Drunk Driving Accidents

Published on: August 25, 2014

5 people injured including a newborn baby and a pedestrian in an accident during which a drunk driver crashed into another car in Harlem, NYC

Daniel Rodriguez was drunk when he crashed his van into another car occupied by a 9 day old baby girl, her dad and a friend. The impact was so strong that the car jumped the curb injuring a pedestrian. After the crash the car started to smoke. A 60 year old man who witnessed the accident was able to run to the car, remove the baby from her seat and take her to safety. The driver of the van, the pedestrian and the passengers of the car including the newborn suffered personal injury and were taken to the hospital to be treated. The accident happened Friday night at 7:30 pm at the corner of 145th Street and Powell Blvd in Harlem, New York.Read more in the New York Daily News.

Published on: August 18, 2014

32 year old woman dies in Brooklyn car accident involving two drunk drivers

By GGCRBHS&M

A young woman was killed in a car accident between two drunk drivers on Eastern Parkway, Brooklyn, NYC Sunday around 4:00 am. Michelle Migmot was sitting in the back seat of a car driven by 32 year old Herbert Gerrard and another 32 year old woman who suffered minor injuries was sitting in the front passenger seat. As they were turning left onto Troye Ave another car driven by 32 year old Richard Roman Santos crashed into them. Both drivers were arrested and charged with vehicular manslaughter and drunk driving. Additionally Gerrard was charged with driving with a suspended license. Michelle Migmot lived two streets away from the location of the crash. Read more in the New York Daily News.

Eastern Parkway is a dangerous corridor where many car crashes happened previously. It was recently turned into a “Slow Zone” and the authorized speed was reduced to 25 mph as part of the Zero Vision Initiative to reduce traffic fatalities and personal injuries in New York City.

NYC%20Crashmapper%20Eastern%20Parkway.jpg
Picture source: NYC Crashmapper Car crashes statistics between August 2011 and February 2014

Published on: March 31, 2014

Only 90 days in jail for a hit and run driver who was drunk and had smoked marijuana when he struck a 23 year old pedestrian causing his death in the Bronx, NYC

By GGCRBHS&M

Seth Johnson was drunk and high on marijuana when he struck and killed 23 year old Thomas Riley, a pedestrian who was hailing a cab on the side of Fordham Road in the Bronx, NYC in 2011. He was initially charged with drunk driving, leaving the scene of an accident and criminally negligent homicide but a jury acquitted him of all charges except drunk driving for which he will receive 90 days in jail with 3 years probation.

Two pedestrians injured after being struck by a drunk fireman in the Bronx, NY

By GGCRBHS&M

Sean Farrell was drunk when he struck two pedestrians in a crosswalk with his car yesterday night in the Bronx, NY. The police determined that Farrell, a city firefighter was drunk as he refused to take a breathalyzer test. Farell was charged with an elevated DWI charge because it is the second time in less than 10 years that he has been caught while driving while intoxicated.

To prevent potential car accidents two drivers stop and trap a drunk driver

By GGCRBHS&M

A drunk driver who clipped a tractor trailer truck on a New York Highway and continued on his way after the accident was followed by three concerned drivers who were able to stop and trap him until the police arrived. The good Samaritans said they were concerned that the intoxicated man would cause another car accident and kill innocent drivers.

Car accident nyc: 32 year old mother of twin toddlers killed by drunk driver while crossing dangerous intersection in the Bronx

By GGCRBHS&M

32 year old Nydja Herring died in a drunk driving car accident in NYC this weekend. The accident happened Saturday at 5.30 pm as the mother of the 2 year old twins had just stepped out to run errands for the toddlers at a store nearby. Nydja was crossing the street at the intersection of East Tremont Ave and Van Nest Ave in the Bronx when a drunk driver, 28 year old Augustus Jenkin plowed into her. Jenkins was driving with a suspended license and had 3 passengers in in the car including two children 4 and 10 years old.

