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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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.

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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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scene of the fatal hit and run accidentA pedestrian died from her injuries after being struck by a taxi driver who tried to flee the scene of the accident but was shortly after arrested by the police. 26 year old Sherena Hundalani was walking on the sidewalk of Queens Boulevard near 63rd Road next to a gas station when she was struck by a green taxi. It was not exactly clear if the driver pulled in the station to get some gas or to cut across. Witnesses saw him driving through the station and turning left onto the Queens Boulevard service road where he slammed into Sherena.

Good Samaritan stopped the reckless driver

A young man going by the name of Bolat told the News that he was at the scene of  the accident with his wife and kid and that he witnessed the taxi driver behaving erratically. The taxi almost drove into him and his family before abruptly turning on the service road slamming into Sherena. Then the driver tried to leave the scene of the accident and drove the wrong way in the middle lane of the road before pulling over. After he pulled over Bolat opened the front door of the taxi and took out the key. Then the police arrived and brought  the driver to the station. He was released later on at night. So far the man hasn’t charged and the police indicated that they were still investigating the accident.

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NYC pedestrian safety action planHalf of NYC fatal pedestrian accidents occur on 7% or 424 miles of the city’s streets. These specific streets are going to be the main focus of the new Borough Pedestrian Safety Action Plans that were just released by the DOT yesterday. Mayor de Blasio announced that by the end of this year specific streets and avenues will undergo design changes to protect pedestrians from being killed in traffic.  The following priority corridors were identified for safety modifications:

  • Westchester Avenue, Boston Road and Soundview Avenue in the Bronx
  • Linden Boulevard, 8th Avenue, Surf Avenue and Bedford Avenue in Brooklyn
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New-York-School-Zone-Speed-CameraSpeed cameras have proven their efficiency in reducing car accidents as well as  pedestrian injuries and deaths. As part of the Vision Zero Program, 140 speed cameras were installed nearby schools all over the city. The installation of the cameras led to a decline of 63% of  speeding in school zones and pedestrian injuries decreased by 23%.

Based on this successful record the city asked the NY Senate for more cameras but New York State Senators refused to vote on a bill to continue the program and increase the number of cameras in NYC school zones to 290. As a result, all the 140 cameras were shut off in the middle of last summer.

After that episode, the Mayor signed a new city bill at the beginning of September to not only preserve but also expand the use of speed cameras in school zones. In order for the bill to become law, Cuomo declared a state of emergency and so far has been renewing the emergency order every month. The bill provided no cap on the number of speed cameras that the city was permitted to deploy.  The result of a collaborative effort between City Council Speaker Corey Johnson and Transportation Committee Chair Ydanis Rodriguez, the bill can only expire after the state legislature passes a “photo speed violation monitoring program in the City of New York that is identical to, substantially similar to or more expansive in scope than the program that would result from the enactment of A. 7798-C, as passed by the New York state assembly on June 18, 2018.”

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Pickup truck accident locationA pedestrian was fatally struck by a pick up truck in New York City last Friday around 5 pm.  51 year old Jose Rubi was crossing Maspeth Avenue in Bushwick when he was hit by a 46 year old man driving a 2015 Ford pick up. The driver stayed at the scene of the accident and wasn’t charged. According to the police, the driver was attempting to make a left turn onto Vandervoort Ave when he struck Rubi. He told the police that he didn’t see the victim.

The police blamed the victim for crossing “mid block”. However it is unclear how the police could determine that the pedestrian was crossing mid-block while the driver testified that that the accident occurred as he was making a left turn at the intersection.

After the accident, the pedestrian was rushed to a nearby hospital but he didn’t survive his injuries.

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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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hit and run location
3 pedestrians died in car accidents in New York this week-end.

Staten Island Pedestrian killed in Brooklyn

65 year old Losif Morgenshteyn was fatally struck by a hit and run driver as he was changing a flat tire on the driver side of his car. The accident occurred on Saturday night around 6:30 pm. on Shore Parkway near East 28th Street in Sheepshead Bay. According to CBS News, the man was hit by a white Toyota minivan with Pennsylvania plates. 3 people came out of the van and checked on the condition of the pedestrian before speeding away. The van was found empty about a mile away and the police are still looking for the driver. When the EMS arrived they gave the man CPR and then rushed him to the hospital. Unfortunately he couldn’t be saved and he was pronounced dead upon his arrival.