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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A speeding SUV driver is responsible for the death of 42 year old Susana Ha and her 10 year old daughter Angelica Ung in a crash between two cars that happened last Wednesday on 210th St. in Queens, NYC according to a police source. Susanna Ha was riding with her two young daughters in the back seat and her mother was in the passenger seat of a car driven by her dad when the driver of a speeding SUV who was travelling in the opposite direction veered to the left, crossed the double yellow line and hit their car. The accident took place in a 15 mph school zone with a speed bump in the middle of the street.

The mother and the youngest daughter were killed in the accident while the other daughter was in critical condition. The 67 year old grandmother was seriously injured while the 74  year old grandfather who was driving the car was in stable condition. The 46 year old driver of the SUV was also injured and in stable condition. To date no criminal charges have been filed. Based on photos of the front end of the SUV and video it had to have been going well above the speed limit.

Read more in the NY Daily News 

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A 90 year old woman lost control of her car and crashed into the front window of the Aeropostale clothing store of the Bay Terrace shopping Center on Bell Blvd in Queens, NY. The accident happened on Sunday afternoon around 4 p.m. The driver who pressed the gas pedal by mistake, drove through the shop front window and ended up next to the cash register. A 39 year old worker suffered minor personal injury from falling glass and the elderly driver reported pain in her left arm. Read more in the NY Daily News

In New York State, the Department of Motor Vehicles does’t remove driving privileges based on age but an elderly driver may be requested to pass a re-evaluation program. New York State Vehicle & Traffic Law Section 506 (1) states that: “If the Commissioner has “reasonable grounds” to believe that a person holding a license is not qualified to drive a motor vehicle, the Commissioner may require such person to submit to an examination to determine their qualifications.”

If you have an elderly parent or close relative who you feel no longer has the ability to drive safely it is incumbent on you to discuss with them your concerns. This is a very difficult discussion to have since giving up one’s driving privileges makes one feel a loss of independence. Such a discussion must be in a reasoned manner. For an excellent article on having this discussion see “How to Talk to Elderly Adults About Giving up the Keys” by Constance (Connie) Matthiessen in caring.com.

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The health condition of a family who suffered serious personal injury after being exposed to a banned pesticide while vacationing in a St-John luxury resort, last March, will most probably not improve, Governor Kenneth Mapp said last week in a status update. 49 year old Steve Esmond, his wife Theresa Devine, 48 and their two sons Sean, 16, and Ryan, 14, suffered seizures and never recovered fully after they were exposed to methyl bromide while staying at their Sirenusa Villa in St-John. As of Today, the dad suffers from severe paralysis and must be strapped even to sit, the oldest son remains paralyzed from the neck down and the youngest one is in and out of coma with no sensation in his limbs and no control of his body. Only the mother seems to be recovering and is doing rehab. The accident happened after Terminix , the company hired by the resort for pest control, used a pesticide identified as Meth-O-Gas to fumigate a condo adjacent to the family’s villa. Meth-O-Gas contains methyl bromide, a very dangerous pesticide whose indoor use is illegal on US territory. Read more in The Virgin Islands Consortium

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Pipe_installation_2During the summer, outdoor construction workers such as those raking asphalt or sweating pipes can suffer from personal injury such as dizziness, discomfort and the fogging of safety glass and put themselves and others at risk of accidents. In some cases heat exhaustion can even lead to death. According to OSHA statistics an average of 30 construction workers die every year from heat stroke.

Construction workers can mitigate these types of injuries by arriving at work rested, wearing light clothing, drinking water every 15 minutes, doing demanding tasks in early morning when the heat is lower and when resting in a shady area is possible. Workers should also check their colleagues for signs of illness. Symptoms of heat exhaustion include headaches, dizziness, lightheadedness, fainting, weakness, moist skin, mood changes such as irritability or confusion, upset stomach and vomiting. Heat stroke is an immediate threat to life. Rapid cooling with ice packs or cold water must begin at once. A victim may sweat a lot, but some may have hot, dry skin and no sweating. Either way, it’s an extreme emergency. Call 911 immediately.  For more info see the CPWR Hot Weather Toolbox

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Medtronic announced yesterday that certain lots of its neonatal and pediatric Covidien Shiley(TM) tracheostomy tubes are defective and can seriously injure children. The defective products were formed with a wider-angle bend than standard models, making it difficult for patients to breath.  In its press released Medtronic indicates that it already started to notify hospitals and distributors at the end of May. The company also asks that customers and distributors  notify primary care physicians and home care providers to whom they provided such devices. Read the press release 

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verdict002Top 25 verdictLast year, our partners New York Personal Injury Attorneys Ben Rubinowitz and Peter Sagir obtained a $8,570,000 verdict for a bicyclist who suffered personal injury after being hit by a bus in New York (see previous blog. This verdict is the 16th highest verdict of all verdicts obtained in New York in 2014. Therefore our firm is honored to be featured this week in the 2014 New York’s Top 25 Verdicts and Settlements section of New York Magazine. This verdict was also was the highest verdict in New York in 2014 for a bicycle accident involving another vehicle.

