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

Published on:

2 construction workers died  and 79 were injured on the job in New York City during the first two months of 2021. One fatality occurred in  Staten Island and the other one in Manhattan. In both cases the worker fell. Last year, only one worker died in NYC construction accidents over the first 2 months of the year and the year before, no fatalities were recorded during the same period. Since 2015, the number of construction worker fatalities during the first two months of the year varied between 0 and 2. Among the 79 workers injured, 41 of them were injured in fall accidents. (click on graphs for full size)

construction accident deaths by borough February 2021
Falls remain the most common cause of fatalities for construction workers in New York City. The two fatal accidents that occurred in February were falls. Both accidents could have been prevented if adequate safety measures had been in place. The first accident took place on a construction site located at 730 5th Avenue in Manhattan. The worker who died was cleaning an area where a permanent building trash chute was being installed. He stepped on a hole cover that snapped and gave way. The worker fell to the floor below. He was transported to the hospital where he died from his injuries. The second fatal accident occurred at 144 Dunham Street in Staten Island. A roofer fell from the roof and did not survive the injuries he sustained during the fall. The inspectors found that the working permit for the construction site had expired. Multiple safety infractions were found at the site and the DOB issued a full stop work order for failure to safeguard persons and property. Roofers have the highest rate of fatalities among all categories of construction workers.

Factors in NYC fatal construction accidents February 21
79 construction workers were injured in New York City during the first two months of the year. This is the lowest number of workers injured during the first two months of the year since 2017. 48 of these accidents took place in Manhattan, 14 in Brooklyn, 11 in Queens, 4 in the Bronx and 1 in Staten Island.

Published on:

Monthly ambulance crashes in NYCAn elderly woman died and 8 other people were injured after a car T-boned an ambulance in New York City.

The accident took place last Sunday afternoon around 3:00 pm in Flatlands, Brooklyn, NYC. An Hatzola ambulance was transporting a 95 year old woman who suffered a cardiac arrest  to the hospital. The emergency vehicle was  heading South on Schenectady Avenue with its lights and sirens on according to witnesses.  As it crossed Avenue N, the ambulance was T-boned by a car travelling west bound on Avenue N.

A witness told the NY Daily News that the light had just turned from orange to red when the ambulance crossed the intersection and that the driver of the black Nissan who was speeding might not have heard the ambulance sirens.

Published on:

NYC Bicycle accidents preventionDuring the pandemic, NYC bicycle accident injuries and deaths have reached record highs.

Many New Yorkers who switched their Metrocard for a bike lock learned that commuting in New York City by bike remains challenging especially in some areas of the city where bicycling infrastructures are still limited.

To help newbie cyclists and offer a refresher to more experienced ones, the NYC Department of Transportation recently released  “Bike Smart”, a guide to safely ride a bicycle in  New York City.

Published on:

accident sceneA 27 year old driver died and 3 passengers in their twenties were seriously injured in  a car accident in Long Island, NY, last Monday night around 8:30 pm.  Jeffrey Laroche from Springfield Gardens, Queens, was driving an Infiniti with 3 passengers on board: 21 year old Jayda Mouldrie from Hempstead was sitting in the front seat while 20 year old Nicole Walter and 18 year old Nathaly Walter, both from Laurelton, Queens, were sitting in the back seats. They were heading West on the Southern State Parkway when Jeffrey lost control of the car and hit the center median guide rail and trees between exits 18 and 19.  In their report the police mention that the vehicle was travelling at a high rate of speed.

The impact was so intense that Jeffrey was ejected from the car. He was rushed to the hospital where he died from his injuries. Jayda who was in the front seat got stuck in the mangled vehicle and had to be extricated. She was also rushed the hospital and survived.  The two girls in the back, Nicole and Nathalie, were both injured but also survived the accident. Nathaly broke her pelvis.

Speeding is one of the most common causes of car accident fatalities and serious injuries especially among young people

Published on:

Pedestrian and cyclist injuries and fatalities were lower than usual last February and so were motorcyclist, bus and truck accidents.

Traffic Accident injuries reached a record low in New York City in January and February. While February car accident injuries always reach a yearly low, the number of NYC car accident injuries was at its lowest since Vision Zero started. 2,503 people were injured in traffic accidents in New York City compared to 3,028 a month earlier and 4,006 in February 2020. The number of traffic accident injuries mostly dropped over the last 12 months because of the Covid19 crisis that affected the City and slow down activities. (click on graphs for full sizes)

Traffic Accident Injuries NYC February 2021
Motor vehicle accident injuries in NYC in February 2021 by category
After reaching annual record highs over the summer of 2020, the number of New York auto accident deaths also declined and stabilized to numbers somewhat similar to previous years despite the slowdown. 10 people died in traffic accidents last February compared to 13 in January and 17 in February 2020.  Since Vision Zero was launched in 2014, the number of traffic accident fatalities in February has been oscillating between 17 and 10 with 10 last month being the lowest. Fatalities were mostly pedestrian fatalities.

