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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In a previous post we mentioned that a pedestrian was fatally struck by a garbage truck belonging to Sanitation Salvage two weeks ago in the Bronx. Leon Clark, a man in his 70ies who was living in Adams Houses was walking on E. 152nd St. near Jackson Ave in Morrisiana when he was fatally struck by a private garbage truck driven by 33 year old Sean Spence. It is the second time in less than 6 months that Spence killed a pedestrian while driving his truck.

On November 7, Spence was driving his truck when he fatally ran over 21 year old Mouctar Diallo, an off-the books employee who was helping him. Diallo was standing on the the steps leading to the passenger’s door when he lost  his grip,  fell under the truck’s rear wheels and died. Spence initially lied to the police and claimed that the victim was a crazy homeless man who tried to jumped on the side of his truck.

Sanitation Salvage has a history of safety violations

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Two months ago Dorothy Burns ran a red like, killed two young children and injured 3 pedestrians in a horrific accident in Brooklyn, NYC (see previous blog). The 2 children were 20-month-old Joshua Lew and 4 year old Abigael Blumenstein, the daughter of  Tony award actress Ruthie Ann Miles.  Burns was indicted by a Grand Jury last Wednesday and was charged with manslaughter, assault and criminally negligent homicide. Burns had a history of reckless driving. Since 2016 she accumulated 12 driving violations from speeding in school zones and running red lights. Burns  suffers from multiple sclerosis and it is unclear why she was still allowed to drive at the time of the accident. Her license is now suspended.

Read more in the Daily Beast

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Hit and Run Crashes by State2,049 people died in 1,980 fatal hit and run crashes in 2016 in the US according to a study recently released by the AAA Foundation for Traffic Safety. This is the highest number of fatal hit and run crashes ever recorded in the US. Among the 2,049 people who died in these accidents, 1,229 of them were pedestrians, 169 were cyclists, 380 of them were drivers and 229 were passengers. Since 2009 hit and run crashes increased by an average annual rate of 7.2% per year.

New Mexico, Louisiana and Florida have the highest rate of fatal hit and run crashes per 100,000 people while New Hampshire, Maine and Minnesota have the lowest rate.

Almost 60% of the victims of fatal hit and run are pedestrians with elderly over 80 year old and children under 6 being 50% more likely to be a victim of such accidents. Gender is also a factor. 70% of pedestrians dying in a hit and run accidents are male.

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accident sceneAn elderly woman died and her husband is in critical condition after both got hit several times in a freaky car accident at a Brooklyn car wash in New York City.

Tuesday afternoon around 3:00 pm, an elderly couple brought their car to a car wash located next to the Mobile gas station on Avenue U and Gerritsen Avenue in Marine Park.  As their car was coming out of the car wash it was hit by a black Jeep that had been left in neutral. The elderly couple were inspecting the damages on their car when a 61 year old employee of the car wash got behind the wheel of the black Jeep. He backed the Jeep up in the garage and hit a wall of the building, then for some unknown reason he drove forward speeding, striking the couple and crashing into their car. The impact was so strong that the couple’s car then crashed into two other parked cars across the street. The car wash employee then backed up again and drove forward again striking the woman for the second time. He repeated the same back and fourth maneuver for a third time before car wash employees were able to stop him and get him out of the car. The 85 year old woman identified as Joane Tornabene died at the scene of the accident. Her 90 year old husband, Frank Tornabene was rushed to the hospital in critical condition. The police are still trying to figure out the reason why the car wash employee behaved so erratically.

This is the second time in a week that someone was struck by a vehicle at a NYC car wash. A car wash worker lost his leg on Saturday in Queens . The man was wiping down a vehicle when he was struck by another car driven by a co-worker.

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NYC Traffic fatalities by mode before and after Vision ZeroSince Vision Zero started in 2014, NYC traffic fatalities decreased by 28% while nationally they went up by 15%. According to the Fourth Vision Zero Annual Report that was recently released by the de Blasio Administration, the decline was the strongest in pedestrian deaths. They went down by 45% since the program was launched in 2014.

STREET REDESGIN

Last year, under the Vision Zero umbrella, the city installed 832 additional Leading Pedestrians Intervals (LPI). 24.9 miles of protected bike lanes were built leading to a total of more than 60 miles of protected bike lanes in the City. Left turn calming treatments were placed at 110 intersections. 390 speed bumps were also created all over the five boroughs.

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An 86 ylocation of the deadly 9 year old pedestrian accident on Northern blvdear old driver fatally struck a young pedestrian in a crosswalk on Northern Boulevard Queens, NYC, and  left the scene of the accident. He was chased by a taxi driver who was able to stop him several blocks away.

