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 pedestrian died and two other people were injured in a car accident in NYC on Sunday. The accident occurred at the intersection of E. 94th Street and Avenue K in Canarsie, Brooklyn. The driver of a SUV struck another car, lost control of the vehicle that slammed into two pedestrians waiting to cross the road. The pedestrians were a couple living nearby. The wife, 51 year old, Chooi Tan  suffered severe injury. The couple as well as the driver of the car hit by the SUV were all transported to the hospital. Chooi Tan died at the hospital while her husband and the driver were in stable condition.

The driver of the SUV and a passenger fled the scene of the accident by foot. The police are still looking for them. The SUV was reported stolen last Friday.

Read more in the NY Daily News

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Several bicyclists were injured in an accident with a motorcycle in Brooklyn, NYC. The bicyclists were all participating in the the popular Red Hook Criterium 30k bike race in Brooklyn. The motorcyclist who was supposed to ride ahead of the race stalled near the start of the men’s final race. A bicyclist struck the motorcyclist and then a second one obstructing the narrow passage which competitors were riding through, resulting in a massive pile-up of dozens of bicyclists (see video). Seven bike riders were taken to the hospital to be treated for non- life threatening injuries. The men’s final was restarted shortly after the accident.

Read more in the NY Daily News

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In New York City there are around 3,500 motor vehicle accidents related to distracted driving every month. It is the main cause of accidents in the city. Many New York drivers consider their cars like a second office and handle all kinds of businesses that require using their phone while they are behind the wheel. Despite multiple campaigns to try to convince drivers not to text and drive, a recent At&T survey indicates that Americans continue to illegally use their mobile phone while they are driving. They are not only texting but they are also engaging  in social media, surfing the web and even having video chats.

The increase in car accidents related to texting and driving can be somewhat compared to the drinking and driving crisis in the 80ies. Several road safety advocates who have previously been involved in campaigns to reduce the number of accidents related to drunk driving are now working on campaigns to reduce distracted driving.  These advocates believe that distracted driving so far hasn’t been treated as seriously as drunk driving and that more needs to be done including at the legislative level.

In New York, lawmakers are considering introducing a textalyser.  Just like the breathalyzer is able to check alcohol blood level, the textalyser is be able to check if the driver was texting behind the wheel. According to lawmakers the textalyzer does not access private data but only checks if the driver was using the phone to text, email or do anything else illegal under New York’s hands free driving laws.

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A young pedestrian was struck by a car in New York City last week. The accident happened at the dangerous intersection of E. 165th St. and The Grand Concourse in the Bronx. The 11 year old boy was crossing the Grand Concourse when he was struck by a car driving South on E. 165th Street. The boy was critically injured during the accident. (read more in the NY Daily News)

E. 165th Street between Jerome Ave and Melrose Ave was flagged by Vision Zero  for a safer street redesign. Between 2009 and 2013, two pedestrians died, 37 were injured (including 5 severely) and 6 bicyclists were injured in traffic accidents at this specific part of the street.  The two fatalities occurred at the intersection of E. 165th St. and The Grand Concourse where the 11 year old boy was critically injured last week.

According to Vision Zero statistics, 50% of the pedestrian accidents on E 165th street are caused by drivers failing to yield and 28% of all motor vehicle crashes on this street took place while a driver was making a left turn.

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rubinowitz_torganIn their recently published Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “While the theory behind the need for an independent medical examination makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. Some plaintiffs exaggerate injuries, some examining doctors minimize their findings. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.”

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car van crashA speeding driver blew a stop sign and crashed into a van with six passengers after which he ran by foot from the scene last Friday night in NYC. The car crash took place at the intersection of Shore Ave and Princeton Street, in Jamaica, Queens, NYC around 11:00 pm. 6 church goers were coming back from a service in a van when a rental car crashed into them. The impact was so strong that the van flipped upside down. The police believe the driver stole the rental car on a nearby  street shortly before the accident. The passengers of the van were a pastor and his pregnant wife, their 3 month and three year old children, another family member and a teenager.   Thankfully the 6 of them only suffered minor injuries. The police are still looking for the hit and run driver.

