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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A new report entitled “ It’s No Accident, Examining New York’s Workplace Deaths and the Construction Industry” and published by the New York Committee on Occupational Safety and Health (NYCOSH) looks at deaths related to construction accidents in New York.

The reports starts with a list of the names of the 23 construction workers who died on the job in New York last year before providing a comprehensive review of the recent construction fatalities. The report demonstrates that construction has the highest rate of fatality among all industries and that the majority of people dying on the job are immigrants. Age is also an important factor in construction site fatalities: 37% of the workers who died were above 55 year old. Statistics also show that a quarter of the construction workers who died were self employed.

Because there are only 71 OSHA Health and Safety Inspectors in New York State, it is impossible for OSHA to adequately enforce construction site safety standards. Adding to that OSHA penalties are so low that they are not an incentive for employers to make the workplace safer. In 66% of the construction sites that OSHA inspected there was at least one violation of a safety standard. This high prevalence of safety violations in the construction industry is an indicator that many injuries and deaths were preventable.

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Vision Zero is asking pedestrians, bicyclists and motorists to pinpoint dangerous traffic areas in New York City on an interactive map that can be accessed online directly with an email address or through a Twitter or a Facebook account. Pedestrian crash corridors are highlighted in red on the map while all pedestrian fatalities that happened from 2009 till now are indicated by a red square. Unfortunately bicycle accident fatalities are missing on the map. New York road users can share, comment, agree on and pinpoint directly on the map the following type of traffic issues:

– Not enough time to cross – Double parking – Long wait to cross – Red light running – Jaywalking – Poor visibility – Speeding – Long distance to cross – Failure to yield – Cyclist behavior

It is a fantastic tool however there is a risk of distortion. The map was launched a few days ago and we can already see that high poverty areas are typically misrepresented. This can be due to language barriers, less access to technology or maybe less interest in current events. Hopefully Vision Zero workshops in these areas will be helpful in addressing this unbalance. The map shows big areas such as the West Bronx, East Brooklyn and Harlem with with very little activity compared to the rest of the city. Areas of the city where the youngest population live such as Downtown Manhattan and West Brooklyn are the most active areas on the map.

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Worker%27s%20memorial%20day.jpg In New York City, a memorial including the Hardhat Procession into the Cathedral will be held this afternoon at St Patrick’s Cathedral during which OSHA’s Manhattan Area Office Director Kay Gee and Labor Liaison Laura Kenny will read names of construction workers killed on the job in New York City over the past year.

Other events will be held by OSHA and by other occupational safety activists and unions such as CSEA all around New York State and around the country.

Every year in New York close to 70,000 workers will suffer personal injury or illness related to their job and hundreds of them will die on the job.

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Pedestrian%20fatality%20rate.pngToday we are looking at fatal pedestrian and bicycle accidents in New York and in the US.This is part 3 of of our series on the Walking and Bicycling Alliance 2014 Benchmarking report.

Globally since 1980, the pedestrian fatality rate and the bicyclist fatality rate have been decreasing significantly in the US. In 1980, 8070 pedestrians and 965 cyclists died on the road compared to respectively 4432 and 677 in 2011. However while the absolute numbers dropped, the percentage of pedestrian and cyclist fatalities among all traffic fatalities increase from 12.6% in 1980 to 15.8% in 2011.

Pedestrians and cyclists who are 65 and older have a much higher risk to be involved in a fatal accident. Seniors represent 10% of pedestrians and 6% of cyclists but account for 19% of the pedestrian fatalities and 12% of the cyclists fatalities.

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Numerous bicyclists and pedestrians have been severely injured and several of them have lost their lives in traffic crashes along Mc Guiness Blvd in Greenpoint, Brooklyn. The corridor nicknamed “Hipster Highway” is notorious for passenger vehicles and large trucks speeding. Two years ago a study by Transportation Alternatives showed that two thirds of cars and 62% of large trucks traveled over the 30 mph speed limit with a maximum speed reaching 50 mph for cars and 47 mph for big rigs.

