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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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6 pedestrians were injured in Manhattan after a driver plowed into a group of protesters last week (see video below). 52 year old Kathleen Casillo, from Queens, was driving a 2019 BMW Sedan near the intersection of 39th Street and Third Ave when she crossed road with a group of a protesters marching to support a group of ICE detainees observing a hunger strike at a detention center in Bergen, New Jersey.

According to protesters, the woman got into the back of the protest with her car and some protesters got concerned that she was driving too fast. The car got surrounded by a a small group of protesters including one of them who leaned over the front of her car in an attempt to slow her down. Instead of slowing down, the woman who was in the car with her 29 year old daughter took off and charged the protesters, driving into the crowd at high speed. Several pedestrians got hit and went flying into the air while others were screaming and running away in panic. The woman was apprehended by the police shortly after and arrested.  She was charged with reckless endangerment and released and day after. She is due in Court on February 22nd. As the police arrested the woman, ambulances pulled in and EMS attended to the injured people.

Several incidents of cars charging protesters occurred in the city this year starting in May with two NYPD patrols who rammed into protesters in Brooklyn

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location of the bicycle accident on Second AvenueAround 20 people are injured in bicycle accidents in New York City every day. The majority of these accidents are cyclists struck by cars. When a cyclist is struck by a motor vehicle, the injuries are often serious because cyclists do not have any protection expect sometimes for their helmet which is not mandatory in New York City.

Most common injuries sustained by cyclists in a crash are head injuries

Head injuries account for around half of bicycle accident injuries. They can lead to long term disabilities especially for those cyclists who suffered traumatic injury such as skull fracture, cranial hemorrhage, concussion or contusion. Other frequent injuries sustained when a cyclist is hit by a car are fractures and dislocation  including facial, dental and ribs fractures. Internal organs are often injured as well and ruptured spleen, pancreatic trauma, bowel and renal contusions as well as hernia are frequent. Cyclists also frequently get impaled by their handle bar resulting in life-threatening injuries.

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Calico Critters can cause personal injury to childrenGo Launch Missile can lead to eye and facial injuries
FX Claw can cause eye and face injuries
Gloria Owl can cause aspiration injuries
Superstar fist can cause blunt injuries
SCI-FI Slime contains dangerous chemicals
Boomerang UFO can cause cut and propeller related injuries
Boom city can cause face injuries
Babies minis can cause choking injuries
saber toys can cause injuries
Some toys are more dangerous than others and can potentially lead to personal injury and sometimes even death to children. Every year before the holidays, the children safety advocates World Against Toys Causing Harm, Inc. (W.A.T.C.H.) publishes a list of the 10 most dangerous toys.

Below are the 2020 “10 worst Toys Nominees”:

  1. CALICO CRITTERS NURSERY FRIENDS sold by Walmart, Amazon and Kohl’s for children above 3 year old. This toy contains small pieces, including a toy pacifier, that are very appealing to oral-age children and can cause choking injuries.
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location of the e-bike crash with Rolls RoyceA Man who was seriously injured in a e-bike accident near the Queens-Midtown tunnel on Saturday November 28th died from his injuries, the NYPD announced on Tuesday. 28 year old Jakir Hossain from the Bronx was riding an electrical bike on East 38th Street, Saturday November 28th around 8:45 pm when he was struck by the driver of a Rolls Royce convertible travelling North on Tunnel Exit Street. The cyclist was ejected from his bike and suffered multiple trauma to his head and his body. He was transported to the hospital where he died from his injuries after more than a week of pain and suffering.

The 30 year old driver of the Rolls Royce was not charged. The investigation is still ongoing. The report mentions that the driver had the green light . Tunnel Exit Street is notoriously dangerous. Drivers are speeding and visibility is bad. Last year 17 crashes were reported on this short street segment.

The death of Jakir Hossain once again demonstrates that while more and more people are riding bicycles in  New York City, many streets of the city are still extremely dangerous to ride and more should be done to protect cyclists. Read more in Street Blog

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location of the crashA mother of six children suffered life threatening injuries in a car accident in New York City early Tuesday morning. The accident occurred a little bit after midnight. The 32 year old victim identified as Malka Braver was riding in the back of a Honda Accord driven by a Lyft driver. As their car was crossing the intersection of Dekalb Avenue and Bedford Avenue (see Google map picture on the left) with the light in their favor, a reckless driver speeding down Dekalb Avenue in a Dodge Charger blew the red light and T-boned the back of the Lyft car. The impact was so intense that the victim got ejected from the Honda which spun around, crashed into another parked vehicle and jumped the curb to finally stop right in front a the entrance of a deli. The victim was rushed to the hospital where she is still fighting for her life. The Lyft driver and the Charger driver both suffered minor injuries and were also transported to the hospital according to the police. The driver of the Dodge Charger was identified as 22 year old Ryan Ortiz from Middletown, NY.  The car driven by Ortiz was a souped-up dodge charger with vanity plates “SCR3AM” and a wrap-around design from the horror movie Scream. Videos of the car performing donuts in the Kings Plaza Shopping Center parking lot a few hours before the accident were found on social media. Ortiz was not arrested and the investigation is ongoing. Read more in the Gothamist  .

