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 total of 118 people including 39 motorists, 16 motor vehicle passengers, 5 cyclists and 58 pedestrians lost their life in crashes in New York City during the first six months of 2021. This is the highest number of traffic accident fatalities during the first semester since 2013 when 121 people died in crashes. During the 7 following years, after Vision Zero was launched in 2014, auto fatalities declined and oscillated around 100 during the first six months of the year with their lowest at 84 deaths during the first semester of 2018.

traffic accident fatalities NYC 1st semester 2021
New York City auto accident injuries were lower than usual during the first semester of 2021. Since the beginning of the pandemic last year, less people have been on the road in the city which might explain the decline in injuries. A total of 22,898 people were injured. Among them were 10,975 motorists, 6,492 passengers, 2,303 cyclists and 3,128 pedestrians.

traffic accident injuries new york 1st sem 2021
Pedestrian fatalities were at their highest since 2014 last semester with 58 deaths compared to respectively, 37, 51, 49, 49, 56, 34, 60 and 72 during the first six months of 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013.It is very disappointing that after 7 years of  multiple Vision Zero initiatives, the number of pedestrian fatalities is back at its 2014 level. Are more pedestrians dying because the streets are still less busy than usual and more people are speeding or driving in a reckless manner?

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location of the dump truck accident in Brooklyn, NYCA scooter rider was fatally struck by a dump truck in Brooklyn, NYC, yesterday morning. The accident took place at the dangerous intersection of Canton Avenue and East 7th Street in Kensington, Brooklyn.  The scooter rider that was killed yesterday was identified as 27 year old Frederico Zaput Palsa.  The young man was working at the time of the accident, making a delivery for the pan-Asian restaurant Dao Palate in Park Slope. The truck driver, a 42 year old man, remained at the scene of the accident and so far has not been charged.

Both the dump truck and the scooter were trying to go around a double-parked car

According to the preliminary report of the Police, the scooter rider and the truck driver were both going East on Canton Avenue, the collision occurred as both the scooter and the truck were trying to go around a double-parked car.  Zaput Palax suffered a critical head injury and died at the scene of the accident.  His 21 year old brother, Alfonso was heartbroken. He told the News that he had already lost another brother to Covid19 last year.  Frederico  was the father of two sons and one daughter who live in Guatemala.

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Professor Daniel PollackIn a recent commentary in the New York Law Journal, Daniel Pollack, MSW, Esq., a professor at Yeshiva University’s School of Social Work in New York City wrote: “If at some point a lawsuit is brought against the department of human services/CPS in connection with that death, compassionate, yet experienced plaintiff and defense attorneys, familiar with the inner workings of CPS, will definitely be needed.”

The commentary can be found here 

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A 71 year old cyclist was fatally struck by a postal truck at the intersection of 86th Street and Central Park West in Manhattan, NYC.

Last Tuesday around 5:40 pm, Jeffrey Williamson, an avid cyclist, was commuting back from his work downtown to his house in the Upper West Side when a postal truck making a right turn from Central Park West onto the 86th Street traverse hit him. The cyclist, a marketing professional who was close to retirement, was in the bike lane when the truck struck him.

He was rushed to the hospital where he died a few hours later from body trauma. He leaves behind his wife, 68 year old Chris Brimer and two children.

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workers on suspended scaffoldIn an effort to reduce construction accident deaths and injuries in New York City, the Department of Buildings has been deploying new strategies and increasing its staff. It just released a new report about it.

New inspection unit

The DOB role is not only to deliver wok permits for new construction or renovations but also to make sure that construction workers are being fully protected when they do their job. In order to do so the DOB created a new inspection unit called the “Construction Safety Compliance”. Inspectors in this unit are targeting mainly large NYC construction sites and making sure that all workers have been following the Site Safety Training and contractors are respecting all construction safety rules.