Things should change and residents’ safety should improve by the end of this month as the 1.1 mile stretch of Mc Guiness Blvd between Bayard Street and Freeman Street will become the third arterial slow zone in New York City. New signage will be installed, traffic signals will be coordinated to reduce speeding and the NYPD will increase enforcement on the boulevard.

The creation of 25 arterial slow zones is part of the Zero Vision Action plan to reduce traffic fatalities in the city.

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After a worker fell to his death at a NYC midtown construction site, the city issued a full stop work order at the site.

The Department of Buildings issued 41 violations including 6 for work without a permit. Other violations included failure to safeguard persons or property; failure to report an accident; no record of daily inspection of suspended scaffold; work doesn’t conform to approved plans; failure to provide approved plans; failure to provide guardrails; and failure to provide protection.

When the accident happened, the worker, 34 year old Lukasz Stolarski of Brooklyn, was doing facade restoration work. He wasn’t wearing a harness and fell from a ledge he was standing on between the roof and the penthouse. He landed on the top of the sidewalk shed at the 424 West 33rd Street construction site resulting in his death.

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12 people including 7 pedestrians died in auto accidents and many others were injured in speed related crashes along the Bronx Grand Concourse in New York City between 2008 and 2012. Speeding is the main cause of accidents in this dangerous area but this is about to change extremely soon as as officials announced that the the 5.2 miles Bronx corridor will be the second of 25 planned NYC arterial slow zones. The first one was introduced last week on Atlantic Ave in Brooklyn.

Starting this month, traffic signals will be synchronized to reduce dangerous speeding, new 25 mph signage will be installed and the NYPD will increase enforcement in this dangerous area of the Bronx.

The arterial slow zone program is one of the 63 measures included in New York Zero Vision Program launched by Mayor de Blasio at the beginning of the year. Throughout the city, arterial roads amount for 15% of the mileage but for 60% of pedestrian fatal accidents.

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Another pedestrian fatality happened last weekend in New York. A 22 year old woman who was crossing York Ave on the Upper East Side of New York was struck by cab that threw her in the opposite traffic lane where a second cab struck her. She was rushed to the hospital where she died. Read more in the New York Daily News

According to NYC Crash mapper over the last 31 months there were 21 collisions at the location of the accident (EAST 84 STREET and YORK AVENUE). As a results of these collisions 3 pedestrians, 1 bicyclist and 1 motorist suffered personal injury. According to locals, the visibility is limited for pedestrians and drivers as York Ave crests at 84th street and declines to 85th street.

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To reduce personal injury and deaths related to tractor-trailer truck accidents the National Transportation Safety Board sent a letter last week to the National Highway Traffic Safety Administration urging the agency to take the following actions:

Address Blind Spots

Blind spots are a major cause of accidents between large trucks and other motor vehicles as well as more vulnerable road users such as motorcyclists, bicyclists and pedestrians. The rate of fatal accidents is particularly high among vulnerable road users. Research from the NTSB show that 16% of pedestrians and bicyclists involved in a truck accident will die. This ratio is of 12% for motorcyclists, 1% for passenger vehicle occupants and 0,2% for the tractor-trailer occupants.
Blind spots for large trucks are much bigger than blind spots for regular cars and exist in the front, in the back and on both sides of the truck. According to the study “Prioritizing Improvements to Truck Driver Vision” by Matthew P. Reed, Daniel Blower and Michael J. Flannagan from the University of Michigan Transportation Research Institute , the blind spot on the right of the cab of the truck is the most dangerous. During a lane change, most collisions with another motor vehicle happen in this spot. It is also the spot where most pedestrians and bicyclists are struck during start-up and right turn crashes.
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Countermeasures to mitigate blind spots include enhanced mirror systems as well as more advanced technologies such as sensors to detect vehicles and vulnerable road users in blind spots.
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Poisoning, driven largely by prescription drug overdose deaths, is now the leading cause of unintentional injury related deaths in the United States – surpassing motor vehicle accidents.

In order to fight this tourbling trend, The FDA just approved a hand held auto injector device to deliver a single dose of Naloxone, a drug that can rapidly reverse the effect of opioids in case of overdose. Evzio (naloxone hydrochloride injection) can be injected into the muscle or under the skin. It is designed to be used by family members and caregivers.

Read more in the FDA press release