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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A pedestrian was fatally struck by a sanitation truck in New York yesterday morning around 6:00 am. The pedestrian, a 55 year old woman had the right of way. She was crossing First Avenue in the crosswalk with the walk sign on when she was struck by a sanitation truck driver who was making a left turn from 92nd Street onto First Ave. After the accident the police indicated that the victim was injured but conscious. She had a deep cut on her forehead and she also complained of leg and wrist pain. She was taken to the hospital where she was pronounced dead 20 minutes later.  She may have suffered fatal internal bleeding.

The driver of the sanitation truck stayed at the scene of the accident. So far he hasn’t been arrested or charged. Under the Right of Way Law, New York drivers injure or kill a pedestrian who has the right of way can be criminally charged.

MTS rampResidents of Yorkville had long predicted that such an accident would happened when in 2014 they tried to oppose the construction of the East 91st Street Marine Transfer Station, a massive garbage site visited by hundreds of garbage trucks every day.

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Vision Zero mapA pedestrian was fatally struck by a van in NYC on Thursday. The accident happened at the intersection of Jerome Avenue and Shakespeare Avenue in the Bronx. The man was crossing the street where the two avenues make a V shape when he was hit by the van. The driver of the van, Danny Telpha, a Bronx plumber, sstayed at the scene of the accident. He said that he never saw the victim. Read more in the NY Daily News

A look at the Vision Zero map, shows that residents have reported speeding and aggressive driving at this intersection.

 

 

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In New York State, 142 bicyclists and 925 pedestrians died in accidents during the 3-year period of 2011, 2012 and 2013 according to the recently released  Alliance for Biking and Walking 2016 Benchmarking Report. The number of bicyclists and pedestrian fatalities increased compared to the 3-year period of 2008, 2009 and 2010. This doesn’t mean however that the streets and the roads in New York are getting more dangerous for pedestrians and bicyclists. A study of the bicyclist fatality rates between 2005 and 2013 shows that the bicyclist fatality rate over the 3-year period of 2005, 2006, 2007 was 13 fatalities per 10K biking commuters compared to 9 on average for the 3-year periods of 2008-2010 and 2011-2013. For New York pedestrians the sames rates were respectively 6, 5 and 5.

Even though these rates indicate that the roads of New York have gotten slightly safer, New York State’s bicyclist fatalities as a percentage of all traffic fatalities is 3% which is the second highest rate of all states in the US behind Florida with 4%. Looking at the pedestrian fatality rate as a percentage of all traffic fatalities, New York has the highest rate of all states in the US with 24%  (click on graph below to see them in a larger size)

bicyclist fatality by state
pedestrian fatality by states
Looking at selected demographics, data shows that in New York State from 2005 to 2013 an average  31% of bicyclists killed in bicycle accidents were Hispanic, 11% were seniors (over age 65) and 15% were youth (under age 16).

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There are usually less personal injuries and deaths related to motor vehicle accidents in New York City during the month of January than during most other months. This January there were 17,798 traffic accidents compared to 15,977 in January 2015, 16,597 in January 2014 and 15,599. Even though motor vehicle accidents decreased from January 2014 to 2015 the number of monthly accidents has been on an increasing trend. It is the first time that the number of traffic accidents is above 17,000 for the month of January.

Traffic Accidents NYC January 2016
Despite an increasing number of traffic accidents the number of injuries and deaths related to theses accidents have decreased. This is hopefully related to the introduction of various initiatives to make the streets safer launched under the NYC Vision Zero project. As motorists are driving slower and in a safer way, accidents still happen but less road users are injured or die.

3,624 people were injured in a traffic crash in New York this past January.  This is more than in January 2015 (2,449) but less than in January 2014 (3,899) and in January 2013 (3,993).  Globally over the last 3 years the monthly number of people injured in NYC auto accidents has been decreasing. However during the last few months, the number of injuries have been picking up again. For example, In December 2015 there were 4,519 people injured in auto accidents in NYC compared to 4,117 in December 2014 and 4,277 in December 2013. It was the first time that the number of injuries related to traffic accidents in NYC was above the trend line in December.

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A 77 year old woman died after being hit by a car in New York. The pedestrian accident occurred at the intersection of Madison Avenue and 36th Street around 8:30 am on Monday morning.  77 year old Carol Dauplaise, a Manhattan jeweler, was crossing Madison Avenue from east to west. She had the green light and was in the crosswalk. As she was crossing, Buddhi Gurund, a limo driver for Tel-A-Car, made a left turn onto Madison Avenue from 36th street and struck her.  Other pedestrians who witnessed the accident rushed to the rescue and lift the car off to try to save the woman. She was transported to the hospital where she later died from her injuries.