Published on:

treadmill can be dangerousThe company Peloton just announced that a child died in an accident that involves one of their “Tread+” treadmills and issued a safety warning asking Peloton users to keep children under 16 year old and pets away from their equipment.  Peloton and other at home gym equipment companies have seen their sales rocketing over the last year with more and more consumers preferring working out at home instead of at the gym during the covid19 crisis.

While the Peloton CEO did not release the circumstances of the accident citing family privacy,  earlier this year, in February, another child sustained serious brain injury after he was trapped under a Peloton Tread+ Machine. According to an incident report filed with the US Consumer Product Safety Commission, a 3 year old boy was found by his dad  under the Treadmill, not breathing and pulseless. The boy had tread marks on his back matching the machine as well as neck and face injuries. He was resuscitated but sustained serious brain injuries.  In the below video (at 0.51 seconds) a mom  shows how easily a medicine ball gets stuck under the treadmill as she is working out. The USCPSC has now started an investigation related to the accident that lead to the death of a child.

Treadmills can be dangerous

Published on:

Hard-Rock-Hotel-construction-accident-e1582228604154The construction industry saw a period of growth during the last decade and with more workers employed, the number of hard hat injuries and deaths also increased.

The Center for Construction Research and Training (CPWR) recently published a study looking at construction worker fatal injuries from 2011 to 2019. They found that while the number of workers employed in the industry grew by more than 25%  between 2011 and 2019, the number of fatal injuries recorded a 41.1% increase. While looking at ethnicity, Hispanic workers were the most commonly hired workers and their employment rate grew by 55% during the period under review. They also recorded a jump in 89.8% in job fatalities.

While looking at construction workers ‘age, the middle age workers category (45 to 64 year old) recorded the highest number of deaths, however while looking at the rate of fatalities, workers over 65 years old were the most at risk of dying on the job with a rate of 22 deaths per 100,000 Full time workers (FTWs), compared to 9.6 per 100,000 FTWs for workers under 55 years old.

Published on:

It is very disappointing to see how some motorists in NYC have so little concern about pedestrian safety. In the video below, a man driving a pick up truck makes a right turn without yielding to an elderly pedestrian in Brooklyn, knocking him down to the ground and just continuing on his way as if nothing happened.  The police are now looking for him.

location of the Boulevard of Death accidentAnother pedestrian recently died from the injuries he sustained in a similar accident.  Last Friday afternoon , 55 year old Jaipaul Persaud was crossing Queens Boulevard, also nicknamed “Boulevard of Death”, when a motorist making a left turn off 84th Drive onto Queens Boulevard fatally struck him (see location of the accident on Google map picture to the left). The pedestrian was in the crosswalk with the light in his favor. The 33 year old woman who struck him also travelled at the green light but was supposed to yield to pedestrians while making her left turn. The impact was so intense that Persaud who was hit by the front bumper of the car, flew onto the windshield and then crashed down on the street. Persaud was rushed to the emergency room but he died from his injuries on Sunday. The driver stayed at the scene of the accident and so far has not been charged (read more in the Daily News and in the LIC Post )

Published on:

location of the blakhoe accidentA New York City pedestrian crossing the street was killed by a backhoe on Friday afternoon. 61 year old Estelle Davis was walking in a crosswalk near New Lots and Van Sinderen Avenues. She was looking down at her phone when a backhoe that was doing work nearby struck her.  The backhoe belongs to Vail Industry, an independent contractor that was hired by Con Ed to perform some work in the area. Estelle Davis was on her way to work. She was a nurse working two jobs and also serves as pastor on Sunday.

The police thought initially that the woman was killed by a hit-and-run driver but a video surveillance captured images of the accident. Investigation is still ongoing but it is not clear yet why heavy construction equipment was backing up in a pedestrian area with no protection or warning. A flag worker was present at the scene but he was positioned on the other side of the machine. (Read more in the NY Daily News )

Extensive regulations have been developed by OSHA to prevent pedestrians being run over by heavy construction equipment

Published on:

location of the van accidentSeven pedestrians including two children were injured in a wild car accident in Manhattan last week. The accident took place on the Upper East Side, on March 5th, a little before 9:00 am. The 66 year old driver of a van lost control of his vehicle, striking a car on Second Avenue between 50th and 51st Street. The car went flying into the dining shed of Crave Fishbar, totally destroying it, while the van struck a food stand, a scaffolding structure and a traffic light post. Because it was early morning, the dining shed was empty however two young pedestrians, one 5 year old and one 7 year old, were injured by flying debris from the dining shack. The owner of the fruit stand as well 3 other pedestrians were also injured when the van crashed. The occupants of the car were the most seriously injured however none of the injuries were life threatening.

The driver of the van might have suffered a medical episode according to some media or might have been driving while intoxicated according to other media. The investigation is still ongoing. He was identified as 66 year old Noman Ahmed, a delivery driver for the Long Island based company Mega Elevator Parts. According to the Gothamist, the driver has been working with  the company for 20 years and never had any other incident.

https://www.youtube.com/watch?v=0W9jMmQxeOI