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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 Wrongful Death

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location of the fatal pedestrian accidentA pedestrian was fatally struck by a car backing up in a residential street in New York City.  64 year old Richard O’Flaherty was crossing Caffrey Avenue in Far Rockaway when he was hit by a car backing up the street. The driver initially made a turn from New Haven Avenue onto Caffrey Avenue and then proceeded to drive in reverse up Caffrey Avenue. He struck O-Flaherty who fell on the ground. He was transported to the hospital where he later died from his injuries. The driver stayed at the scene of the accident and wasn’t charged. Read more in Street Blog

A few day before, another pedestrian was killed by a speeding hit and run driver in Midwood Brooklyn. 58 year old Mariya Ursachenko, was crossing in the crosswalk of the intersection of Ocean Ave and Avenue J when a speeding car blew a red light and collided with another car that careened into the pedestrian. The faulty driver then hit another car before coming to a stop. He then jumped out of his car and fled the scene of the accident on foot.  The police caught him a little bit later. He was identified as 25 year old Mohammed Nasim.  He was charged with reckless driving, failure to yield to a pedestrian, vehicular assault, manslaughter and criminally negligent homicide. Ursachenko was rushed to the hospital but she didn’t survive. The driver of the car that was hit was also injured and transported to the hospital. His condition was stable.  According to the NY Daily News, Ursachenko was a baby sitter who was mostly working to help her family in Ukraine.  Her 61 year old roommate said that she was a lovely woman who didn’t have much luck.  In recent years, she broke her two arms in two separate accidents and had to undergo heart surgery. Read more in the NY Daily News 

Picture of the location of the first NYC fatal pedestrian accident: courtesy of Google Map

 

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accident sceneA man was killed in a box truck accident in New York City last Tuesday. Hamlet Cruz Gomez was going grocery shopping in his SUV when the driver of a stolen box truck lost control of his vehicle and crashed into the SUV.  The truck driver, Ramon Pera was behind the wheel of the stolen truck and his driving was so reckless that he struck a few other parked cars before crashing into Cruz-Gomez SUV at the intersection of  Metropolitan Ave and Rentar Plaza in Queens. Cruz-Gomez was rushed to the emergency room but he couldn’t be saved.

The 25 year old victim was a radiology technician at Montefiore Medical Center. During the covid-19 pandemic he isolated himself from his pregnant wife. He was able to return home and escort his wife to the delivery room to welcome his new daughter around a month ago. According to his family and friends Cruz-Gomez was a hard working generous man who was ecstatic about the arrival of his baby girl. They are devastated.

After the accident, the reckless truck driver, 37 year old Pera, tried to run away on foot but was arrested shortly after. He was arraigned on charges of reckless endangerment, leaving the scene of an accident, assault, manslaughter and grand larceny.

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excavation work in NYC streetsToo many construction workers are still being injured or dying while working in trenches or excavations. A new video by OSHA on excavation and trenching safety looks at previous violations and how to prevent them.

While doing excavation, construction workers are facing multiple hazards. Cave in hazard is the most dangerous one.  Unfortunately  many construction workers are injured or die in trenches because of negligence. Failure to respect excavation requirements is the 6th most common violation in the construction industry behind fall protection (general requirement), scaffolding, ladders, fall protection training and eye and face protection.

While looking at violations related to excavation and trenching the most common one is failure to protect employees in excavations with 809 citations in 2019. OSHA requires employers to set up specific protective systems such as shoring for workers in excavations however too many employers are still cutting corners as the high number of violations demonstrates.

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location of the pedestrian fatality Bronx NYCThe number of pedestrian fatalities in New York City which had significantly decreased during the coronavirus lock-down peaked back up as soon as the city started to reopen.

Yesterday night around 9:30 pm a 50 year old man who was crossing the street at the intersection of Beach Avenue and Mansion Street in Parkchester was fatally struck by a hit-and-run driver.  The man was rushed to the hospital but he could not be saved.

The Police are still looking for the driver who recklessly killed the pedestrian and sped away behind the wheel of a SUV. According to the police the driver was chasing another car when the accident occured.

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water injury preventionAs summer season is back, water related injuries and deaths are starting to increase. In New York, the underwater currents at Rockaway Beach are known to be dangerous and ever year people are seriously injured or died after drowning in the water at this location. This year on May 22nd, 24 year old Fidel Ramirez, went for a swim at Beach 91st street despite recommendations from Mayor de Blasio not to go in the water and drowned. He suffered critical drowning injuries and died at the hospital.

Backyard pools might seem safer than the Rockaway beach especially with the actual Covid-19 pandemic, however they can be dangerous as well.  Last Sunday 3 people died from drowning in a backyard pool in New Jersey.

Behind car accidents, drowning is the second cause of unintentional injury-related death for children from 1 to 14 year old

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location of the deadly car crashTwo people died and 6 people were injured in car crashes in New York City in less than 24h. As New York is reopening, the number of car accidents which had significantly declined during the lock down are expected to rise again.

