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 63 year old woman suffered serious personal injury after she was hit by a hit and run driver who is still at large. The accident happened Sunday morning at 89th Avenue and 120th street in Queens, NYC.  The driver hit the pedestrian at 89th Avenue and 120th Street in Queens, and sped off on 89th Ave. The police are still looking for the  driver and have released the below video. The vehicle is a dark gray Nissan Pathfinder. The victim was taken to the hospital where she is in serious condition.

 

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truck rear ends carNew technologies that can help prevent truck accidents such as  forward collision avoidance and mitigation braking (F-CAM) systems should be mandatory on all new big trucks and buses according to The Truck Safety Coalition, the Center for Auto Safety, Advocates for Highway and Auto Safety and Road Safe America. These four lobbyists have sent a joint petition to the National Highway Traffic Safety Administration to ask the agency to start working on a regulation that would require manufacturers of big trucks and buses to equip all their new vehicles with forward collision avoidance and mitigation braking systems (F-CAM).  When a truck or a bus  is equipped with a Forward Collision Warning System, the driver is warned by a signal that he is getting too close to a “target” in front of him and if he doesn’t react, the Collision Mitigation Braking (CMB) will automatically apply the brakes  to reduce the impact speed or prevent the collision. The F-Cam system integrates both these technologies. This system has been studied by the NHTSA for a decade now. More recently the NHTSA also published a complete evaluation of the installation of F-Cam system on medium to heavy commercial vehicles that shows the benefits of such a system.

According the the most recent statistics, more than 100,000 people suffer personal injury in truck accidents and close to 4000 of them are dying every year. A large portion of these crashes are rear-end crashes in which the large truck is the striking vehicle that crashed into another vehicle on the roadway.  While every new manufacturer is proposing the F-Cam system on their new new trucks, only 3 % of the trucks on the road are equipped with it. Making this equipment mandatory seems to be the only way to achieve widespread implementation.  Download a PDF of the Petition for Rulemaking

 

 

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Reports of  medical staff suffering personal injury after being attacked by patients or patient’s visitors are on the rise.  Recent cases of extreme violence such as one involving a 68 year old patient attacking nurses with a metallic bar that he pulled from a bed (see video) or the death of a prominent cardiologist at a Boston Hospital who was shot by a gunman last month have led hospitals to revisit their security policy.

Shootings in hospitals are not that common but violence against hospital staff is happening daily. Workers are being kicked, scratched, punched beaten and even sexually assaulted by patients. Emergency room and psychiatric nurses and other workers dealing with elderly patients are the most at risk of being assaulted and injured by a patient. According to the US Bureau of Labor Statistics hospital workers are five time more likely to be assaulted on their jobs than workers in other industries.  Last year a study entitled “Incidence and Cost of Nurse Workplace Violence Perpetrated by Hospital Patients or Patient Visitors” and published by  the Journal of Emergency Nursing indicates that in the last year 76% of nurses experienced violence  (verbal abuse by patients, 54.2%; physical abuse by patients, 29.9%; verbal abuse by visitors, 32.9%; and physical abuse by visitors, 3.5%). Perpetrators were primarily white male patients, aged 26 to 35 years, who were confused or influenced by alcohol or drugs.

Hospitals have started to initiate various programs to train their staff on how to recognize and deescalate potentially violent situations but too little is being done to stop the assaults. According to a recent article, Epidemic of Violence against Health Care Workers Plagues Hospitals  published in Scientific American,  hospital administrators and the judicial system do little to prevent assaults by patients. The cost of violence prevention is small, however, when compared to the amount that hospitals lose in worker-compensation claims every year and in time off due to injury—roughly a third of which is patient-inflicted, according to OSHA statistics.

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On February 4th, around 11 pm, Marco Orellana was hit by a car on North Conduit Avenue near JFK airport. He was transported to the hospital in critical condition. The police announced yesterday  that the man died from his injuries on February 11th. The police also said that they were still investigating the accident. During the accident, The 32 year old driver first struck the pedestrian and then rear-ended a parked car. He stayed at the scene and wasn’t charged. Read more in NewsDay

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When a car accident occurs, some cars are safer than others and will  protect occupants from severe personal injury or death more effectively. The Buick encore and its cheaper version, the Chevrolet Trax just earned the Top Safety Pick award from the Insurance Institute for Highway Safety. To qualify for Top Safety Pick a car  must earn a “good” or “acceptable” rating for small overlap protection and a “good” rating in the institute’s moderate overlap front, side, roof strength and head restraint crash tests. The 2015 Encore received the highest score (“good”) in the small overlap crash test compared to the 2014 model which was rated “poor” in the same test a year before. The small overlap test replicates a collision during which the front corner of a car hits another car or an object such as a light pole or a tree. Read more in the IIHS press release

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A 15 year old girl suffered a severe leg injury after she was hit by a New York MTA bus. The accident happened when the bus driver made a left turn from Union Ave to Grand Street in Williamsburg, Brooklyn, NYC Friday morning. The young girl whose name is Jiahuan Xu was crossing the street in a crosswalk and had the right of way. She was struck by the bus and her left leg was pinned under the wheel of the bus for 15 minutes. The driver, 58 year old Francisco de Jesus was charged with failure to yield and failure to exercise due care. Failure to yield became a misdemeanor last year as part of the Vision Zero program to reduce traffic injuries and fatalities. The bus drivers union was upset with the charges and said that drivers should be exempt from criminal charges related to driving.

 

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A New York pedestrian is in critical condition after a driver slammed into him and tried to run away from the police. The 35 old man year old had just walked out of a Dehli and was crossing the road at Sherman Ave and Sickles Street in Manhattan when 42 year old Hector Mynaya sped down the street and crashed into the pedestrian. The driver sped away and went to hide in a nearby parking garage where the cops apprehended him.

Read more in the New York Post

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AED.jpgWhen a person is injured or dies because of an automated external defibrillator failure, it is often the result of a defective design or a manufacturing flaw such as the inadequate quality control of outsourced components. Automated External Defibrillators (AEDs) are usually stored in public places and ready for use if someone suddenly suffers from a life threatening cardiac arrhythmia. Unfortunately these medical devices have a history of malfunctions. In the last 10 years the FDA received more than 72,000 medical reports associated with defective AEDs. During the same period of time, 111 recalls were conducted affecting more than two million defective products.

Therefore the FDA decided to take additional steps to improve the quality of these products. The agency issued a final order that will require AED manufacturers to submit premarket approval applications (PMAs), which undergo a more rigorous review than what was required to market these products in the past.

Read the FDA press release here

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A construction worker suffered serious personal injury after he got stuck in a pit at a construction site on the Lower East Side in N.Y.C.. The worker was working in a 10 to 12 foot trench that had been excavated to repair a leaking pipe when the accident happened. Mud, dirt and debris started to collapse on the man and and he got trapped up to his chest for an hour until he could be rescued.

See video below for more information about this construction accident

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Recently in New York a young boy getting out of a school bus suffered personal injury after being hit by a reckless driver. Unfortunately this type of accident happens too frequently. According to the National Traffic Safety Administration since 2003,119 school-aged pedestrians have died in school transportation related collisions. Among these fatalities 30% of them involved another vehicle.

Drivers need to exercise extra caution when they drive near a school bus. Here is a video that shows how we can all make the road safer for our children.

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