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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 Personal Injury

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the overpass where the bus fell from8 passengers and a driver were injured in a MTA bus accident last week. The driver lost control of the bus and  plunged from an overpass, leaving the articulated bus dangling over an expressway in the Bronx.

The accident occurred as the articulated bus was on the University Avenue overpass above the Cross Bronx Express Way. According to preliminary investigation speed was a factor in the accident. As he made the turn to get on the  overpass, the driver’s speed was between 17 and 26 mph while the safe speed for such a large bus should have been 3 to 4 mph.  He lost control of the bus, teared through a metal gate and plunged 50 feet over the overpass, leaving the accordion bus dangling from the overpass with its nose on the expressway below. The bus driver was able to extricate himself from the bus and help other passengers to get out of the bus. he suffered jaw, leg and knee injury. 8 other passengers were injured including two seriously. They were all transported to the hospital.

https://twitter.com/ADiLorenzoTV/status/1350026084398600194

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116 bicyclists, 504 pedestrians, 1,116 motor vehicle passengers and 1,795 motor vehicle drivers were injured in traffic accidents in New York City during the month of November for a total of 4,039 people injured. Another 28 people died in similar circumstances, among them were 6 cyclists, 13 pedestrians, 1 passenger and 8 drivers. (click on graphs for full size)

Traffic Accident Injuries NYC November 2020
New York Auto Accident Death November 20
While the total number of monthly deaths reached a record high for the month of November since Vision Zero was launched in 2013, the total number of monthly injuries was at its lowest since 2013 for the month of November.  Since the beginning of 2020 when the Covid pandemic started, the streets of New York City are less busy than usual which might explain why the monthly number of people injured in traffic accidents for the entire year stayed below the trendline. However less traffic has lead to speeding and other reckless activities  which resulted in more traffic fatalities.

Car accident injuries in New York in November with trendline
car accident death in NYC in November with trendline
Because of the pandemic, the city saw an increase of people using bicycles to commute. However riding a bike in New York City remains dangerous despite new bike lanes that are being implemented all over the city. While cyclists infrastructure are decently developed in Manhattan it is not the case in the other boroughs especially in the Bronx where Citi Bike has implemented new bike shares but protected bike lanes are still rare. As a result the number of NYC bicycle accident injuries and deaths are exploding. Last November 6 people died in bicycle accidents compared to respectively 1,0, 2, 0, 0, 1, 2 and 2 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. This is the second time in the last 3 months that the monthly number of bike accident deaths reached a record high. The number of injuries also jumped to 504 last November compared to respectively 246, 285, 366, 346, 276, and 280 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. The number of bicycle accident injuries more than doubled from November 2019 to November 2020. The total number of bicycle accidents was also on the rise with 537 accidents in November compared to respectively 367, 375, 400, 465, 454, 383 and 368 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. While  the graphs below clearly show that the total number of bicycle accidents and the resulting injuries are seasonal and reach their peaks during the summer all trendlines are on the rise and over the recent months bicycle accidents injuries and deaths have all reached record highs.

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There is always an uptick in fire accident injuries in New York during the coldest days of the year.  Last night a fire that erupted in an apartment building under renovation  located at 283 Monroe in Bed-Stuy and spread to adjacent buildings is the last of multiple fire accidents that occurred last week in New York. One firefighter was injured after the floor collapsed under him.

In Queens, 6 people were injured in a fire that erupted Monday early morning on 108th Street in Corona.

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location of the Queens pedestrian accidentA pedestrian was transported to the hospital with critical injury after being struck by a car in New Yok City.  The pedestrian, a young woman in her twenties was struck by a Mustang around 11:30 pm last Friday at the intersection of Cross Bay Boulevard and 163rd Avenue, in Queens (see Google map picture on the left) . The  31 year old driver stayed at the scene of the accident and was not charged. The pedestrian was found by EMS unconscious with critical injuries to her legs and head. She was rushed to the hospital to be treated. Read more in the Post

The day before also in Queens, a 16 year old Mustang driver died in a car accident after he lost control of his vehicle. Thursday afternoon around 2:50 pm, 16 year old Dylan Moreno was found dead a few blocks away from his home after he lost control of his black Mustang. The teenager was speeding down 80th Avenue near 265th Street in Glen Oaks when he lost control of his sport car and hit a tree on the side of the road.  The young man had a passion for fast cars. Before he hit the tree, the teen driver blew two stop signs and almost hit a pedestrian. Read more in the Daily News 

Another young driver lost control of his car, flipping it over and crashing into a house in Long Island. The 19 year old man has been arrested by the police and is facing DWI charges. Thankfully the person inside the house at the time of the accident was not injured.

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New York Child sexual abuse lawyer Ben RubinowitzThe COVID crisis has dramatically altered the way courts conduct business, but any judge will tell you, with a sense of pride, that the courts never closed. How have courts – an institution notoriously slow to change – adapted to provide access to justice throughout a pandemic?