The first car accident occurred on Sunday night around 11:20 pm in Pelham Bay Park in the Bronx. The 35 year old driver of a 2010 Toyota Camry lost control of his car as he was driving in the westbound lane of City Island Road near the intersection of Shore Road.  He rear ended the car in front of him, a 2014 Infiniti Q50 driven by a 27 year-old driver. The driver of the Infinity crashed into the rear of another car in front of him, a 2008 Toyota Highlander driven by a 51 year old man. The Camry careened into the eastbound line and hit a 2016 Jeep Grand Cherokee driven by a 44 year old man and a 2010 BMW X5 driven by a 41 year old man.

The driver of the Camry died at the scene of the accident. A 34 year old woman, who was sitting in the front seat next to him was rushed to the hospital in critical condition.  5 more people were taken to the hospital, they were occupants of the Infinity and the Jeep. The occupants of the BMW, which was the last car to be struck declined medical attention.

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Bronx bicycle accidents second week of June 20202 people were killed and 20 of them were injured in bicycle accidents in the Bronx, NYC, during the second week of June. Bicycle accident injuries in the Bronx increased by 81.8 % during the week of June 8 to June 14 according to NYPD statistics.  The Bronx is the only NYC borough where bicycle accident injuries increased during this week. In all other NYC boroughs, bicycle accident injuries declined. On average, injuries related to bike crashes were down 30.7% citywide. The largest decline, 59.1%, was observed in the North part of Queens, followed by a decline of 50% of bicycle accident injuries in the South part of Brooklyn, a 45% decline in the North part of Brooklyn, a decrease of 33.3% in the South part of Manhattan, a decrease of  29.4% in the North part of Manhattan, a 16.7% decline in the South of Queens and  a status quo in Staten Island.

The Bronx is the borough that has the less investment by the city in infrastructures to protect bicyclists despite a large part of the population using bikes on a daily basis, including many delivery cyclists

While the city has been creating protected bike lanes all over rich white neighborhoods, the poor  area of the Bronx didn’t get any of these. Even last month when de Blasio announced more streets closed to traffic and a extra 9.2 miles of protected bike lanes, none of them were in the Bronx.

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Location of the MTA bus accidentA 19 year old female bicyclist was killed in a MTA bus accident yesterday.  The young woman was struck by the BmX10 bus on Fifth Avenue at the corner of the 59th Street intersection.

It is still not exactly clear how the accident occurred. A hot dog vendor who witnessed the accident told the NY Daily News that it seemed that the young woman was trying to merge into traffic from 60th street and that she was struck by the bus and then dragged under the wheels for about half a block until the bus driver stopped.

The cyclist died at the scene of the accident from severe head trauma. The driver stayed at the scene of the accident. Despite its proximity to Central Park, Fifth Avenue doesn’t have a bike lane in the Upper East Side area, therefore the many cyclists coming out of the Park at this location have to navigate between the buses and the car traffic which can be very dangerous on this busy avenue.

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twitter NYPD highwayIn a recent blog on NYC traffic accidents in April we highlighted the increase in car accident fatalities related to speed and recklessness.  Many of us who stayed in the city during the lock-down could hear the noises of cars speeding throughout the city and witness car drivers speeding on empty streets.  In a recent article, the Gothamist looked at the 311 caller data and found that since March 22nd, when the city went into pause, 420 New Yorkers called to complain about drag racing. That’s 4 times more complaints than during the same period of time a year ago.

Manhattan recorded the most complaints with 123 calls reporting incidents of drag racing, followed by 119 in Queens and 104 in Brooklyn. Staten Island had the less complaints with 20 calls to 311. 47 complaints were reported in the Bronx. There were also 35 complaints of racing on highways not linked to any borough.

Some areas were particularly targeted by drag racers

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location of the reckless crashA pregnant woman lost her baby and suffered serious injury in a car accident in Staten Island, NYC last Saturday. The accident occurred on Hylan Boulevard. A 26 year old male and his 28 year old pregnant female passenger were driving south on Hylan Boulevard.  As they were  in the left tuning line attempting to make a turn onto Cornelia Avenue, they were hit frontally by a Jeep Grand Cherokee travelling at high speed. The driver of the Jeep was identified as 21 year old Alexander Iacone. He was racing North on Hylan Boulevard and shifted into the left turning lane striking the Nissan. The impact was so strong that both vehicles careened into the woods. Iacone was driving without a license.

The 28 year old female passenger was rushed to the hospital where doctors performed an emergency C section but the baby didn’t survive the accident. The mother sustained serious injury but was in stable condition. The male driver was also hospitalized and treated for several injuries that include lacerations to his knees and to his hand.

The reckless 21 year old driver sustained an arm injury. He was also transported to the hospital and later arrested. He was arraigned in Criminal Court in St Georges on charge of aggravated unlicensed operation of a motor vehicle, reckless driving, reckless endangerment and second degree assault.  Iacone could face a homicide charge depending on the results of a pending autopsy of the baby. If the City medical examiner determines that the baby took his first breath at the hospital, Iacone could be charged with homicide according to the New York Law.