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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accident sceneA woman died in a car accident  after she entered the highway the wrong way.  Two other people were severely injured. The accident occurred early Sunday morning.  The driver of a dark grey SUV entered the North Bound lanes of the Hutchinson River Parkway in Scarsdale the wrong way and started to drive against traffic. The police received the first report of a car driving the wrong way just before 4:30 on Sunday morning but it was already too late. The dark grey SUV hit another grey SUV head-on. The driver of the car driving the wrong way was killed in the accident. The passenger as well as the driver of the other car were both critically injured.  The driver of a black sedan who swerved in the grass on the side of the highway to avoid the collision was fine.  A man working at a gas station just north of the accident told CBS News that it wasn’t the first time that a car was driving the wrong way on the parkway. He said it was happening quite often. The parkway was blocked for 11 hours to allow investigators to complete their accident reconstruction. It is still too early to know if alcohol or drugs were a factor. The investigators also still didn’t know where the driver entered the parkway. In recent years, there were several wrong way accidents in Westchester. Some say confusing signalization may be a factor.

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96 people died and 27,923 suffered personal injuries in 110,992 motor vehicle accidents in New York City during the first 6 months of 2017 based on the most recent statistics released by the NYPD.

This is the first time that the number of people dying in NYC traffic accidents during the first six months of the year is below 100.  In 2013, before Mayor de Blasio launched Vision Zero, 121 people died in auto accidents in the city during the same period. Vision Zero was launched at the beginning of 2014 and since then the total number of people dying in NYC crashes slowly decreased from 110 during the first semester of 2014 to 107 during the first semester of 2015 and the first semester of 2016. It dropped to 96 for the same period of 2017. Multiple Vision Zero measures such as the reduction of the city speed limit to 25 mph as well as the installation of cameras may have contributed to this decline in fatal crashes.

traffic accident deaths in NYC for the first semester of 2013 to 2017
The decrease in traffic deaths in New York City occurred despite a significant increase in crashes over the last 4 years. In 2013, 99,474 crashes were reported to the NYPD during the first semester. This number increased steadily to 100,834 in 2014 and 104,636 in 2015. It then jumped to 111,588 in 2016. It decreased slightly during the first six months of this year to stabilize at 110,992. Distracted driving is the most common factor in these accidents.

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accident sceneA pedestrian died in a Bronx car accident  on Friday afternoon. The 77 year old man was trying to cross the Hutchinson River Parkway near the Pelham parkway when he was hit by a car. He was rushed to the hospital where he died. The driver who hit him stayed at the scene of the accident. He wasn’t charged. Read more in the NY Daily News

Also in the Bronx during the weekend 4 people were injured in a car accident related to speed.  Around 6 AM on Sunday morning the driver of a black sedan lost control of his vehicle and crashed into several pillars before hitting another car.  The accident occurred near Sands Place  in Middletown, Pelham Bay. It is a miracle that nobody died according to the NY Daily News

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accident sceneAn elderly pedestrian was fatally struck by a yellow taxi in New York City on Friday. 80 year old Barbara Horn, an Upper East Side resident, was crossing Third Ave in the crosswalk when she was hit by a taxi. The accident occurred a little bit after 6 PM a few blocks away  from where the victim lived.The driver, identified as 49 year old Syed Ulah was making a left turn from 70th street. He struck the elderly woman and dragged her half a block before stopping.   She was transported to the hospital where she died. The taxi driver was arrested and charged with failure to yield to a pedestrian. Read more in the Gothamist

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bicycle garbage truck accident locationA garbage truck fatally hit a bicyclist in Greenpoint, Brooklyn, NYC early Saturday morning. The driver didn’t stop.  27-year-old Neftaly Ramirez had just finished his shift at a Brooklyn Pizzeria. He was biking home to the Lower East Side around 12:30 am. As he was riding on Franklin Street near Noble Street in Greenpoint, a garbage truck driving South on Franklin hit him. The garbage truck driver continued on his way leaving the bicyclist dying in the street behind him. The investigation is still ongoing and the police haven’t apprehended the truck driver yet. Therefore it is still unclear if the driver was aware that he hit someone. Ramirez was found by the police with trauma all over his body. He was pronounced dead by EMS soon after their arrival at the scene of the accident.

Franklin Ave in Greeenpoint is a link between Kent Ave and the Pulaski bridge. It is narrow but busy with traffic day and night. According to a local resident, trucks are “flying down the street all night”. There is a shared bike and motor vehicle lane that is completely unprotected (see picture). A large electronic sign was installed at the location of the accident  by the police to ask potential witnesses to report information. Detectives were also looking for potential footage from security cameras. So far the police said that the truck that hit Ramirez was green with white with yellow lettering. It was most probably a private garbage truck. Private dump trucks are among the most dangerous vehicles for pedestrians and bicyclists. They have the highest NYC pedestrian-kill rate per mile driven. One may hope that the police may finally launch a safety initiative directed at private garbage trucks but that is not what happening. The police were seen on Sunday afternoon ticketing bicyclists on Franklin Ave.

Read more in Streetblog

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skateboardA skateboarder died after being struck by a bus in New York City last Friday around 6:30 pm. 25-year-old Kevin Zeng was on the sidewalk of the Union Turnpike near Grand Central Parkway in Forrest Hills, Queens, when his skate board rolled into traffic. The young man ran after it. The skate board rolled into the path of a oncoming MTA bus and Kevin ran behind it. According to the NY Daily News, the bus driver saw him and tried to swerve to avoid him but it was too late.  Kevin was struck by the passenger side of the bus. The victim was rush to the hospital where he later died from his injuries, The bus driver stayed at the scene of the accident and wasn’t expected to be charged.

