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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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, Personal Injury Attorneys Ben Rubinowitz, and Evan Torgan write:  There is an old adage that every trial lawyer should accept as gospel: “You don’t get a second chance to make a first impression.” Keeping this maxim in mind, attorneys must strive to make a winning impression early on in the trial so they can use that impression to set the tone for each phase of the remainder of the trial.  Read more in the New York Law Journal .
Download a PDF document of the complete article

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Right of WayLowering the speed limit from 30 mph to 25 mph on Prospect Park West may have saved the life of 5 year old Roark Bennett who was hit by a car at the exact same spot where 12-year-old Sammy Cohen Eckstein was fatally struck by a car two years earlier.  After the death of her son, Amy Cohen became a Vision Zero activist and successfully campaigned to lower the speed limit on Prospect Park West from 30 mph to 25 mph.  Yesterday when Roark Bennett escaped from his parents and ran out in the street against the light, the driver who hit him was travelling at the speed limit and thankfully Roark suffered only minor injuries.  Read more in the NY Daily News

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Every day in New York  City pedestrians and other road users are endangered by reckless drivers who are running red lights.  A study just released by Hunter College indicates that nearly one out of 10 motorists don’t follow the most basic rule of the road.  Lead by Professor Peter Tuckel of Hunter’s sociology department, the study analyzes the behavior of 3,259 motorists at 50 different intersections in New York City. The intersections are all within a few blocks from subway stations.

A total of 283 drivers were caught ignoring red lights. Half of them didn’t even reduce their speed. 85 of them ran the red light as they were turning.

The intersection of Gates and Evergreens Avenues in Bushwick, Brooklyn, NYC, was the most dangerous of all intersections analyzed during the study followed by W50th and Seventh Ave in Manhattan and New Lots and Miller Avenues in Brooklyn.

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truck rolloverA long awaited NHTSA rule has the potential to decrease by 56% untripped rollover crashes (rollover crashes that are not caused by striking an obstacle or leaving the road) of large trucks and big buses.  This new rule requires that all Class 7-8 trucks and large buses be equipped  with electronic stability control (ESC) system. According to the NHTSA “ESC works instantly and automatically to maintain directional control in situations where the driver’s own steering and braking cannot be accomplished quickly enough to prevent the crash.”

This new rule has been a long time coming. The first recommendation to equip large truck and buses with ESC was issued by the NHTSA in 2011.

Read the press release from the NHTSA

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61 year old Robert Ray who served 10 years in prison after admitting he was drunk when he crashed a train in Union Square in 1991 was hit by a car and suffered critical personal injury as he was crossing The Grand Concourse from east to west at E.182 St  in the Bronx last Thursday night. The driver sped off and disappeared in the night. Police who don’t have a description of the car haven’t made an arrest. Read more in the NY Daily News

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wandering preventionIf a nursing home resident who suffers from dementia or Alzheimers gets injured because he or she wandered unsafely or into unsafe places, got hurt, eloped, got lost or became trapped in unsafe areas, the nursing home can be held liable for negligence because it failed to proprely supervise the resident.  Incidents of unsafe wandering happen most often in nursing homes that are understaffed or in which the staff is not proprely trained.

Because wandering represents a significant safety risk to older adults with dementia it is often a reason why a family makes the decision to place a loved one in a nursing home.  A good nursing home will train employees on how to prevent unsafe wandering and elopement, assess each patient on a regular basis as to his or her propensity to wander and balance safety and autonomy while implementing measures to deter unsafe wandering.

Families also need to understand the risks of unsafe wandering and elopement and what they can do to help. Discussions may prepare residents and family members who may be unused to seeing wandering behavior in others, and because residents may begin wandering after moving in, discussions might invite more conversation about past or current behaviors.

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A 35 year old pedestrian was in critical condition after he was hit by a car driven by a 44 year old retired police officer who was drunk. The retired NYPD cop crashed into the pedestrian as he was turning off the Henry Hudson Parkway onto Broadway near W. 254th street in the Bronx, NYC. He remained at the scene of the accident and was taken into custody for drunk driving. The pedestrian was rushed to the hospital in grave condition.

Every month in New York City, there are more than 100 vehicle accidents related to drunk driving. This number reached a peak of 235 in September 2014, went back down below 150 at the beginning of the year and was again above 150 in March 2015.

car accidents alcohol NYC

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Two construction workers as well as several pedestrians and car passengers suffered personal injury in a crane accident in New York yesterday morning. The crane was hauling an air conditioning unit of the size of a shipping container to the top floor of a 30-story building at 261 Madison Avenue, N.Y.C. when a rigging strap broke. The unit first crashed into the side of the building before landing on Madison Avenue between 38th and 39th streets. 10 people were injured by the falling debris. The crane operating company, Skylift, had a similar accident in 2010 during which no one was injured and received two serious OSHA violations.

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Tracy_Morgan_5_Shankbone_2009_NYCTracy Morgan and other people who were injured after a Walmart truck crashed into their limo van have reached  a confidential settlement with the retailer.  The children of comedian James ‘Jimmy Mack’ McNair who was killed in the accident, settled a separate lawsuit for $10 million last January.  Our partner, New York personal injury lawyer Howard Hershenhorn, who is regularly quoted by the New York City Press,  told the Daily News that the deal was likely “multiples of that — many, many multiples of that.” He noted that Morgan, Fuqua and Millea have serious injuries they’ll likely deal with the rest of their lives, and that Morgan — who hasn’t worked since the accident — has a strong claim that his injuries have impacted his substantial earning power.  Read more here
Picture: wikipedia

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An elderly woman suffered personal injury after she lost control of her car and crashed into a doctor’s office in Long Island, NY. The auto accident was caught on tape by a camera that was previously installed by the doctor who got fed up after two other drivers previously slammed into the doctor’s office and fled the scene.  The tape shows the car barreling across the roadway barely missing another car and hitting the fence at full speed before ending up in the medical building owned by the doctor. The elderly woman was taken to the hospital with non-life threatening injuries. The police are still investigating  the cause of the car accident.

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