Published on: January 10, 2014

Drunk Driving: In its “report to the Nation” Mothers Against Drunk Driving (MADD) gives 4 stars out of 5 to the State of New York

By GGCRBHS&M

Mother Against Drunk Driving (MADD) is one of the most powerful non profit organizations against drunk driving. MADD was created in 1980 by Candice Lightner after her 13 year old daughter was killed by a drunken hit and run driver. Since its inception the number of wrongful deaths related to drunk driving car accidents has been cut by half. The organization just released its Campaign to Eliminate Drunk Driving: 2014 Report to the Nation which describes MADD’s advocacy work since the Campaign to Eliminate Drunk Driving was launched in 2006. The report looks at the efforts that each State made to fight drunk driving and gave them a ranking of 0 to 5 stars based on the following measures and reforms:

Ignition Interlocks
Sobriety Checkpoints
Administrative License Revocation
Child Endangerments
No-Refusal Events

New York received a star for each of the 4 first points but the legislature still needs to pass the no-refusal legislation for the State to get its Five stars.

Published on: May 1, 2013

Ben Rubinowitz to head the National Institute for Trial Advocacy’s National Session

By GGCRBHS&M

Our managing partner, Ben Rubinowitz and the Hon. Nancy Vaidik (Indianapolis, IN) will be the directors of the NITA’s National Session at the NITA Education Center in Boulder, CO from July 24th to August 1st, 2013.

The National Institute for Trial Advocacy is a world leader in advocacy skills training and publication. The National Session is its most prestigious and longest running program. NITA’s National Session is a life-changing experience for the attorneys who have attended for the last 41 years and this year’s program is no exception. Ben Rubinowitz and the Hon. Nancy Vaidik (Indianapolis, IN) have developed this year’s program schedule to include dedicated drill rooms, motion training, focus groups, and jury selection.

To learn more or register click here.

Published on: June 8, 2011

$8 Million Settlement In Wrongful Death Drunk Driver Case

By GGCRBHS&M

**$8 Million Settlement In Wrongful Death Case**

In July, 2007 a drunk driver took the life of a 23 year old woman. That woman was the mother of a 4 year old child. That child’s life was forever changed by the reckless and negligent conduct and actions of the drunk driver. Although the child’s life will never be the same – – the family of that young child sought expert representation from highly skilled lawyers to prosecute a civil claim for the wrongful death of the mother and to protect the interests and rights of her little child.

This past week Ben Rubinowitz and Diana Carnemolla successfully resolved this claim after more than 3 years of litigation for one of the highest awards ever for this type of case – – 8 million dollars. The claim stemmed from the reckless and negligent actions of a drunk driver when he drove drunk and collided head-on with a car driven by a 23 year old woman. The mother was killed in the accident but her young child, who was a belted back seat passenger in her car, survived.

The claim was brought under a number of legal theories which included the Wrongful Death of a mother, her Conscious Pain and Suffering for the few minutes that she lived following the impact, the Zone of Danger Damages suffered by both this mother/driver before she died and the Zone of Danger Damages suffered by the young child in witnessing her mother’s death.

“This was a horrible tragedy of unimaginable proportions” said Ben Rubinowitz who also explained that “while no amount of money can ever compensate a young child for the loss of her mother, we know that the law does provide for compensation in this instance, as it should. Our goal was to maximize the recovery for this young child.” Diana Carnemolla, who worked tirelessly in prosecuting this case with Rubinowitz stated, “This is the largest award ever made for this type of claim. Although we are terribly saddened by the loss of a young child’s mother, we are delighted that we were able to secure this large award to provide for this child’s future.”

Both Rubinowitz and Carnemolla are partners of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, a firm that specializes in all aspects of Personal Injury Claims including Wrongful Death, Drunk Driving accidents, Car, Bus and Train accidents, construction accidents, Premises accidents, Civil Rights violations, Products Liability cases and Medical Malpractice cases.