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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Location of the fatal truck accidentA pedestrian was fatally struck by a USPS truck in New York City. The accident occurred on Friday around 5:00 pm in Brooklyn.  52 year old Charles McClean was crossing MacDougal Street at Howard Avenue in Bedforsd-Suyvesant when a USPS truck stopped in the crosswalk. As the pedestrian walked in front of the truck, the driver started  to move forward and struck the pedestrian. The pedestrian fell underneath the truck and was dragged across the the street by the truck to the next crosswalk. Charles McClean was rushed to the hospital with severe injuries but he couldn’t be saved. He leaves behind him 2 twin 10-year-old daughters.  Just before the accident, McClean mother’s sent him to the store to get lottery tickets. He never came back. The mother, 72-year-old Shirley McClean previously lost two other of her eight sons. One died from gun violence and the other one from a medical infection.

USPS drivers above the law

The USPS driver remained at the scene of the accident, so far he hasn’t been charged. One of the surviving brothers, Gregory Mclean told Streetblog that the intersection wasn’t safe because most drivers only looked to their left for oncoming cars but din’t look at their right for oncoming pedestrians. He also said that postal workers in the neighborhood were reckless drivers always rushing to clock out  and accused the young postal driver wo killed his brother of homicide. Another brother, Arkim, mentioned that USPS trucks didn’t have license plates therefore they couldn’t get ticketed by the police. No tickets means no accountability, he said.

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toddler killed by van locationA toddler was fatally struck by a van in New York City. The pedestrian accident occured yesterday around 12:45 pm in Bath Beach, Brooklyn, NYC. The van which was delivering candies and had Kittles and Starbust logos on it, was making a turn from Bay 25th street onto Benson Avenue when he ran over the 3-year-old Emur Shavkator who was riding a small green scooter. The boy was with his mom and another child. His mother was frantically trying to pull him from underneath the van. When the EMS arrived the boy was unconscious. He was rushed to the hospital where he was pronounced dead.

The van driver wasn’t exercising due care and killed the young pedestrian

The driver of the van, 61 year old Johnny Gonzalez of Bensonhurst, stayed at the scene of the accident. He was arrested and charged with failure to yield to a pedestrian and failure to exercise due care. There is a stop sign just before the sidewalk where the van struck the young boy. However according to a crossing guard working nearby who spoke with the Brooklyn Daily Eagle, many drivers in the area are behaving dangerously. “I see drivers do stupid things here all the time. They race by me, they run lights, stop signs and sometimes I try to get their license plates, but it happens so fast,” she said. “I hope we can find a way for people to just slow down.” Residents also confirmed that drivers were constantly blowing the stop sign on Bay 25th Street.

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West 57th street between 5th and 6rth AveA pedestrian suffered a traumatic brain injury  after being struck by a cyclist in Manhattan last week. 67 year old Dona Sturm just had lunch and she was crossing west 57th Street between Fifth and Sixth Avenues around 1pm when the accident occurred. As Dona was in the crosswalk, a cyclist blew the red light and collided with her. The impact was so intense that both of them fell on the ground. The cyclist was ok but the woman was lying on the ground with a bleeding skull fracture. She was rushed to the hospital and was diagnosed with traumatic brain injury. She is now in stable condition according to her husband.

The cyclist, 40 year old Damian Dewart stayed at the scene of the accident. He told the police that his brakes were not working proprely. The police gave him a ticket for a red light violation. In the days following the accident, the police were seen cracking down on cyclists in the area. 57th street is a very busy street in Midtown Manhattan and people working in the area have been complaining about cyclists zipping dangerously between pedestrians.

In a statement the employer of Dona Sturm wrote : “All of us who live or work in New York City do so at our peril because of bike riders speeding through intersections and often going against traffic on one-way streets. Bicycles should have a license plate to create accountability for the riders. We pray that Donna will fully recover from this tragedy.”

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6 cyclists, 27 pedestrians, 5 passengers and 9 motorists died in NYC traffic accidents during the first 3 months of 2019 compared to 1 cyclist, 26 pedestrians, 2 passengers and 13 motorists for the same period of 2018.  A total of 47 people died in motor vehicle accidents in New York during this first trimester, 5 more than during last year’s first trimester. The number of traffic deaths significantly decreased between the first trimester of 2013 and the first trimester of 2014, reached its lowest in 2015 at 40 and then oscillated between 40 and 50 for the last 4 years with no further improvement.Fatal Auto Accident New York City First Trimester 2019

12,997 people were injured in auto accidents in New York City during the first 3 months of 2019 compared to respectively 12,920, 12,608, 11,936, 10,069, 10,805 and 11,676 during the first trimester of 2018, 2017, 2016, 2015, 2014 and 2013. This is a record number of motor vehicle accident injuries for the first trimester. Except for pedestrian injuries which were at their second lowest level since Vision Zero started all other road users recorded a significant increase of injuries during the first trimester of 2019 compared to the same period of 2018 with motorist injuries at a record high.

Total Motor Vehicle Accident Injuries NYC First Trimester 2019
The most alarming data this first trimester was the death of 6 cyclists. This number has never been so high in the past. After an uptick to 4 during the first trimester of 2016 the number of deaths related to bicycle accidents in NYC went down to 2 and 1 during the same period of 2017 and 2018. Last year during the entire year, 9 cyclists died in traffic accidents which was a record low. However the first trimester deaths are an indication that the city can’t relax its efforts to improve protection for the growing number of people commuting by bikes in the city.

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A terrifying video surveillance footage showing a speeding car striking a young pedestrian in the crosswalk in New York City was released by the police in the hope of finding the car driver.

