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 Wrongful Death

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Fernando Vanegaz died in a NYC construction accident18 year old Fernando Vanegaz died in a construction accident in Brooklyn, NYC, in September 2015. Two of his colleagues were also seriously injured in the accident. The construction workers were hired by  Michael Weiss an unlicensed contractor who was running an illegal construction site. Michael Weiss asked the workers to dig in an area where the NYC DOB had ordered not to excavate. The workers didn’t have much experience in excavating. When they asked for back up, the contractor ignored them. He also refused to provide any underpinning, shoring or bracing  after workers noticed a crack in a wall. Several times the workers expressed their concern about the crack in the wall, fearing for their lives. The contractor continued to ignore them. Then the tragedy happened, the wall collapsed, killing the young Fernando Vanegaz and seriously injuring two other of his co-workers. Both of them had to go through multiple surgeries for injuries to their spine, skull and facial bones.  The reckless contractor is now facing up to 15 year in prison.

Read more in the New York Times

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accident scene34 year old Jonatan Segura was drunk and speeding the night he killed one pedestrian and injured another in a car accident in New York last January. Segura plead guilty to manslaughter, two counts of assault, homicide, leaving the scene, and drunk driving as well as misdemeanor assault and misdemeanor leaving the scene of an accident. He is facing 4 to 12 years in prison.

On January 30th around 4:00 am, Segura was driving on 181st Street near Amsterdam Avenue when he lost control of his BMW sedan. He was drunk and he was speeding. He hit a pick-up truck and two pedestrians. One of them, Encarnation died form his injury at the hospital, the other one, a 46 year old woman was seriously injured.

Segura fled the scene of the accident on foot leaving behind him two seriously injured people and his car completely destroyed by the high speed impact.

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GM logoAfter the scandal of the defective ignition-switch that lead to the death of at least 124 people, GM is again suspected of mishandling a recall related to defective headlights.  The National Highway Traffic Safety Administration announced this week in a report that they are now investigating a 2015 GM recall of  429,000 vehicles with a possible defective Headlamp Driver Modul (HDM). The 2015 recall occurred after customers complained that the HDM was not operating proprely and that the low beam headlamps and daytime running lamps were failing to illuminate. The following vehicles were recalled: model year (MY) 2005-2009 Buick LaCrosse, 2006-2007 Chevrolet Trailblazer/GMC Envoy/Buick Rainier, 2006 Chevrolet Trailblazer EXT/GMC Envoy XL, 2006-2008 Isuzu Ascender/ Saab 9-7X, and 2007 Pontiac Grand Prix vehicles.

The NHTSA now suspects that the scope of the GM recall was too limited. Since the recall occurred the Office of Defects Investigation (ODI) received 128 complaints related to issues with headlights of GM cars that were not included in the recall but built in the same year as the recalled models. Most vehicle owners complained that they simultaneously lost both headlights with no warning. The ODI also found out that vehicle owners whose cars were repaired after reporting that headlight failed to illuminate had the same component replaced as the component that was replaced in the recalled cars.

So far no crashes have been reported. In one of the reports the owner of a 2007 Chevrolet TrailBlazer said that both headlights failed as he was driving during a rainy night on a steep curvy highway. He explained that he was facing a truck in a curve and as he dimmed his headlights they both shut down and all he could hear was the horn of the truck trying to avoid his car. When he complained to GM, GM’s answer was:  ‘No recall. Your problem.’

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Since 2011, 52 construction workers fell to their death in New York City. In its recently published First Quarter Report, the Center for Construction Research and Training (CPWR) is highlighting how the surge in work permits over the last few years is correlated to the high number of fatal falls especially in Manhattan.

Fatal falls in NYC and residential permits issued over the last 6 years
New York City is not the only location affected by a rise in fall fatalities. All over the U.S. as the economy picked up, more construction workers lost their lives on the job. According to recent statistics, 985 construction workers died in 2015. Among them 367 fell to their death.

Ahead of  the 4th Annual National Stand-Down to prevent falls in the construction industry, the CPWR decided to focus its 2017 first quarter report solely on fatal and non fatal falls in the construction industry. The report illustrates how economic ups and downs since the beginning of 2000 affected employment in the construction industry.  It points out the higher volatility in employment for Hispanic workers As of last year Hispanic workers were representing 30% of the construction workers population while in 2003 when the economy was slower they were representing 2.1%. The number of fatalities in construction sites is also highly correlated to the pace of the economy with the number of fall fatalities usually rising faster during an economic recovery. Again Hispanic workers are the most at risk of dying in a fall on a construction site.

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A 3 year old girl died in a crash involving a garbage truck in the Bronx, NYC. Sophia Aguire was riding in a car driven by her 52 year old grandfather. She was sitting in the back seat with her 27 year old mom. Her grandmother was in the passenger seat. They were driving on Bruckner Boulevard near 142nd street when the accident happened. The road was stripped for resurfacing. The driver swerved to avoid an exposed  manhole cover and got into the path of a garbage truck in the adjacent lane.  The truck hit the car, propelling it into a concrete pillar of the elevated highway just above the road. (see picture below).