Carol Dauplaise was a successful jeweler who had developed her own business into a multi million-dollar business. She started her own company in 1979 with only two other employees: a sales person and a design assistant.  Her company is now employing 50 people in New York City. Her store was located a block away from the accident on 37th Street.

The limo driver told the police that he didn’t see the victim.  According to the Gothamist he was arrested and charged with failure to yield to a pedestrian and failure to exercise due care.

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new york taxi accident locationA woman suffered serious personal injury and a taxi passenger suffered head trauma after a taxi jumped the curb next to the Metropolitan Museum in Manhattan. On Sunday morning, 41 year old Melissa Bernard was walking on the 84th street sidewalk next to the Metropolitan Museum with Bowen, her two year old son. Ahead of them her husband, Adam, was pushing their one year old daughter, Colette, in a stroller. As they were walking toward Central Park, Melissa told the New York Post that she noticed a taxi driving at a high speed toward them. She grabbed her son to protect him. The taxi jumped the curb and landed on the sidewalk just between her and her husband. The taxi then hit a light pole. The light pole fell on Melissa’s back head and neck leaving her with severe injury and a possible concussion. The child was not injured. According to the Gothamist,the passenger who was in the taxi at the time of the accident also suffered head trauma.

Mohammad Miah, the cab driver told the police that he tried to avoid another taxi who had cut him off. Mohamad said the other taxi was driving in the bus lane. He didn’t stop after the accident. The police are still investigating the causes of the accident. No citations have been issued so far. Pictures from the New York post show that surveillance video cameras were located at the the site of the accident. They should help the police determine exactly what happened.

The picture on the left  is from Google Map. It shows the location of the accident. Visitors to the Metropolitan Museum and families heading to Central Park make this intersection a very busy spot. The taxi jumped the curb and landed against the fence of the Metropolitan Museum to the left of where the pedestrian with the red shirt is located on the picture.

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A pedestrian was fatally hit by a dump truck in New York City on Friday. The accident between the truck and the pedestrian happened at the intersection of 11th Avenue at West 37th Street, Manhattan, in front of the Javits Center. The 48 year old woman was crossing 11th Avenue when the truck made a right turn from 37th Street onto 11th Ave.  Brenda Katz who was in a cab just behind the truck told DNA Info that the pedestrian was most probably in the dead angle of the truck driver and that he didn’t see her. She said the back wheel of the truck ran over her. The woman died at the scene of the accident. According to the Daily News the victim was travelling from Canada.

dump truck accident location

 

 

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A 63 year old grandmother died in a truck accident yesterday in New York. The accident happened yesterday night at 8:48 pm at the intersection of Broadway and West 165th Street in Manhattan. Maria Minchala had just come out of the church and was on her way to work. She was crossing Broadway in the crosswalk when a flatbed truck hit her.

The truck driver who was operating a NYC Tire and Auto Care Inc. truck, was making a left turn onto Broadway when he hit her. He stayed at the scene of the accident and told the police that he never saw the victim. He explained that as he was turning he felt a bump and pulled over. He stepped out and discovered the victim.

Maria Minchala was rushed to the hospital but she didn’t survive. She was the second pedestrian to die in a traffic accident in NYC yesterday. Earlier in the day a 16 year old girl was fatally struck by a hit and run van in Queens (see previous blog)

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Sunrise Highway and Francis LewisA 16 year old female pedestrian died in a car accident earlier during the night and police are still looking for the driver of a dollar van who struck her and sped away. The accident happened a little bit after midnight.  The teenage girl was trying to cross the 4 lane Sunrise Highway at the intersection of Francis Lewis Blvd in Rosedale (see picture from Google map on the left) when the van struck her. The driver didn’t stop and continued to head East on Sunrise Boulevard. The teenager was in cardiac arrest. She was rushed to the hospital but she couldn’t be saved.

A resident of the neighborhood who talked to CBS New York said that she crossed this intersection everyday and that she was almost hit a few times. She said speeding was frequent as well. Even when the light is in favor of  pedestrians the Boulevard is so wide that it is difficult to cross before the light changes.

 

 

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Every month almost 100 auto accidents in New York City are caused by drivers who fell asleep or who are drowsy behind the wheel. According to a recent article in the Post, Uber drivers must work more than 19 hours every day to make ends meet. This situation is putting Uber passengers, pedestrians and other New York road users at the risk of dangerous accidents.

The Taxi and Limousine Commission regulation prohibits cabbies from driving more than 12 hours straight. However very few Uber driver seem to respect this rule. If they would they would simply not make enough money.

Limo Drivers were protesting last week at city airports against a cut of 15% of the fares that took place at the end of January. Uber may have simplified the life of many New York commuters but for cabbies and limo drivers conditions have only gotten worse. Those who owned yellow taxi medallions have seen the prices plummet with Uber competition and regular limo companies have lost many clients to Uber.  Limo drivers are making so little money on their fares these days that they are forced to work long hours.

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