The video shows a Dodge Challenger racing down 47th Street, a residential street in Borough Park, and hitting 14 year old Xin Yi Wang at full speed sending her flying across Ninth Ave. The pedestrian who was in the crosswalk and had the right of way at the time of the accident was almost hit by another vehicle after she landed on Ninth Avenue . The driver of the car, a white woman in her 30/40ies, stopped the car and stepped out of it to check on the victim. She asked her if she could bring her back home and the victim refused. Then a witness called 911 and the driver left the scene of the accident.

Amazingly Xin Yi Wang survived the crash and only suffered bruises to her torso and legs as well as a big bump on her head.

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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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Location of the hit and run truck accidentA pedestrian was fatally struck by a truck in New York City on Wednesday morning and the driver fled the scene of the accident. The accident occurred a little bit before 5:00 am at the dangerous intersection of Flatbush Ave and Nostrand Ave in Brooklyn.
67 year old Linda Douglas was in the crosswalk on Flatbush Ave when a flatbed tractor trailer that was traveling northbound on Flatbush hit her. The truck driver never stooped leaving the victim dying in the street. Lina was a nursing assistant in Harlem and she was commuting to work when the accident occurred. She was living with her husband John Douglas in East Brooklyn.  Originally from Aruba, the couple had moved to the US in 1970. Linda was a few weeks away from retirement. Her husband was devastated. “Linda was the most beautiful, giving, loving person I’ve ever met in this world,” Douglas said to the Gothamist.
During the day, the police released the footage of a surveillance camera showing the truck hoping that someone could provide information. They finally located the driver on Wednesday night. His identity wasn’t released. The police said they questioned the man and released him a few hours later without charging him after he told the police he didn’t know that he hit the victim. John Douglas whom the police called around midnight to announce that they found the driver, couldn’t believe that the driver was able to walk away that easily after he had killed his wife.
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141street-and-AmsterdamA pedestrian was killed by a hit and run driver in New York on Friday. 26 year old Erica Imbasciani was fatally pinned against a parked car by a speeding hit and run driver on 141st Street and Amsterdam on Friday night. The driver was caught by the police and identified as 27 year old Tyrik Cooper.  The police alleged the driver was on drugs and he was slapped with numerous charges including driving without a license, leaving the scene of an accident and vehicular manslaughter.  The young female pedestrian suffered massive head and body trauma. She was rushed to the hospital but didn’t survive.

Community Board  opposed Vision Zero  street safety redesign

The accident occurred in an area that had been targeted by Vision Zero for a safety street redesign as early as March 2017 that had been opposed by the community board. On March 2017, the DOT presented a proposal to the Community Board 9 to eliminate one through lane in both directions and add an unprotected bike lane as well as other traffic calming measures such as left turn treatments and pedestrian islands on Amsterdam Avenue between 113rd Street and 162nd Street. The street redesign was proposed after statistics indicated that the area was particularly prone to speeding and reckless driving. Four pedestrians were killed and 28 of them were injured on this street segment between 2010 and 2014. An additional 8 people were  also injured in bicycle accidents during the same time and in the same area.

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accident sceneThe driver who fatally struck an 85 year old woman in Brooklyn, NYC, last Wednesday had previously received 10 tickets for speeding in a school zone and two for running red lights. The police haven’t filed any charges against the driver. The daughter is furious and wants the driver charged. She believes that a bill such as the “Reckless Driver Accountability Act” proposed by Brooklyn Councilman Brad Lander would help stop reckless driving in New York and could have prevented the death of her mother. The bill was proposed last year by Councilman Brad Lander after a reckless driver killed Abigail Blumenstein and Joshua Lew in Park Slope. Stella Clinton was backed over by the reckless driver as she was walking home from her Brooklyn parish church after an Ash Wednesday service. The accident occurred on Avenue S near Brown Street, in Marine Park, Brooklyn.

Read more in the NY Daily News

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19 people died in 167,686 NYC motor vehicle accidents in January 2019 . More than half of the fatalities were pedestrians. 3 of the fatalities were cyclists, 3 were passengers and 3 others died behind the wheel. This number compared to 20 fatalities in December and respectively 11, 18, 17, 13, 21 and 28 in January 2018, 2017, 2016, 2015, 2014 and 2013.  This is the highest amount of traffic deaths for a month of January in 5 years. (click on graphs for full size view)

Car accident deaths NYC January 2019
For the third consecutive years NYC auto accident injuries in January stayed above 4,000. 4,347 people were injured in motor vehicle accidents in New York City in January compared to 5,361 in December 2017 and respectively 4,351, 4,383, 3,624, 3,449, 3,899 and 3,993 in January 2018, 2017, 2016, 2015, 2014 and 2013.

Auto Accident Injuries NYC January 2019
Pedestrian fatalities increased by more than 40% in January 2019 compared to January 2018. However the number of pedestrian fatalities was still half what it was before Vision Zero started. 10 pedestrians died in traffic accidents in New York City in January 2019 compared to 7 in January 2018 and 20 in January 2013. A month before in December 2018, 16 pedestrian died in traffic fatalities. The period covering October November December and January is the most dangerous for pedestrians  because the sun goes down a little bit after 4 pm and pedestrians become less visible by motorists during the rush hours.  The city is running preventive campaigns to raise awareness about this problem.  It looks like the campaign was more effective last year than this year as monthly pedestrian injuries never went above 10 during the entire period of October November December and January. This year, except for October monthly pedestrian fatalities were back above 10 during the fall and winter months.