The accident occurred last Saturday Afternoon around 1:20 pm. 9-year-old Giovanni Ampuero and his mother, Karen Manrique, had the right of way and were walking in the crosswalk  on Northern Boulevard at the 70th Street intersection in Jackson Heights when Juan Jimenez made a left turn from 70th Street onto Northern Boulevard and plowed into them. The boy was lying in the street while her mother was holding him. He suffered severe head trauma. He was rushed to the hospital where he later died from his injuries.

After he hit the boy, Jimenez just sped off. A taxi driver who saw the accident started to chase him. He was able to stop him 10 blocks away.

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A young pedestrian died after being struck by a van on a Bronx sidewalk in New York City. 8 year old Cellou Diallo was part of a group of children that just came out of a van  that had parked on East 125th Street in Williamsbridge . As they were on the sidewalk with the driver, one of the kids noticed that one of the van’s wheels was on the curb. The driver asked the kids to wait on the sidewalk while she got back in the car and tried to proprely park. As she was maneuvering, she lost control of the vehicle while backing up and pinned 8 year old Cellou Diallo against the wall of the adjacent building. She got out of the vehicle screaming  “I killed a mother’s baby, I killed someone’s baby.”She was devastated and crying. The other children were horrified. The woman was a close friend and neighbors of Cellou’s parents. The two families would take turns driving the kids to after school programs. Cellou Diallo came from the same family as Amadou Diallo who was wrongfully killed by the NYPD. Our firm represented his mother.

Read more in the NY Daily News

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Vision Zero Initiatives have helped decrease traffic accident deaths in New York City especially for pedestrians and bicyclists  but the number of people injured in auto accidents during the first three months of the year has been on a rising trend. Distracted driving is the number one cause of accidents in the city and might be a factor leading to this high number of car accident injuries.

The number of motor vehicle accidents in New York City during the first semester stayed over 50,000 for the last 3 years. During the first trimester of 2018, 52,317 accidents were reported to the NYPD. Since 2013 the number of accidents in the City has been on a steady rising trend. From 46,438 during the first trimester of 2013, they reached a peak at 53,050 in the first trimester of 2016, slightly decreasing in the first trimester of 2017 and going slightly back up this year.

Motor vehcile accidents NYC first trimester 2018
12,920 people were injured in these 52,317 accidents. This is the highest number of personal injuries related to traffic accidents in New York City during the first trimester of any year  since Vision Zero started in 2013. 11,676 were injured in accidents during the first trimester of 2013. This number went down to 10,805 during the first trimester of 2014 and continued to decline to 10,069 for the same period of 2015. After that injuries went back up to respectively 11,939 and 12,608 for the first 3 months  of 2016 and 2017.

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location of the fatal pedestrian accident BK NYCThe investigation is still ongoing in the NYC car accident during which Dorothy Burns drove into a group of pedestrians and killed two young children on March 5th. According to a new article in the NY Daily News, a medical crew was dispatched to Burns’ apartment on March 2nd after receiving a call about a cardiac condition. It wasn’t the first time that emergency responders showed up at this address. Investigators found that they were previously called to the rescue for cardiac condition on December 22nd and November 19th.  The health of Dorothy Burns had deteriorated so much at the beginning of the year that she had to ask for a medical leave from her job in January. She didn’t return until February after she received a medical clearance. The investigators are now trying to find out if the doctors told Burns she had to stop driving because of her condition. The woman who suffers from multiple sclerosis had a seizure before crashing into a group of pedestrians who were crossing the road in Park Slope. Two young children died and three other people were injured in the accident (see previous blog

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location of the fatal pedestrian accident BK NYCTwo young pedestrians died a 3 adults were injured after being hit by a reckless driver in Brooklyn, NYC, on Monday afternoon. 44 year Dorothy Burns was behind the wheel of her Volvo Sedan when she slowly drove through a red light and drove into pedestrians crossing the road at the intersection of Ninth Street and Fifth Ave  in Park Slope (see Google Map picture for location). Then she crashed into another car.

A 20-month-old boy, Joshua Lew, and a 4 year old  girl, Abigaeil Blumenstein, were killed in the accident. Their mothers, 34-year-old Ruthie Ann Blumenstein and 33-year-old Lauren Lew were both hospitalized. Ruthie Ann Blumenstein, a talented Broadway actress also known as Ruthie Ann Miles, is pregnant. She is still in critical condition . A male pedestrian was also hospitalized after being injured in the accident.

Disturbing videos of the accident show the driver slowly running the red light and ten picking up speed and almost intentionally plowing into pedestrians before continuing and crashing into another car.