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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ambulance at accident sceneThree construction workers suffered burn injuries at a construction site in the Bronx on Monday afternoon. These workers failed to provide proper proof of training and did not possess a permit for using a propane torch. They were performing a waterproofing job near Holland Avenue and East Gun Hill Road when the incident occurred. The workers were burned as some of the waterproofing material caught fire. The severity of the incident prompted a massive response from the Fire Department of New York (FDNY).

The construction site in question has become a hotbed of safety violations, with New York City issuing over 25 violations in the past year alone. Shockingly, twelve of these violations are still open and directly relate to construction safety concerns. This pattern of negligence is deeply concerning and suggests a lack of commitment to providing a safe working environment for construction workers. On the day of the incident, five new violations were issued, further illustrating the disregard for safety protocols.

History of Stop Work Orders

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A total of 11,176 people were injured in NYC crashes during the first quarter of 2023 according to monthly statistics from the NYPD including 809 cyclists, 2,163 pedestrians, 3,310 passengers and 4,894 motorists. This is compared to 10,501, 8,984, 12,997, 12,920, 12,608, 11,936, 10,805, and 11,676 during Q1 of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013 respectively. The number of people injured in traffic accidents during Q1 of each year shows how injuries first declined after Vision Zero started in 2014 and 2015, compared to 2013, and then jumped again in 2016. The number gradually increased to pass 12,000 in 2017 and reach a record high of 12,997 in 2019 due to the increase in distracted driving accidents caused by cellphones and other electronic devices. Crash injuries dropped again in Q1 of 2020 and 2021 due to the decline in activity in the city caused by the pandemic, and gradually increased again in Q1 of 2022 and 2023 as the city gradually became more active again.

NYC auto accident injuries by category Q1 2023
Since Vision Zero started in 2014, the number of people dying in car accidents during the first quarter of the year has never gone back to 69, the number of crash fatalities reached during Q1 2013. However, after Vision Zero started, traffic fatalities reached a record high at 58 during the first quarter of last year and remained high during the first quarter of this year with 47 fatalities.

While the number of passenger fatalities dropped significantly from 17 to 6, the number of bicyclist fatalities reached a record high during the first three months of the year. The warm winter, the increased popularity of e-bikes, as well as the more intense truck traffic generated by internet shoppers, are among the factors that contributed to this explosion of fatalities among cyclists.

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schoolbus1Less than one week after a car crashed into a school bus in Westchester county, a pickup truck collided with a school bus near Meadowbrook Elementary School in East Meadow, LI, yesterday afternoon. The bus was carrying 41 students between the ages of 5 and 11. Thirteen students, as well as the bus driver, were transported to the hospital with minor injuries. The pickup truck driver also sustained minor injuries and was pulled from his vehicle.

All injuries related to the school bus crash were said to be minor, including that of the pickup driver who had to be pulled from his wrecked truck. According to Nassau County Police Commissioner Patrick Ryder, the blue pickup smashed into the bus while making a left turn from a school parking lot around dismissal time. It’s not clear what led to the crash, though Ryder said speed and distracted driving were being eyed as possible causes. It is not believed that alcohol played any role. An investigation is ongoing.

Is it safer for parents to drive their children to school?

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deadly traffic accidentsThe recent string of pedestrian accidents in Queens and Manhattan over the last week-end is deeply concerning as it seems that every week-end in New York City a few more people are getting killed in traffic accidents. Our pedestrian accident lawyers  are not the only one to express concerns about the increased number of traffic deaths in New York City. In a recent column for the New York Times, Ginia Bellafante  point fingers at the increased number of traffic fatalities in the city and highlights the dangers of Atlantic Avenue. Confirming these concerns, Transportation Alternatives just released today its quarterly traffic fatalities report showing 51 people died in traffic accidents during Q1 including a record 9 bicyclists.

Last weekend’s carnage

The first accident involved a hit-and-run driver who struck and killed Darryl Younger, a Department of Education employee who was on his way to work as a school lunch loader and handler. The driver who struck him was traveling south on Jackson Ave. and is still being sought by police.

