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 Pedestrian Accidents

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10th ave and west 42nd streetA pedestrian was injured after being ran over by a NYPD tow truck last Thursday around noon at the intersection of 42nd Street and 10th Ave. The elderly man was walking with a cane in the middle of the crosswalk on 42nd street when he was run over by a NYPD tow truck that was making a left turn from 10th Avenue onto 42nd Street. The pedestrian had the green light.

According to witnesses, the driver of the tow truck wasn’t paying attention to the road and didn’t yield to pedestrians. She made a very sharp turn while there were still people in the crosswalk and she didn’t even realize that she hit someone. A witness told the Gothamist “she was driving like crazy”.

After pedestrians screamed at her, the tow truck driver stopped near the scene of the accident but never left the truck to check on the unconscious man. She remained inside the truck while she was questioned by traffic supervisors.

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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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Speed camera prevent injuries and deathsA speed camera program that was installed in 2014  in New York City school zones to reduce pedestrian accidents was shut down. Cameras were turned off yesterday in 120 school zones around the city and by the end of August 20 other school zones will see their speed cameras turned off as well.

Despite heavy campaigning by New York City mayor Bill de Blasio and NY Governor Andrew Cuomo not only to keep the school camera program alive but also to add additional cameras in the city, lawmakers in Albany failed to call a vote to renew the program.

Since they have been installed in 2014, the speed cameras have clearly demonstrated that they protect pedestrians and especially children from being injured or dying in car accidents in New York City school zones. Statistics indicate that in school areas where cameras were installed speeding decreased by 63% and fatalities by 55% between 2014 and 2016.

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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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Laundromat dangerous parkingA young pedestrian was killed and her mother was injured in a car accident in Brooklyn, NYC, on Sunday afternoon.

A 4 year-old girl was riding her mini scooter on the sidewalk of Wyckoff Ave near Hart Street while her mother was walking close by. At one point the little girl lost a shoe.  She picked it up, then the mother bent to help her. As the mother was helping her daughter, a car parked at a laundromat just next to them backed up, hit them both and continued on its way. The little girl died at the scene of the accident. Her mother survived but was injured.

The car driver and two passengers were stopped by the police two blocks away. It is not clear if the driver realized than she ran over the mother and her daughter. Residents have been complaining for a long time about the dangerous parking lot of the laundromat. In order to park or to leave the parking space, drivers have to cross the sidewalk.

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Staten Island Pedestrian accident locationA pedestrian died in New York City on Sunday morning. He was hit by a drunk driver around 4:40 am. 32 year old David Bloomer, a father of four, was crossing Tompkins Ave at Broad St. in Stapleton, Staten Island, NYC when he was struck by a car. The driver tried to speed off but one of David’s cousins rallied a group of people to run after him. They were able to catch him a block away from the accident. The driver, identified as 25 year old, John Rudder was allegedly drunk.

During the accident, Rudder hit Bloomer so violently that the pedestrian went flying into the air and crashed through the windshield of a jeep that was parked nearby. The firefighters had to remove the roof of the jeep to try to save him. Unfortunately Bloomer died at the scene of the accident.

Bloomer left behind him 2 children, 17 year old Charlie Perez, 8 year old Mikayla Papon and 2 stepdaughters, 14 year old and 6 year old Yolanda and Dakota Makins.  He was a DJ and a beloved member of the Stapleton Community.

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New York Personal Injury Peter SagirCongratulations to our partner NYC car accident lawyer Peter J. Saghir who obtained a verdict in Queens in a difficult liability case involving a pedestrian who was struck by a car at 42nd Street and 12th Avenue in Manhattan.

The trial was bifurcated and the defendant denied all liability and faulted the plaintiff for the happening of the accident. The driver claimed that the plaintiff was running across the street outside of the crosswalk to catch a bus at the time of the accident while the plaintiff maintained she was walking across 42nd Street in the crosswalk with the light in her favor. Geico, who insured the driver, refused to tender the full policy prior to trial.

After summations and 25 minutes of deliberation, the jury of 3 men and 3 women returned a unanimous verdict finding the driver was 100% negligent and the plaintiff completely free from fault. After the verdict, Geico tendered the full policy and the driver made a substantial personal contribution.

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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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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.

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location of the fatal pedestrian accident BK NYCOn March 5th, Ruthie Ann Blumenstein was crossing the road with Abigail, her 5 year old daughter when a reckless driver struck them (see our previous blog). Abigail died at the scene of the accident and her mother suffered serious injury. At the time of the accident she was 39 weeks pregnant with Sophia Rosemary Wong Blumenstein. On Wednesday our managing partner, Ben Rubinowitz who represents Mrs Blumenstein announced that sadly her unborn child had died from the injuries suffered during the crash. “The pain suffered by Ruthie and Jonathan is nearly impossible to fathom,” Mr. Rubinowitz said. “As you might imagine, they are overwhelmed by the sadness of the deaths of their children.”

Ruthie Ann Blumenstein is a Tony-Waward winning actress. The actress and her daughter Abigail were among a group of pedestrians who were crossing the intersection of Fifth Ave and 9th street in Park Slope, Brooklyn, when Dorothy Burns ran a red light and erratically plowed into them.  Abigail and 20 month old Joshua Lew died at the scene of the accident. Several pedestrians were injured including the pregnant Ruthie Ann Blumenstein.

Dorthy Burns was recently indicted by a Grand Jury and was charged with manslaughter, assault and criminally negligent homicide (see previous blog).  Burns suffers from multiple sclerosis. Prior to the fatal accident she received 12 driving violations for speeding in school zones and running red lights. Her license is now suspended. It is outrageous that she was still allowed to drive at the time of the accident.