Another skateboarder died this week-end in New York. 18-year-old Alejandro Tello died yesterday at the hospital after he was hit by a hit and run driver. The accident occurred at the intersection of Avenue T and West 10th Street in Gravesend, Brooklyn. The driver was making a right turn when he hit the skateboarder. He drove over his body and didn’t stop. He just sped away leaving behind the teen dying on the street. Witnesses to the accident ran to Alejandro to try to help him. Another car pulled into the middle of the road to protect him from being hit by traffic. He was rushed to the hospital with severe head trauma. He didn’t survive his injuries. The police found the white BMW SUV two miles away from the scene of the accident but so far no suspect was arrested. Alejandro Tello lived in the neighborhood. Residents interviewed by CBS couldn’t believe that the driver never stopped to try help the skateboarder after he hit him. Others said that they previously saw the white BMW driving around the neighborhood during the day.

Picture: Courtesy of Pixabay

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pregnancyEvery year 700 to 900 mothers are dying from health complications during their pregnancy, during the child-birth or post partum.  According to a recent article written by Nina Martin and Alessandra Freitas for Pro Publica little is known about the circumstances of these deaths except that 60% of them could have been prevented. Often hospitals concentrate on the baby but forget about the mother’s health.  Mothers too can suffer and die from birth injuries.

When such a tragedy hits a family, the grief and sometimes the guilt is so intense that members of the family are reluctant to share their story. The death circumstances are often kept private and not mentioned in the obituary. Medical institutions  have never been a trusted source of information when it comes to deaths related to health complications of their own patients especially if medical malpractice is suspected. Additionally, official statistics on maternal fatalities are so poorly reported by states that the United States hasn’t reported an official maternal mortality rate since 2007 according to a recent study published in The Journal of Obstetrics and Gynecology.

In an effort to try to put a face and a name on these 700 to 900 mothers who died in 2016, Nina Martin and Alessandra Freitas decided to launch a major investigation. They hoped that they would gather enough information about the circumstances of these mothers’ death to be able to get picture of  who these women were and why they died. They spent months searching social media and various other sources to identify these mothers. So far they have found 120 of them.

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accident sceneTwo people died and several others were injured in a NYC car accident caused by a drunk driver who was speeding. 34-year-old Andrew Shakespeare was driving back from a wedding on Sunday morning. He had 4 other passengers in his car. He was allegedly drunk and was speeding on the Grand Central Parkway in Queens, NYC. As he approached the 188th street exit, Shakespeare changed lanes and side-wiped a Nissan Sentra driven by a 59-year-old woman. He then lost control of his BMW X5 SUV and careened into a Nissan Rogue driven by a 52-year-old man. Both cars crashed into the center guard rail. A 38-year-old woman driving a Mercedes was then struck by the BMW despite trying to swerve to avoid hitting the two cars. The impact sent her car into trees on the side of the road and back rolling over on the road.

The BMW front passenger, 34-year-old Layon Campbell was transported to the hospital with critical head and body injury. He was pronounced dead upon his arrival. 16-year-old Akeam Grant who was sitting on the rear right seat of the BMW died at the scene of the accident. The two other passengers, a 21-year-old and a 16-year-old survived. One of them fractured his pelvis and his right arm. The other lacerated his right arm. They were both transported to a hospital to be treated.

Among the people in the 3 other cars involved in the crash, both drivers of the Nissans were taken to the hospital for neck and back injuries but were listed in stable condition. The two passengers of the Nissan Rogue were also rushed to the hospital. The front passenger, a 50-year-old man injured his right leg. The rear passenger, a 63-year-old man fractured his rib and his neck. He also suffered from neck and back pain. Both passengers are in stable condition. The Mercedes-Benz driver was also transported to the hospital to be treated for pain in her right shoulder.

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pedestrian accident locationA pedestrian was fatally struck by car in NYC last night . According to the NY Daily News The 53-year-old man was crossing East Tremont Ave at the intersection of Saint Peters Ave when a SUV hit him. The pedestrian died at the scene of the accident. The driver wasn’t charged. The accident occurred at night around 9:30 pm.

East Tremont has been identified by the Vision Zero  initiative as a dangerous corridor. Speeding is frequent and pedestrians crossings are too few on this 4 lane avenue. The DOT presented a plan to redesign Est Tremont Ave to the community Board 9 in April 2016. However this plan covers only a part of East Tremont Avenue and not the area where the pedestrian was fatally struck yesterday night.

Picture of the pedestrian accident location: courtesy of Google

 

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city-seal-prThere were 93 traffic fatalities in New York City for the first 6 months of 2017. This is the first time since traffic accident data began being recorded in the City that this number went below 100. 203 people died in motor vehicle accidents in NYC for the full fiscal year that ended on June 30.

These numbers were announced a few days ago by Mayor Bill de Blasio. “No loss of life on our streets is acceptable, but under Vision Zero, we have seen continued and consistent progress, with traffic fatalities on the decline for three-and-a-half-years, strongly countering national trends,” said Mayor de Blasio.

Since 2014, the city has been taking multiple measures such as street redesign and traffic enforcement to try to make the streets safer for all New Yorkers. Pedestrians, especially children and seniors are the most at risk of being fatally struck by a car. Among the 93 people who died in traffic accidents, 47 of them were pedestrians. Respectively 63, 54 and 55 and  of them died during the same period of 2016, 2015 and 2014.