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Teen driving crashes infographicAs car accident lawyers, it is heartbreaking to hear about the recent crash in Westchester County that left several teenagers seriously injured, some with life-threatening injuries. This tragedy once again highlights the dangers of teen driving and the devastating consequences that can result when young drivers are not properly trained and licensed.

According to reports, the crash occurred when an unlicensed 16-year-old driver lost control of his Honda Accord while driving with three passengers. The car crossed into the lanes of oncoming traffic and collided head-on with a school bus carrying multiple passengers, including several high school students.

The impact of the crash was severe, and several people suffered serious injuries

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Bronx DA ClarkThree contractors have been indicted by the Bronx District Attorney’s office for manslaughter and criminally negligent homicide charges in the death of a construction worker. The victim was Segundo Manuel Huerta Mayancela, who was crushed by 1,000 pounds of debris at the construction site in 2019. 5 other construction workers suffered injury in the accident. The contractors involved in the incident have been charged for falsifying credentials, flouting safety standards and disregarding worker’s protections.

The contractors were charged for creating egregiously dangerous conditions at the building site, where they flouted building safety codes and ignored worker’s protections. According to the investigation carried out jointly by the NYC Department of Investigation and the Bronx DA, the contractors falsified credentials and permits and ignored oversight requirements, creating a dangerously unstable structure that led to Mayancela’s death.

The Bronx DA, Darcel D. Clark, said that the death of Segundo Manuel Huerta Mayancela was entirely preventable and that the construction site was a death trap waiting to happen. She emphasized that workers are not expendable, and anyone who puts construction workers at risk in an already hazardous profession would be held accountable. Clark also highlighted that the case predates the Carlos’ Law, which was enacted to create greater accountability for tragic and avoidable injury to workers at New York construction sites and increase penalties for criminal corporate liability for the death or serious physical injury of an employee.

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parking garage collapses in NYCOn Tuesday afternoon, a parking garage on Ann Street in Lower Manhattan collapsed, resulting in the death of one person and injuring five others. The collapse caused cars to pancake on top of one another, sending rubble from the top deck down to street level. Videos and pictures from the scene showed the extent of the damage, with dust rising from the wreckage.

As premises liability attorneys in New York City, it is alarming to see accidents like this happen. It is the responsibility of property owners to ensure that their premises are safe for those who use them, including visitors and employees. The collapse of the parking garage raises questions about the safety measures in place, maintenance of the structure, and whether there were any prior warnings of potential issues.

The building had open violations dating from 2003

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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Lithium ion battery can be dangerousOur personal injury law firm is concerned about the recent news regarding lithium-ion batteries causing deadly fires in New York City. According to reports, a 64-year-old man died in a Bronx apartment fire caused by a defective lithium-ion battery over the weekend, and the FDNY has reported 33 fires caused by these batteries this year, resulting in three deaths and 42 injuries.

To address this issue, Mayor Eric Adams signed  five bills into law aimed at preventing fires caused by lithium-ion batteries in New York City (see our previous blog about these bills related to e-bike battery safety). 

While the bills only address lithium battery safety in New York City, there is a need for federal legislation to ensure that batteries are safely manufactured and used. Currently, compliance with safety standards is voluntary, and the wide availability of uncertified or after-market tampered batteries is contributing to the problem. Additionally, a change in federal law in 2016 exempts imports below $800 from inspection and tariffs, which has made it easier for uncertified or unsafe batteries to enter the market.

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protected bike lanes save livesAs personal injury lawyers and bicycle accident lawyers, we applaud the recent decision by the Upper West Side Community Board 7 to back crosstown protected bike lanes. This move is a significant step forward in promoting safer cycling and reducing the number of bicycle accidents in New York City.

Cycling is a popular mode of transportation in New York, and it is essential to have adequate infrastructure to support it. Protected bike lanes provide a safe and secure environment for cyclists to ride, reducing the risk of collisions with motor vehicles, pedestrians, or other obstacles on the road. Studies have shown that protected bike lanes can reduce the number of crashes by up to 90%.

Bicycle accidents often result in catastrophic injuries or death

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