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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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Leaves-in-the-yard-scaledAt each season change, doctors and ERs are seeing a change in the type of injuries and illness they are treating.  Some of the most common injuries suffered by people in New York State during the fall are back strains and sprains related to raking leaves and other gardening activities.

As simple and easy as it might seem raking leaves is sending hundreds of people to the emergency room every year. The repetitive movements and the twisting as well as the lifting and reaching are causing over 28,000 people in the US each year to suffer from back, neck and shoulder injuries.

However if effectuated proprely raking leaves is considered a moderate physical activity that can help you build upper body strength as well as strength in your back and stomach and get you plenty of fresh air.  Here are a few elements that you should consider to avoid getting injured or sick:

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A moped rider and 2 pedestrians were struck by cars in New York City in less than 24h.

In the first accident a driver hit a 94 year old man in a motorized wheelchair. The accident occurred yesterday afternoon on the Upper East Side of Manhattan. The elderly man was crossing 5th Ave at the intersection of 95th street. He was in the crosswalk when a 32 year old driver struck him. The victim was critically injured and was rushed to the hospital. He is now in stable condition according to the NY Daily News.   The driver stayed at the scene of the accident and wasn’t charged as police indicated that it was not clear who had the right of way.

https://www.youtube.com/watch?v=F6In0OUvQm8

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While injuries declined, a surge in New York traffic fatalities for all categories of road users – pedestrians, cyclists, motorists and passengers – was recorded during the third trimester of 2020 compared to the same period of previous years.  77 people died in motor vehicle accidents this summer compared to respectively, 56, 59, 65, 61, 60, 76 and 82 in 2019, 2018, 2017, 2016, 2015, 2014 and 2013. This recent data brings the number of traffic fatalities in the city to its highest since the beginning of Vision Zero and very close to pre-Vision Zero levels. The rising number of traffic deaths occurred in a city that had far less people living in it than usual as many New Yorkers took off for the summer and most foreign tourists were unable to enter the US because of the Covid-19 restrictions. Speeding is  a factor in many of these fatalities. Street safety advocates are also pointing the finger at Mayor de Blasio who decline to listen and apply the recommendations of his COVID-19 transportation recovery panel.

Traffic fatalities NYC third quarter 2020
The number of motorist deaths was at its highest since the beginning of Vision Zero in 2014. 31 motorists died in New York City during the third quarter of 2020 compared to respectively, 21, 26, 22, 13, 16, 21 and 36 during the third quarter of 2019, 2018, 2017, 2016, 2015, 2014 and 2013.  Motorist fatalities which were still on a declining trend during the third quarter of 2019 are now on a perfectly flat trend.

Motorist Deaths NYC Third Quarter 2020
Despite more than doubling – from 4 to 9 – between the third quarter of 2019 and the third quarter of 2020, the number of passenger deaths recorded during the third quarter of 2020 remains on a slightly declining trend when looking at the entire Vision Zero period.

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New York Child sexual abuse lawyer Ben RubinowitzOur managing partner, New York Personal Injury Attorney Ben Rubinowitz, will be speaking at the New York State Trial Lawyers Association webinar “DECISIONS 2020: Recent Developments in Tort Law”.

The webinar will take place on October 26, 28 and November 2, 4 and 9 from 5:00pm to 7:00pm. Ben will be speaking about the most recent developments in Trial Practice on Monday November 9.

The rest of the program will also address the following subjects:

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16 people were injured after a defective pedal on their peloton bike broke. Five of them required medical care such as stiches in their lower leg.  Peloton Interactive, Inc. a New York based company, received so far 120 complaints of defective pedal and announced on October 15 that it was recalling the PR70P Clip-In Pedals fitted on Peloton bikes  which were sold between July 2013 and May 2016. The potentially defective pedal has a orange logo and the name Peloton is printed in white letters next to it.  It was manufactured in Taiwan. While Peloton recommend consumers change their pedals every year, consumers who bought the PR70P Clip-In Pedals are being notified directly by the company that will let them know how they can receive free pedals with accompanying instructions on how to install them.

5,700 defective Extension Cord Splitters sold by Homerygardens at Walmart and Amazon.com recalled the same day

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teen driverCar accidents are the number one cause of teen fatalities and disability in the US. Close to 2,000 young drivers between 15 and 20 year old die in car crashes every year. This doesn’t include the deaths of passengers riding with teens or other road users including cyclists and pedestrians who died in traffic accidents caused by teens.  A majority of auto accidents caused by teens are related to lack of scanning, speeding and distraction such as using a cell phone or travelling with other teen passengers.

Based on analysis of previous teen accidents, the Ohio Bureau of Motor Vehicles tested a portable driver simulator system that has the ability to predict with accuracy which teen will pass the on-road exam and which one will fail. Additionally the simulator can highlight which driving errors are associated with failing the test.