One day earlier another young driver killed his passenger and almost killed himself in reckless Queens crash

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After reaching a record high in September, NYC auto accident fatalities remained high with 12 pedestrians, 1 cyclist, 4 passengers and 7 drivers killed in auto accidents in October compared to respectively 13 pedestrians, 6 bicyclists, 2 passengers and 14 drivers last September and 9 pedestrians, 3 cyclists, 1 passengers and 5 drivers in October 2019 (click on graphs for full format)

After remaining below 20 for the last 4 years, motor vehicle accident fatalities for the month of October  are back to pre Vision Zero levels with a total of 24 people killed on NYC streets.

Auto accident deaths NYC October 2020
While the number of traffic deaths was higher, the number of people injured in car accidents in New York City was at the lowest level for for the 8 years under review in the graph below. A total of 4,235 people sustained injuries in traffic accidents in the city compared to respectively 5,204, 5,498, 5,450, 5,083, 4,851, 4,692 and 4,830 in October 2019, 2018, 2017, 2016, 2015, 2014 and 2013.

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5 construction workers died  and 240 were injured in New York City between June 1st and October 31st. Last year during the same period, 6 workers died and 275 were injured in NYC construction accidents.

After a slow down in March, April and May related to the Covid-19 lock down, the construction industry resumed work in the city. Out of the 5 fatalities, 3 occurred in Brooklyn and 2 in Manhattan. 3 of them were falls. Fall is the number one cause of fatalities on construction sites in New York and in the US.

  • On June 20, at a construction site located at 1154 39th Street, in Brooklyn, an unlicensed worker who was installing new junction boxes electrocuted himself  and succumbed to his injuries.
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Snow stormWinter storm related injuries and fatalities can often be prevented by preparing ahead. Now is the time for individuals and employers to prepare and get ready for future winter snow storms. The occupational Safety and Health Administration just released a set of guidelines that covers most winter weather related hazards and how to prevent them:

  • Winter driving is always hazardous, OSHA recommends drivers who have to drive in wintery conditions to follow the “3 P’s of safe driving: “Prepare for the trip”, “Protect yourself” and “Prevent crashes on the road”. Preparing for the trip means checking that the car is well maintained, making sure that the breaks are proprely balanced, that the cooling system has a proper mix of antifreeze and water, that the battery is fully charged, that the tires are in good condition and proprely inflated, that the windshield wipers are in good condition and that your windows are clear. Protect  yourself  and your passengers by making sure everybody buckles up and children are in proper seats in the back. Prevent crashes by avoiding drugs and alcohol, keeping a safe distance between cars, keeping alert for pedestrian and avoiding fatigue.
  • Special precautions should be taken for workers exposed to traffic as drivers may skid or loose control of their vehicle during winter weather and strike workers. Signs, cones barrels and barriers should be set up to protect workers.
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location of the bike collision
A New York cyclist who was struck by a car died from his injuries one week after the accident occurred. On Saturday November 7th around 1:00 am , Juan Tiu-Caxaj was riding his bicycle on Autumn Avenue. As he crossed Fulton Street he collided with a car heading westbound on Fulton Street. The driver stayed at the scene of the accident. He was not charged. The young victim suffered head trauma and was transported to the hospital. His condition was stable but  it deteriorated and he died from his injuries a week later.

According to the police, the cyclist rode through a stop sign just before the collision.  The investigation is still ongoing to find out the exact cause of the accident.

According to Vision Zero studies, East New York is among the most dangerous areas in New York for bicyclists. However so far not much has been done in this neighborhood to promote bicyclists safety compared to other areas of New York City like Manhattan.

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photo__2573607_christopher_conadio_pp-1Our partner, Christopher Donadio will be one of three Distinguished Panel Members at the “How to Effectively use a Neurosurgeon in the Courtroom” CLE program organized by The New York City Chapter of the American Board of Trial Advocates (ABOTA) & The Defense Association of New York tomorrow from 5:00pm to 7:00 pm EST via ZOOM.

Christopher will speak about the Plaintiff’s Perspective while the second panel member, Jenine Gerrard, a defense attorney with Lewis Brisbois Bisgaard & Smith LLP will speak about the Defense Perspective. The other member of the panel is Dr. Christopher Allyn Lycette, a Board Certified Neurosurgeon. The program will be moderated by Sean Dugan, an attorney with Martin Clearwater & Bell LLP.

Suitable for both  experienced and newly admitted attorneys, the panel fulfills 2 CLE skills credits. It is not too late to subscribe for this 2-hour Zoom Program that will start tomorrow, Tuesday November 12 at 5:00pm. Click here to subscribe or download the PDF

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