremendous pressure on the cervical vertebrae (neck) and can cause the disc to bulge or herniate.

Basically each intervertebral disc has two parts, the annulus fibrosus and the nucleus pulposus. The annulus fibrosus is made up of layers of fibrous tissue. It surrounds the nucleus pulposus and serves as a retaining sheath of dense fibrous tissue which keep the nucleus under pressure. The nucleus pulposus which is retained within the annulus fibrosus has a mucoid character and consistency similar to grissle and acts like a fluid. Herniation occurs when the nucleus pulposus protrudes or ruptures through the surrounding annulus fibrosus.

In this video, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo, explains what a disc herniation is and how it affects other parts of the upper body.

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In New York, as a result of traumatic brain injuries 385 people per day visit emergency rooms or are hospitalized as inpatients. 140,000 New Yorkers are injured every year, that’s 3 times the capacity of Yankees Stadium!

The main cause of traumatic brain injuries are falls and motor vehicle accidents, mostly car accidents but motorcycle accidents as well as bus and truck accidents are also a common cause of traumatic brain injuries. Assault is the third cause of TBI in New York. Other leading causes of brain injuries include bicycle accidents, pedestrian accidents or people struck by or against type of accidents.

Here are some findings based on the most recent statistics from the New York State Department of Health Department

– New Yorkers above 65 year old are the most at risk to fall and be hospitalized for a traumatic brain injury.

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In Vasquez v. County of Nassau, 2012 NY Slip Op 00508 decided on January 24, 2012 The New York Appellate Division 2d Department affirmed a jury verdict of $3,025,000.00. The case was tried by our partner Howard Hershenhorn in Nassau County Supreme Court. Our partners, Rhonda Kay and Richard Steigman handled the appeal.

On Oct. 18, 2003, plaintiff’s decedent Maria Araujo, 34, was crossing Washington Street, at the corner of Jackson Street, in Hempstead. She was carrying her 3-year-old son, plaintiff Fernando Araujo. Glory Upke was driving a sport utility vehicle north on Washington Street, and a public bus, driven by William Malloy, was traveling on the westbound side of Jackson Street. The bus struck the right rear quarter panel of Upke’s vehicle. Upke’s vehicle spun in a counterclockwise direction and struck and killed Maria Araujo. Fernando was also hurt. The Appellate Division set forth the facts of the accident as follows;

“This case stems from an accident involving multiple vehicles and two pedestrians at the intersection of Jackson Street and Washington Street in Hempstead, which was governed by traffic light signals. The decedent was carrying the infant plaintiff, her three-year-old disabled son with Down Syndrome. As the decedent crossed Jackson Street on the north side of the intersection in the crosswalk, she was struck by a vehicle operated by the defendant Glory E. Upke, after that vehicle was struck by a bus operated by the defendant William Malloy and owned by the defendant Metropolitan Suburban Bus Authority. The force of the impact propelled the decedent into the air and caused her to let go of the infant plaintiff. Prior to the accident, the bus was traveling in a westerly direction on Jackson Street, and the Upke vehicle was traveling in a northerly direction on Washington Street.

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busOur partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the accident was her fault asserting that she had not crossed in the crosswalk and that she failed to pay attention to the traffic conditions. The injured victim asserted that the bus driver failed to keep a reasonable and proper lookout failing to pay proper attention and in failing to avoid the pedestrian. As a result of the impact the woman suffered a degloving injury to her knee and pelvic fractures.

Rubinowitz, who recently won a $27.5 million verdict for another client struck by a bus said: “This successful result was part of a team effort. Howard Hershenhorn, Diana Carnemolla and Peter Saghir also worked timelessly for our client.” Rubinowitz continued: “We have the ability to secure the very best results for our clients because of two main reasons: We work harder and put in more effort than any other law firm.”

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has had remarkable results for its clients in car accident, construction, premises liability, civil rights and medical malpractice cases. Ten of its lawyers have been listed in Best Lawyers and Super Lawyers.

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The following is an extract from a report in The National Edition of Verdict Search, Vol. 8 Issue 6, June 2009.

Our Partner, Ben B. Rubinowitz represented the plaintiffs, Gloria Aguilar and Aristides Aguilar.

On Nov. 4, 2005, plaintiff Gloria Aguilar, 45, a homemaker and part-time housecleaner, was struck by a New York City Transit Authority bus. The incident occurred on West 50th Street, alongside its intersection at 10th Avenue, in Manhattan. Aguilar sustained injuries of her arms, head, legs and torso. Aguilar sued the bus’s driver, Andrew Monaco, and the bus’s operator, the New York City Transit Authority. Aguilar alleged that Monaco was negligent in his operation of the bus. She further alleged that the New York City Transit Authority was vicariously liable for Monaco’s actions.

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Following a six week trial in New York Supreme Court before Judge Paul Feinman, our Partner, Ben B. Rubinowitz obtained a jury verdict of $27,500,000.00.

The plaintiff, Gloria Aguilar, was a 45 year old woman, returning from work. As she was crossing 50th St at 10th Ave, a New York City Transit Authority bus made a right turn into her. The bus knocked her down and then ran over her left leg. Although the leg was attached “by a thread”, the doctors at Bellevue Hospital were unable to perform microsurgery due to the crush injuries from the 40,000 pound bus. Ms Aguilar underwent multiple surgeries and eventually had an above-the-knee amputation.

The defendant Transit Authority claimed that Ms Aguilar was outside of the crosswalk at the time she was struck, that she failed to look and walked into the side of the Bus.