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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accident locationA 39 year old old man suffered critical injury after he was hit by car in the Bronx, NYC. The accident occurred Saturday night around 3:00 am on East Tremont Ave near Waterbury Ave. The driver of the car, a 28 year old man, remained at the scene of the accident. He was later taken into custody by the police after he was given a breathalyzer test.

East Tremont Ave between Williamsbridge Road and Bruckner Boulevard is one the most dangerous corridors in New York City. According to the NYC Department of Transportation, hundreds of people were injured in car accidents on this specific segment between 2009 and 2013. Among them, 21 people were severely injured or died. Speeding is a major issue in this wide corridor  with undefined moving and parking lanes. Crosswalks are mostly very long diagonals or are simply lacking, making it difficult for pedestrians to cross safely.

In 2015, as part of  the Vision Zero Initiative, the DOT proposed to the Community Board to re-engineer East Tremont Ave to make it safer (see DOT proposal here). The proposal included a reduction from 4 to 2 traffic lines with a center turn lane as well as the construction of pedestrian islands.  The proposal which didn’t include any bike lanes was turned down by the community board. However after a bicyclist died on this segment last June, the DOT by-passed the community board decision and confirmed it would implement the safety measures. (see more in Streetsblog).

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In a previous blog, we wrote about  a bill that would extend NYC pedestrians’ right of way when the countdown clock is in progress at a crosswalk or when the signal is flashing.  This bill was unanimously passed by the City Council on Wednesday.  It was backed by the DOT and by The NYPD  and is expected to be enacted by the mayor as soon as possible.

With the enactment of this new bill, the NYPD and District Attorneys will have no more excuses for not bringing cases against drivers who strike pedestrians while they are in the crosswalk. According to Streetblog, in the past, many cases were not pursued because Section 4-03 of the Traffic Rules of the City of New York stated that “no pedestrian shall enter or cross the roadway” during the flashing “Don’t Walk” phase”.

The new bill intro-997, amends this section of the Rules of the City of New York and establishes the right of way for pedestrians “when a steady walking person, flashing upraised hand, or flashing upraised hand with a countdown clock is displayed on a pedestrian control signal”.

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crosswalkA new bill may offer better legal protection to pedestrians who are struck by motor vehicles while in the crosswalk. The bill which is supposed to be passed by the City Council this morning will close a loophole in the “Right of Way” law. Introduced by public advocate Letitia James, the bill will give the right of way to pedestrians who  are in a crosswalk when the countdown clock is in progress or when the signal is flashing.

So far the law only gives the right of way to pedestrians during the walk symbol. This loophole occurred because the countdown timers were installed in New York after the law was passed. Therefore drivers who are striking pedestrians during that specific time are not necessarily liable. Hopefully the City Council will correct this dangerous situation Today.

Read more in AM New York

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Car accidents are the leading cause of death among children below 13 years old in New York City.  On average two third’s of the children who die in car accidents in New York are pedestrians. While most often fatal accidents are the result of reckless driving, it is also important to educate children about the dangers of the streets.

As part of the Vision Zero program, employees from the New York City Department of Transportation are now visiting schools to educate NYC children about potential dangers encountered when crossing the street. The highlight of this school campaign is a Hip Hop video which the DOT hopes may catch the attention of the children.

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accident sceneA 15 year old boy was critically injured in a motorcycle accident in New York City. The accident occurred in Flatbush, Brooklyn, yesterday around 4:30 pm. The 15 year old boy was crossing East 43rd Street near Church Ave with a group of friends when he was hit by a motorcycle. According to witnesses the motorcyclist struck the boy at a high speed. The teenager was transported to the hospital in critical condition. The biker suffered minor injuries and was also transported to the hospital.

Read more in the New York Post

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Bicyclist and Pedestrian safety rideSo far this year 16 people were killed in a bicycle accident in New York City. This is the highest number of bikers killed over a period of 8 months in the city.  As bicycling is becoming more and more popular in New York, it is important that bikers feel safe when they ride. Pedestrians also are at increased risk of fatal accidents. 74 people died while walking in the streets of New York. Another worrisome problem is the growing number of hit and run fatal accidents. 28 people were killed by hit and run drivers since the beginning of the year. This is higher than the total number of people killed by hit and run drivers over the complete year of 2015.

This Thursday Please join Transportation Alternatives, Families For Safe Streets, Right of Way and Kidical Mass BK  to ride together to demand streets safe for biking and walking. The meeting point is at Fountain of Pamona at East 59th Street and 5th Avenue in Manhattan at 6:00 pm. The ride will start at 6:30 pm.

Riders want to send a message to Mayor de Blasio that “This is enough” ! Too many bicyclists and pedestrians have been killed or injured in traffic accidents in New York City this year and it has to stop.  Mayor de Blasio is not doing enough to make New York City streets safe. After improving during de blasio’s first two years as mayor, the number of bicycle and pedestrian accidents are increasing again. This Thursday riders will ask the mayor to take immediate action to fast track projects related to the construction of protected bike lanes and safeguarded pedestrian crossings in areas that have been designated priority areas by Vision Zero.

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accident sceneAn elderly pedestrian was fatally struck by a car in New York City last week. 89 year old Wai Lee was crossing Quentin Road near Coney Island Ave in Brooklyn, NYC when she was struck by a car. The driver, an 81 year old man was trying to park when he hit the victim. The NY Daily News reported that the man was trying to park when he put the car in drive by mistake. He then accelerated and hit the victim. The woman was transported to the hospital in critical condition. She later died there from her injuries.

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In 2014,  a motorist plowed into a crowd in NYC, killing one person and severely injuring another. He was convicted at a Bench Trial in March. Yesterday he was sentenced to 18 years to life in prison.  Almost two years ago, 22 year old Kevin Weekes tried to crash a baby shower in Queens. He was thrown out and became furious. He got into a fight and was stabbed. He then got back into his car, made a U-turn and drove into a group of people standing outside the shower party.  He fatally struck 20 year old Kevin Lewis, who was dragged under the car for half a block and seriously injured 21 year old Antoinette Green.

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accident sceneA month ago a 6 year old boy was injured after being struck by a car in NYC (see previous blog). The driver got out of the car and then got back in and fled the scene of the accident. After a month of investigation the driver has been identified and arrested by the police.  53 year old Armando Mino was charged with assault and leaving the scene of an accident.  Read more in the NY Daily News 

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Two pedestrians were critically injured in a strange car accident in New York City two days ago. A driverless van suddenly started to roll backward hitting a 80 year old woman and a 71 year old food vendor.  The driver of the van had exited his vehicle after he thought he left the van in “Park”.  Instead he left it in “Reverse”. The van rolled back in the middle of the Broadway and 32nd Street intersection in Astoria.

People started to panic and jumped out of the way. The 80 year old woman couldn’t move fast enough and was hit by the vehicle. The van then crashed into a food stand. The impact of the crash moved the foot stand 25 feet away. The owner was clipped in the back of his head. He then fell and the stand rolled onto him. Both victims were transported to the hospital. The woman was listed in critical condition while the man was in stable condition.

Read more in the NY Daily News

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