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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car in bike lanes can cause deadly bicycle accidentsNew York cyclists are facing higher risk of getting injured or killed in accidents every time they have to go around vehicles parked in a bike lane.  To deter drivers from doing so, the city is proposing a new law that would allow citizen not only to report truck and cars parked in the bike lanes but also to get a percentage of the money the city will make by ticketing the offender.

New bill would pay back citizen $43.75 per vehicle reported to the DOT

A bill proposed by NYC councilman Lincoln Restler wants to use citizen enforcement to fight back against the multiple motor vehicles obstructing bike lanes. Bikers encountering violators would snap a picture of the vehicle and submit it to the department of transportation for review. If legit, the vehicle owner would then receive  a $175 ticket. The city would then give back 25% or $43.75 to the person who reported the violator.

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A reckless truck driver fatally struck a NYC pedestrian as he was in the crosswalk with the light in his favor. The truck accident occurred early morning  around 6:30 am on October 4th.

63 year old Benjamin  Berger was crossing the street at the intersection of Flushing Avenue and Bedford Avenue. He was in the crosswalk with the greenlight in his favor when a box truck turning left from Flushing Avenue onto Bedford Avenue literally rolled over him. A surveillance video posted by Williamsburg News shows the truck turning recklessly without slowing down and driving over the victim.  When  paramedics arrived at the scene of the accident they found the victim dead with severe body and head injuries. The man was living just a block away.

The driver was identified as 44 year old Torriez Bailey from Maryland. He was arrested by the police and charged with failure to use due care and failure to yield to a pedestrian.

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17 pedestrians, 4 cyclists, 14 passengers and 22 motorists died in auto accidents in NYC  during the two hottest months of the summer. Truck accidents were close to record highs while bus accidents were slightly lower than usual.

35 people died in car accidents in New York City in July and 22 in August for a total of 57 fatalities compared to respectively 51, 42, 39, 32, 43, 44, 41, 50 and 56 during the months of July and August 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013. The number of fatalities was even higher this summer than what it was during the summer of 2013 before Vision Zero started.

The month of July was particularly bad with a record 35 people dying during this month. The only time since 2013 that this number of people were killed in traffic accidents was in September 2020. Since the Covid19 crisis of 2020, traffic accidents fatalities have been much higher than what they were the years before. Among those who died in July were 11 pedestrians, 3 cyclists, 7 motor vehicle passengers and 14 motor vehicle operators. The number of motor vehicle operator deaths in July reached a level never seen since the beginning of Vision Zero except again in September 2020.

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MeFDA-logodtronic HeartWare Ventricular Assist Device (HVAD) device caused the wrongful death of more than 3,000 people since it was introduced on the market more than 10 years ago. The sale and distribution of the heart pump was stopped in June last year but many patients still have the pump implanted in them. Now some of the batteries powering the device might be deadly too.

Medtronic announced last May that a model of battery that was powering the Medtronic HeartWare Ventricular Assist Device (HVAD) was defective and that it could cause serious personal injury or death if it was not changed for a new battery. An urgent Medical Device Correction letter was sent out by Medtronic to all affected customers on May 5th  recalling 429 devices manufactured in April 2021. Then a month later, after the company received 1,159 complaints including 6  injuries and one death, the recall of the same model of batteries was extended to those that were distributed since January 2009.

The recall affects 23,372 Medtronic HVDA Batteries with model number 1650DE that were distributed between January 1st 2009 and now

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fall accident causesDespite strict safety regulations and awar

eness campaigns, falls remain the number one cause of death in the construction industry.

In an innovative study recently published by the Center for Construction Research and Planning (CPWR), the authors, Grace Barlet, Rosa Greenberg and Jessica Bunting tried to understand why, despite all the efforts, 353 construction workers died from fall in the US in 2020.

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Truck Smart Guide NYCWhile trucks remain essential in new York City, they pose a serious risk to other road users in particular to pedestrians and cyclists.  According to statistics, 67% of  truck accidents involving a cyclist or a pedestrian result in serious injury or death.

The largest the truck, the most dangerous it is

Large blind angles can hide pedestrians and cyclists when they stand in front or on the side of a truck. Additionnally the heaviest a truck is, the longest it will take for the truck to stop.

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lithium-battery-can-be-deadly-2An e-bike battery explosion caused a deadly fire in Harlem, NYC, inside NYCHA’s Jackie Robinson Houses.

5 year old Erika Williams was sleeping in a an apartment with her dad Erik Williams and his 36 year old girlfriend Chanise Anderson when a little after 2:30 am on Wednesday morning, the lithium battery of an e-bike stored next to the apartment entrance door exploded and created a fire.

The fire and heavy smoke prevented the toddler and the girlfriend to escape while the father covered in flames ran into the hallway screaming for help. He is still in the hospital in critical condition. The 5 year old girl and the girlfriend both died. 3 dogs also died in the fire.

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Sherman-Avenue-were-the-deadly-crash-occuredTwo pedestrians are dead, and 5 car occupants are seriously injured including 3 in critical condition after two cars crashed on dangerous Sherman Avenue in Inwood. The accident occurred on Wednsday early morning around 4:00 am on Sherman Avenue near the intersection of West 207th Street. 31 year old Joel Adames from Manhattan and 40 year old David Fernandez from the Bronx were walking on the sidewalk of Sherman Avenue when two cars collided and one of them jumped the curb and fatally struck the two men. Fernandez was a beloved local barber and both friends had just left the barber shop location and were walking on the sidewalk when the accident occurred.

A total of 5 occupants were in the BMW and the Subaru, when the BMW driver who was travelling North on Sherman Avenue veered onto the Southbound lane and collided with the Subaru that was travelling South. The Subaru then jumped the curb and killed the two pedestrians.  The 3 occupants of the Subaru were critically injured and rushed to the hospital. Two other people who were car occupants were also injured.

Sherman Avenue is a dangerous speedway where crashes are common

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speed cameras to reduce crashes in NYCIn an effort to reduce car accident fatalities and serious injuries in New York City,  more than 2000 speed cameras located in 750 school zones throughout the 5 boroughs of New York City will be turned on 24/7 365 days a year, starting August 1st, 2022.

Speed cameras that used to be turned on weekdays from 6:00 am to 10:00 am have proven to be one of the most effective ways to reduce speeding in the city. Statistics from the NYC DOT show that speeding was reduced by more than 70% at locations where speed cameras were installed.

With many dangerous crashes caused by speeding occurring at night time and during week-ends, the DOT strongly believes that the new speed camera schedule will help curb these type of crashes.

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Location of the deadly CitiBike accidentA 28 year old woman riding a CitiBike was fatally struck by a tractor-trailer truck in New York.

The fatal collision between the truck and the cyclist occurred last Tuesday around 10:50 AM. 28 year old Carling Mott who lived a few blocks away, in Yorkville, on 84th Street, was riding a CitiBike on East 85th Street near the intersection of Madison Avenue when she was struck by a tractor trailer going in the same direction. The police initially stated she was riding in the opposite direction but corrected their statement later on.  Just before the accident the tractor trailer was waiting for the light to turn green and Carling was riding her bike on the right side of the truck when the driver took off (see video). The investigation is still ongoing as how exactly the accident took place . According to a recent article in the patch, Mott might have felt and gotten crushed by the truck as the light turned green and the driver moved forward. She was rushed to the hospital but she could not be saved.

https://vimeo.com/734040568

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