The car was completely mangled. The firefighters had to cut the doors to get the victims out of it. All passengers were transported to the hospital. 3 year old Sophia died an hour later. The 3 other family members who were in the car with her only suffered minor injury.

The garbage truck driver wasn’t injured. He stayed at the scene of the accident and wasn’t charged.

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mass-for-construction-workers11 New York construction workers died on the job over the last 12 months. 9 of them were non unionized and two of them were unionized. These fallen hard hats were honored yesterday in St. Patrick’s Cathedral by thousands of construction workers. The mass is an annual tradition in New York. Thousands of construction workers most of them coming straight from work in their dusty outfits filled the cathedral. 15 different trade unions were present. Rev Brian Jordan, chaplain for the Building and Construction Trade Council of Greater New York, presided at the the mass. Behind him were 11 empty chairs each with a white hard hat and a rose.

Read more in the NY Daily News

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Every year in the US approximately 10,000 people die in car accidents caused by drunk drivers.  In an effort to prevent these types of accidents, states have been introducing Ignition Interlock Laws.  The ignition interlock is a device that is connected to the ignition of a car. When a driver wants to start a car with this type of device he has to breath in the ignition interlock. If alcohol is detected and is above the legal BAC limit for the state, the car doesn’t start. All states now have ignition interlock laws but some are more permissive than others. Globally there are 3 types of laws. “Permissive” laws are at the discretion of the judge or other sentencing authority. “Partial Laws” apply only to a certain type of offenders for example only repeat DUI offenders. Mandatory Laws apply to all drivers convicted of DUI. At the beginning of last year, 26 states had mandatory laws, 22 had partial laws and 2 had permissive laws.

A recent study published in the American Journal of Preventive Medicine found that states with mandatory ignition interlock laws had a 7% decline in fatal crashes related to DUI.  The study was conducted by Emma E. McGinty, PhD, MS; Gregory Tung, PhD, MPH,; Juliana Shulman-Laniel, MPH; Rose Hardy, MPH; Lainie Rutkow, JD, PhD, MPH; Shannon Frattaroli, PhD, MPH; and Jon S. Vernick, JD, MPH all from  Johns Hopkins Bloomberg School of Public Health and Colorado School of Public Health.

The researches analyzed crash data  from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) over a 32 year period. They compared the number of alcohol related fatal crashes before and after the ignition interlock laws were adopted by the various states. The study demonstrates that mandatory ignition laws are much more effective than the permissive or partial laws at preventing drunk driving fatal accidents.

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Tweet from the FDNY reporting the NYC fire accident5 young people died in a house fire in New York City Sunday afternoon.  2 year old Chayce Lipford, 10 year old Rashawn Matthews, 16 year old Jada Foxworth, 17 year old Melody Edwards and 20 year old Destiny Dones  all died in a fire that broke out in a house located on 208th Street in Queens village, Sunday afternoon around 2:30 pm.  911 received a call at 2:36 from someone who was driving in front of the house and saw flames coming out of the 1st floor window. The firefighters only took 4 minutes  to arrive but by that time the house was already completely consumed by fire. The only survivor is 46 year old Maurice Matthews, father of Rashawn Matthews. He jumped from a second floor window.  According to CBS New York, the victims may have been trapped in the attic of the house. The house had no working smoke detectors.  The investigation about the exact cause of the accident is still ongoing.

fdny education teamFollowing the tragic accident, the FDNY fire Safety Education Unit  founded by the FDNY Foundation and the New York Red cross set up a stand in Queens Village to teach community residents about the importance of having smoke detectors in their house. They also installed smoke detectors in houses that didn’t have any.

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Vanessa Raghubar died in a drunk driving accident in NYCA 22 year old woman died from her injury  after a drunk driver crashed into her car in NYC. The drunk driver, 32 year old Neville Smith is a NYPD detective. He was off duty when he crashed into Vanessa Raghubar’s car.  The accident occurred around 4:00 am Sunday morning on the Van Wick Expressway.  Vanessa  was returning from her sister’s birthday party when the drunk detective crashed his Mercedes into her Honda. The impact was so strong that Vanessa’s car was propelled against a light pole and a tree. She and her two passengers, her sister and her sister’s boyfriend suffered critical injuries. All 3 were transported to the hospital where Vanessa died the following day.

Smith was charged with vehicular assault, assault, driving while intoxicated and refusal to take a Breathalyzer test. More charges are expected.

Vanessa who studied psychology was supposed to graduate in June. Her family wants justice.

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firefighter who diedA FDNY firefighter fell to his death Thursday afternoon as he was fighting a fire in a NYC apartment. 42 year old, William Tolley was responding to a two-alarm apartment fire on the third floor of  a building located on Putnam Ave in Ridgewood, Queens.  The fatal accident happened when the fire was almost extinguished. Tolley had just finished executing a routine operation on the rooftop. He was about to get in the bucket at the end of a five story ladder when something went wrong and he fell to his death.

It is not clear so far if Tolley took a misstep or if  a mechanical issue with the ladder or the bucket caused the accident. The truck was kept on the street with the ladder extended for investigation purposes.

The FDNY said the fire was a minor blaze with very limited risk of injury or death and the accident was “bizarre”.

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