Since 1919 we have been representing victims of catastrophic injury and we are constantly thriving  to achieve the highest results for our clients and their family in order to help them get back to their life with dignity and independence. A few years ago our New York personal injury law firm obtained a 27.5 million verdict for a female pedestrian who lost her leg after being struck by New York City Transit Authority Bus (see previous blog). Last year, in addition to the above verdict we also obtained a $7,125 million verdict against the City of New York for a woman who was struck by a bus when riding her bike and a $5 million verdict against the Federal Government for a woman who died after being struck by a postal truck (see previous blog).

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New York Personal Injury lawyer Anthony GairA bill that makes it a felony for drivers to kill or injure others while driving without a license was passed yesterday by the New York State Senate. The bill was introduced by state Senator Michael Gianaris (D-Astoria) following the death of Noshat Nahian, an 8 year old pedestrian who was on his way to school when he was fatally struck  by a tractor-trailer driven by an unlicensed driver. Our partner, personal injury lawyer Anthony Gair (picture) who is in charge of the case commented: “This is a very important bill and long over due. In this tragic case, all charges against the driver were dismissed except for driving without a licence for which he paid an $85 fine. This is outrageous in a case in which Noshat was in the crosswalk with the right of way and easily visible at the time the tractor trailer turned left striking him. Hopefully the law will also discourage commercial carriers from hiring unlicensed truck drivers.” Read more in the Times Ledger

 

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A motorist who was speeding lost control of his car and crashed into a SUV , spun around ran into other parked cars, injuring himself and 3 other people including a a woman who was four months pregnant. What will it take to prevent these needless accidents caused by drivers who are so irresponsible they never consider the dire consequence of their behavior. Long term suspension of their licences would be a good start. When death or catastrophic injuries result jail would not be a bad idea. Too few accidents caused by reckless driving result in criminal prosecutions. See our post above.  The car accident happened last Friday around 7:00 pm on Boston Road near East Gunhill Road in the Bronx, NYC. Read more in the NY Daily News 

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5 pedestrians died and 696 suffered personal injury in April in New York City compared to respectively 8 and 854 in April 2014 and 12 and 904 in April 2013.  Pedestrian fatalities have been declining since the beginning of this year and reached their lowest in April. The total number of pedestrian fatalities since the beginning of the year was 28 compared to 39 for the same period of 2014 and 55 for the same period of 2013.  Since the beginning of the year there was also a decrease in the number of pedestrians who suffered personal injury in a traffic accident in NYC.Pedestrian deaths and injuries NYC April 2015

2 people died and 300 were injured in a total of 300 bicycle accidents in New York City in April compared to respectively 1, 306 and 382 in April 2014 and 0, 288 and 358 in April 2013.  The number of cyclists fatalities and injuries remains elevated in the City.

Bicycle accidents injuries deaths NYC April 2015
Even though there was an unusually high number of 10 motorist deaths last April the total number of traffic fatalities in New York City since the beginning of the year is down compared to the same periods of 2014 and 2013.

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i - bus driverIn New York every year several pedestrians and cyclists die and many others suffer personal injury after being struck by an MTA Bus. In many of these accidents investigation shows that drivers were negligent and failed to yield or failed to exercise due care.  Since the beginning of the year a few bus drivers were arrested after a new Vision Zero Law made it a misdemeanor for drivers to strike pedestrians or cyclists who have the right of way.  TWU Local 100, the bus drivers Union is against this new law and would like bus drivers to be exempted from it.  This morning TWU local 100 launched a work slow down on 181st Street in Washington Heights between 7:00 am and 9:00 am to protest the law.

The flyers handed out to bus drivers by the Union (see picture) said “DO NOT TURN UNLESS THE INTERSECTION IS CLEAR!”. Isn’t that what bus drivers are supposed to do to keep NYC streets safe?

Read more in the New York Post and on Streetblog

 

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