The simulator was originally developed by researchers at the Children Hospital of Philadelphia (CHOP) who created  a laboratory-based driving assessment that safely put teen drivers in common crash scenarios and measure their skills at avoiding accidents.  As the development appeared to be successful, CHOP created a spin off called Diagnostic Driving to commercialize the technology.  The product is  now in a pilot stage in the form of a cloud-based software application called Ready-Assess™.

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traumatic-brain-injury-picture-1A concussion is a traumatic brain injury that affects the brain function. It is diagnosed quite frequently among children however its diagnosis remains challenging. Doctors often rely on symptoms and historical factors.

A recent study published by the “Minds Matter Concussion Program at the Children’s Hospital of Philadelphia” found that the Visio-Vestibular Examination is an easy and useful tool to distinguish to concussed from not concussed children following a head injury. The exam can also be conducted outside of the Emergency Department setting.

The Visio-Vestibular Examination (VVE) is a series of examinations that determine if the patient has some degree of visio-vestibular deficit such as impaired eye movements and pupil response. The following examinations are being done:

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opinion for hire with NYC Personal Injury Attorney Ben Rubinowitz
Our Managing partner, Ben Rubinowitz, will be speaking at the 11th event of the Champions of Trial Boot Camp series hosted by Rich Newsome, Troy Rafferty and Mike Kelly on Friday September 25th at 1:00 pm ET on Zoom. The lesson which is part of a twelve-lesson trial advocacy class is entitled “Opinions For Hire – Effective Cross Exam of Defense Doctors, Engineers and Other So-Called Experts”.

During this  webinar, participants will have the opportunity to learn and hone their skills on the following topics:

  • Law and rules
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Two men died after their car collided with a tractor trailer truck on the New York State Thruway. 27 year old Moshe Herzog and 26 year old David Z. Schneebalg, two EMTs,  were coming back home after spending Rosh Hashanah out of State. As they were driving in the middle lane, near Exit 14B at Airmont Road in Rockland County, Herzog who was driving the car, struck a tractor trailer in the right lane. The accident occurred early Monday morning around 2:00 am. The impact was so intense that both vehicles crossed the right shoulder and plunged into a ditch. The car burst in flames as one of the men was screaming for help. Both men were pronounced dead at the scene of the accident. They were both members of the Haverstraw Ambulance Corps and the William P. Faist Volunteer Ambulance Corps. Their colleagues heard them screaming for help on the local EMS channel to get them out of their car. They ran to the rescue but it was too late. The truck driver survived. He was pinned in his truck and had to be pulled from the wreckage and transported to the hospital.

Both Herzog and Schneeblag were greatly appreciated for their work for the community. Even though they lived in Ramapo, they would frequently answer radio calls to serve Haverstraw if extra ambulances were needed.

Last year Herzog was honored by the Rockland County Legislature after he went on a 7-hour drive with a colleague to look for a rabbi who drowned in the sea off the Virginia Coast. Herzog was able to bring back the body of the rabbi to the family so they could get closure. He was just a very giving man, always ready to help. He will be dearly missed by the community.

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A FDNY fire truck crashed into an ambulance killing the patient and injuring 11 others. The truck accident occurred on Thursday around 12:50 am. An ambulance transporting 59 year old Jamil Almansouri, a patient with a cardiac emergency was rushing North on Throop Avenue with its lights and sirens on. As the ambulance crossed the intersection of Myrtle Ave, a FDNY truck responding to a call for an apartment fire with all sirens and lights on as well, t-boned the ambulance. The patient flew across the ambulance and died. Almansouri was a Yemeni immigrant who owned a neighborhood bodega in Brooklyn and known by everybody as “Mike”. His sister, Granna Ahmad, who was in the ambulance with him survived, however she suffered multiple personal injuries including a broken back and two broken legs. She also lost all her teeth. The medical technician who was in the back with the deceased victim and his sister also suffered serious injury. The driver of the ambulance was hospitalized and required surgery for a serious leg injury. Six firefighters were also taken to to the hospital as well as two other people who were in a car waiting at a traffic light and whose car was also struck in the crash.

The firemen received a call at 12:43 initially reporting that people were trapped in a building. 6 minutes later the ambulance picked up Alamsouri who was in critical condition and took off for Woodhull Medical Center. Two minutes later, both vehicles crashed into each other, 3 blocks away from the  apartment fire. Thankfully, only one resident was living in the building and he was able to escape on his own.

According to preliminary investigations, the ambulance had the green light while the fire truck had the red light. However both vehicles had the right to bypass the light as they were both responding to a 911 emergency.  Some protruding scaffolding on a building near the intersection might have blocked the view of the fire truck driver.