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5 construction workers died on the job in New York City between April 1st and May 31st. This is the highest number of  hard hat fatalities over a 2-month period since at least 2015. 2 fatal accidents occurred in Brooklyn, 1 in Manhattan, 1 in the Bronx and 1 in Queens. So far, since the beginning of the year, 7 workers died on NYC construction sites compared to respectively  1 and 8  for the same period of  2020 and 2019. (click on the graphs for full view)

Construction Accident Deaths May 2021 NYC
64 NYC construction workers suffered injuries in April and 38 in May. Between January 1st 2021 and May 31st a total of 223 workers were injured on the job in the city. It is more than during the same period of 2020, when 186 workers were injured, but less than during the same period of 2019 when 502 hard hats were injured.

Injuries on New York Construction sites May 21

Manhattan remains the borough with the highest number of construction accidents as well as the highest number of injuries and deaths related to these accidents

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construction workers moving equipment are at risk of struck by accidentsHard hats working at 322 construction sites in NYC were at risk of getting injured or dying in construction accidents because their jobsite was not safe.

These 322 sites including 113 in Brooklyn, 83 in Manhattan, 69 in Queens, 54 in the Bronx and 3 in Staten Island were issued a stop work order and fines by the NYC Department of Buildings after its inspectors conducted a massive safety sweep. (See previous blog).

Recent spike in NYC construction accident deaths

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job-made-boxes-can-lead-to-serious-injury-and-deathIn a recent bulletin, OSHA warns construction workers and other workers using forklifts about potential injuries and deaths caused by “job-made boxes”

What are “job-made boxes”?

Job made boxes are any makeshift attachments created by construction workers or workers in other industries such as boxes, baskets or platforms. They are often made of wood as well as metal and plastic. They look like a little balcony: a platform with 3 walls around it. Workers attach these boxes to forklifts to lift equipment, workers or material to various heights. Workers also use them to step on them when working at elevated levels.

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accident sceneA cyclist was fatally struck by a car  in the Bronx, NYC, last Friday night. The accident occurred around 11:22 pm  on Southern Boulevard, near the ramp of the Bronx River Parkway, in the Bronx Park. According to the police, the driver who was speeding was attempting to pass the cyclist but there was not enough space to do so and he struck the back wheel of the cyclist. The victim whose name was not released by the police, flew onto the windshield of the car, a 2019 Mercedes Benz Sedan, and then landed on the street. He died at the scene of the accident from severe body and head trauma.  The driver of the Mercedes abandoned his car on the side of the Boulevard and ran away on foot. The police are still looking for him. (read more in the Gothamist)

Less than 24 hours later, also in the Bronx, a man riding a e-scooter died after being struck by an Amazon Prime delivery van. The accident occurred in front of 1230 E. Tremont Avenue,  a little bit before 7:30 pm. Both the van and the e-scooter were travelling in the same direction when the van struck the scooter. The victim who was not identified, died at the scene of the accident. The driver of the van stayed at the scene of the accident and was not charged by the police. (Read more in the NY Post). 

In Brooklyn, a couple who was heading to work on a moped, were struck by a dump truck on Rogers Avenue near Bergen Street in Crown Heights. 36 year old Jose Garcia Cruz was taking his girlfriend, 25 year old Kristina Walker, to work when the accident occurred. The circumstances of the accidents are not exactly clear. CBS News indicates that the truck rear ended the moped while the police told the NY Daily News that the driver lost control of the moped when he tried to pass the dump truck. In NYC, the police have a habit of protecting the motorists and blaming the victims. (read more in the NY Daily News)

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car accident in NYC38,680 people died in auto accidents in the US in 2020 compared to 36,096 a year earlier according to preliminary data from the National Highway Traffic Safety Administration. The 7.2 % increase in crashes occurred as the total number of miles travelled by motor vehicles decreased by 13.2%, an indication that roads were much more dangerous during the pandemic. The rate of fatalities by 100 million vehicle miles traveled (VMT) raised from 1.1 VMT in 2019 to 1.37 VMT in 2021. This is the highest rate of crash fatalities recorded in the US since 2007.

The region that includes NY, NJ, CT, and PA had  the highest increase of fatal auto accidents

When looking at the increase of fatal motor vehicle accidents by regions between 2019 and 2020, region 2 that includes NY, PA NJ and CT was the worst with a 10% increase in traffic accident deaths.

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