Read more on the New York CBS Local website

Picture: Jack.Danielz526 on Instagram

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printing houseA construction worker died after a scaffolding plank fell on his head at a New York construction site. 32 year old Luis Mata, was dismantling scaffolding at the Printing House Luxury Condos on Hudson Street when one of the planks became loose and fell 10 stories on his head. The construction worker was wearing a hard hat but the impact was so strong that he suffered severe head and neck injuries. He later died from his injuries at the hospital. Luis Mata was a non union worker from Mexico. He was living with his uncle in Westchester County. He was supporting his mom in Mexico.

Unfortunately we are seeing an increasing number of construction site accidents on non union jobs, as a result of contractors not implementing proper safety measures.

Following the accident, the NYC Department of Building issued a partial stop work order on the building. DOB records for the building located at 421 Hudson Street show that at the time of the fatal accident, the building had 6 open ECB violations including two class 2 and two class 1 violations  as well as 8 DOB violations.

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KingsbrookA hard hat worker suffered critical injury in a NYC construction accident yesterday. A construction truck hit a suspended cable line causing a pole to fall, knocking down the construction worker into a 15 foot trench. The accident happened at the corner of East 49th Street and Rutland Road in Brownsville, next to the Kingsbrook Jewish Medical Center.

When Brian Yokers, one the ER doctors at the Kingsbrook Jewish Medical Center, heard about a worker in cardiac arrest at the construction site next to the hospital he ran out to the construction site and followed the crowd to the trench. The worker was still breathing when he arrived. He stepped down the ladder into the trench to help the worker.  He held his head stable to prevent a spinal cord injury until the FDNY arrived with a neck brace. The worker was then placed on a backboard and hoisted out of the trench. He was then transported to the Kings County Hospital.

Kudos to Brian Yokers!

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In New York  City’s heavy traffic, bicyclists who are commuting to work are facing the risk of being injured or dying in a bicycle accident. As part of the Vision Zero initiative, Mayor Bill de Blasio wants to make New York City a friendly city for bike commuters. Protected bike lanes have proven to be one of the best ways to protect bicyclist from injury or death by negligent car drivers. Unlike regular bike lanes, that are often blocked by cars, protected bike lanes physically separate car traffic and bicycles with concrete, trees or parking lanes.

In 2016 the DOT will implement 15 miles of these types of bike lanes in the City. Last year 12 miles were added. Among this year’s projects, the DOT has work planned and in progress in the following areas of the city’s five boroughs:

  • In the Bronx: using excess roadway space on the accident prone area of Bruckner Boulevard between Hunts Point and Longwood Ave to create a protected bike lane (read more on Streetblog and download DOT PDF here )Protected bike lane Bruckner Blvd
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Bicycle accidents injuries deaths NYC February 2016Bicycle accidents in New York have been on the rise in recent years and so have the number of people injured or killed in these accidents. Commuting by bike has become quite popular among New Yorkers but it remains quite dangerous mostly because car drivers are driving negligently.

Despite new Vision Zero safety measures such as street re-design and the addition of miles of protected bike lanes the biggest danger bicyclists are facing in the city are negligent car drivers. To raise awareness about the danger that commuters are  facing while using their bicycle to go to work, Jake Dobkin from the Gothamist has asked several colleagues who use their bikes for their daily commute to film their ride.

Jack Dobkin commutes daily between Park Slop and Dumbo in Brooklyn and he is using his bicycle to go to work as well. In Episode One of this series, Jack shows his own daily bicycle ride to the office. Jack says that he’d rather ride one more mile on each commute to avoid using Jay Street which is one of the most dangerous street for bikers in NYC (if you want to understand why check the video clip on our( NYC bicycle accident lawyer page).