Our managing partner Ben Rubinowitz will be speaking at a conference hosted by The Center on Civil Justice at NYU Law School that will address these issues. The conference will take place online Monday January 11, 2021, from 12pm to 5pm.

The conference will examine the nature of the way courts change and adapt in general, what specific trial and pre-trial rules and procedures have changed (and how), and which of these changes can be used to improve efficiency and access to justice after the COVID crisis passes.

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location of the pedestrian accidenta 4 year old pedestrian died and a 6 year old suffered serious injury in a dramatic accident that occurred on their way to school. The accident occurred yesterday morning around 9:15. The two children had just been dropped in front of Yeshiva Ketana of Bensonhurst on 67th Street near 20th Ave (see Google map picture on the left)  by a 76 year old van driver who then ran over them. The investigation is still ongoing to find out exactly how the accident occurred.  The driver of the van apparently did not realize he hit the children and left the scene of the accident.  The two boys were transported to the hospital where one of them was pronounced dead. The other one survived with serious injuries. The driver of the van returned later to the scene of the accident and was questioned by the police. According to preliminary investigation, the children found themselves in the street in front of the van instead of being on the sidewalk. The driver told the police he didn’t know that he hit the children and he was not charged. City records however show that since 2016, the driver accumulated two red-light camera and two school zone speeding tickets.

Another 4 year old child was injured in a car accident in Brooklyn on Saturday evening…

According to the Gothamist, the young pedestrian was in the crosswalk on Ocean Avenue when a driver heading westbound on Parkside Ave hit him.   The accident occurred around 9:00 pm. The boy was transported to the hospital in serious condition. The 50 year old driver stayed at the scene of the accident and so far has not been not charged.

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Engineering-study-of-injury-in-car-crashPreventing personal injuries and saving lives is a component of safety and public health. Every year, the Center for Injury Research and Prevention is offering several summer programs to undergraduates who are interested in injury science research. Students who have limited access to research opportunities such as American Indian Natives, Alaskan Natives Black and Latino students as well as women, vets and people with disabilities are highly encouraged to apply.

The 10-week program takes place over the summer and provides students with hands-on research experience, participation in multidisciplinary research approach  and one-on-one mentoring by leading scientists. Students receive a $5000 stipend as well as help for their travel expenses and will be housed for free in separate units for projects requiring in-person participation. Due to the Covid-19 pandemic, many of the projects will be held remotely but the situation may change depending on the evolution of the pandemic.

This summer the projects will be split in 3 areas: Engineering, Behavioral Science and Epidemiology.

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accident sceneThe National Highway Safety Administration was created 50 years ago in an effort to curb the number of Americans dying or getting injured in car crashes. Its role was to create safety standards for motor vehicles, supervise recalls in case of defects, educate people and conduct research on traffic safety as well as allocate safety grants to states.

Back in the days, when the agency was created, more than 50,000 people were killed very year in car accidents in the US.  It went down to 32,479 in 2011 and then gradually went back up to 36,120 last year.

Over the years the Agency had its ups and downs, the last four years were among the worst

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A NY construction worker who fell 45 to 50 feet from a roof survived after he fell in a dumpster full of debris. The 37-year-old man was working on a construction site located at 709 West Court in Ithaca, NY. The accident occurred just after 5:00 PM. The worker who was wearing a fall protection gear had just unclipped himself after finishing his work and was about to go home when he fell from the roof. He landed in a dumpster full of debris and survived.  It is not exactly clear how exactly the accident occurred and what were the extent of the injuries he suffered.

The firefighters, the police and an emergency staff in an ambulance showed up to the scene of the accident shortly after. EMS workers were able to get in the dumpster, secure the worker on a back board with a cervical collar and splint his injured arm before taking him out of it. Because of the inclement weather, it was impossible to transport the injured construction worker by helicopter to a hospital. He was transported by ambulance to a trauma center in Pennsylvania.

So far neither the name or an update on his condition have been provided. The accident is under investigation. The weather conditions might have played a role in the fall.

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carbon monoxide danger signA woman and two children suffered carbon monoxide poisoning last week in Dix Hills, Suffolk County, NY. The accident occurred at a residential home located on Pineland Court.  A crew of workers were doing some roofing work while a mother and her two children were inside the house. The roofers used a generator that was positioned too close to the door causing fumes to get in the house and poisoned the family. The woman and the two children started to get really dizzy and she called 911. When EMS arrived the 3 of them could not walk anymore and firefighters found a vey high level of carbon monoxide in the house. The mother and her children were transported to the hospital to be treated.

The silent killer

Carbon Monoxide is an invisible gas that has no smell and no color and therefore is  very hard to detect by human. It is deadly. Firefighters nickname it “the silent killer”.  This why in New York State, it is required by law that any house or apartment with at least one fuel-burning appliance or heater has working carbon monoxide detectors installed. The following precautions should be taken to avoid carbon monoxide poisoning:

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