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 worker was fatally hit by a train in New York City on Saturday morning. The victim’s identity hasn’t been revealed as investigators are still trying to determine the causes of the accident and why the worker was on the tracks at that time. According to the Gothamist, the accident occurred near the Long Island Railroad (LIRR) Queens Village train station. The worker who was a LIRR employee was struck by a Penn Station-bound train coming from Huntigton, Long Island.

Passengers were stuck in the train at for least an hour before being evacuated and transported by bus to their destination. Many of them reported seing blood on the train windows as well as blood, guts and flesh on the tracks.

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child in carLast week a bill that would help prevent kids dying from heat stroke in hot cars was introduced in Congress. Backed by several safety, health and consumer advocates, HOT CARS Act of 2017, H.R. 2801 is a bi-partisan proposal introduced by U.S. Representatives Tim Ryan (D-13th OH), Peter King (R-2nd NY) and Jan Schakowsky (D-9th IL). The  bill was launched at the same time as the National Highway Traffic Safety Administration (NHTSA) kicked  off  The National Vehicular Heatstroke Prevention Campaign. More than 700 children died in hot cars over the last 18 years. Every summer distracted parents unintentionally leave their children unattended in their car. This situation occurs mostly when the children fall asleep in the back seat and parents temporarily forget about them.

The bill that was just introduced proposes to require car manufacturers to install an alert system to remind parents that a child may still be seated in the back. A similar bill stalled in committee last year. If this bill was passed it would still take several years for changes to be implemented.

Some manufacturers however have already started to offer to options to prevent them from leaving their child in the back seat.   The company evenflo now has car seats equipped with sensors that will remind the driver that a child is in the car seat when the car engine is turned off (see video below). Many cases of children dying in hot cars have been reported after children entered a car and locked themselves in it. The new line of General Motors Acadia SUV is equipped with an alert that will go on if a back door is open before the vehicle is started.

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NYC construction workersOver the last few years, the number of construction workers dying or suffering severe injuries on the job increased dramatically in New York  City. According to the most recent statistics from the New York Committee for Occupational Safety & Health, 25 hard hats lost their life on NYC construction sites in 2015 compared to 17 in 2011. The majority of the fatal construction accidents in the city occurred on non unionized construction sites. Undocumented immigrant workers are often the most at risk of suffering catastrophic injuries or of dying in construction accidents.  One of the fundamental reasons why such a significant number of workers are dying on non unionized sites is the lack of training. Construction workers on non unionized sites are often not trained as well as unionized workers or not trained at all in some cases.

Mayor Bill de Blasio also believes that many construction accidents could be avoided if construction workers were better trained.  According to Politico, the mayor is working on a proposal to increase training for all construction workers in New York City. In the new proposal, all workers will be required to attend minimum training  of 54 to 71 hours. Supervisors will have to train an extra 30 hours on the top of the minimum requirements. Workers who are doing more dangerous tasks such as those working in confined space or workers doing work related to rigging safety, scaffolding, excavation, demolition and perimeter protection will have to attend additional training specific to their activity.

The new training rules are expected to be introduced to the City Council  in the next few weeks.

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Mattern-hudson-yards-3A construction worker died in New York on Monday. The accident happened at  Hudson Yards, a gigantic construction site in Manhattan. It is not the first time that a construction worker fell to his death on this site. Another deadly fall occurred at Hudson Yards in August 2015.

Around 6:40 pm on Monday evening, 62-year-old Roger Vail of Montgomery was doing a survey on the 16th floor of  the 400 W. 33rd St building when a wooden platform he was standing on gave way.  The man fell 10 stories and landed on the 6th floor. He died at the scene of the accident. Vail was hired by the company 50 States engineering which itself had been hired by Tishman Construction. Sadly, he was working on the installation of a fall prevention system.

Fortunately, in New York a construction worker is mot limited to Workers compensation. Pursuant To Section 240(1) of The New York State Labor law (the Scaffold Law) the next of kin of the worker are entitled to bring what is known as a Third Party action against Tishman and the owner of the construction site. At least they will be able to receive  compensation for this tragedy.

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seatbelts prevent children from dying in car accidentsToo many children are dying in car accidents in the US  because they are not adequately restrained. Improper restraint is the number one cause of children fatalities in car accidents in the US. A recent study published in The Journal of Pediatrics found that if the percentage of children unrestrained or inappropriately restrained while riding in  a car in the US  decreased from the actual estimated figure of 20% to 10%, 232 children deaths would be averted every year. The study by researchers from Brigham and Women’s Hospital in Boston, MA, the Children’s Medical Center of Dallas and the Department of Surgery, University of Texas Southwestern Medical Center in Dallas, TX,  looks at car accident data by States from 2010 to 2014.

Important variations were found from state to state. Globally 52% of the children who died in a car accident in the US camme from the South, 21% from the West, 19% from the Midwest and 7.4%  from the Northeast. While looking at factors that may increase the risk of children deaths in car accidents, the researchers found that in New Hampshire only 2% of children who died in a car accident were improperly restrained while in Mississipi 38% of the children who died in a car crash were improrely restrained.

The type of roads as well as the absence of legislation in regards to red light cameras are also important factors in children mortality in car crashes. Rural roads are the type of roads where children have the highest risk of being killed in a car accidents. Several factors such as poorer road quality, limited lighting or visibility, lesser enforcement of speed or long distances to trauma centers may explain why more children are dying on the road in rural areas. Researchers also found an increased risk of pediatric mortality in car accidents in States that didn’t have legislation for red light cameras.

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ABScan prevent fatal motorcycle accidentsApproximately one-third of all fatal motorcycle accidents in the US could be avoided if motorcycles were equipped with mandatory ABS according to a study by the Insurance Institute for Highway Safety. ABS stands for anti-lock brake systems. This technology which is used on most cars prevents the wheels from blocking when a driver brakes abruptly and vigorously. It is also helps controlling the vehicle while braking for emergency conditions or on slippery roads.

The NYPD and the California Highway Patrol bikes are all equipped with this system which has proven to be very effective to decrease motorcyclist deaths and injuries. ABS is now mandatory on all new bikes sold in Europe and soon they will be mandatory on all new bikes sold in Japan, India and Brazil.

In the US, the National Highway Traffic Safety Administration regulators came very close to making ABS on motorcycle mandatory in 2009. ABS was put on the NHTSA regulatory agenda in July 2009 with the agency citing ” potentially large benefits for braking improvements”. The regulators then suddenly changed their mind and decided “there wasn’t enough proof that the lives saved and the decrease of injured motorcyclists would outweight the additional cost to manufacturers”. Now with the anti-regulatory Trump government, motorcyclists will continue to die on American roads before regulators make the right decision.

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accident sceneA woman died and 3 other people suffered personal injury in a car crash in New York City early Monday. The victim was identified as 48-year-old Wazeda Banu. She was a passenger in a 2009 Nissan Sentra driven by a 51-year-old man. Another 59-year-old woman was riding with them. The trio was driving North on 164th Street near the Grand Central Parkway service road in Queens, NYC, when a 2012 Toyota Scion SUV t-boned them.  Wazeda Banu who was sitting right were the car was T-Boned was rushed to the emergency with severe chest pain. She died from her injuries at the hospital. The driver and the passenger who were riding with Wazeda Banu also suffered  injuries and were transported to the hospital. Their lives are not in danger. The 36-year-old driver of the SUV suffered minor injury and was also sent to the hospital to be treated.  The accident is still being investigated by the police.

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prevent drowning in poolsToo many kids are still fatally drowning in swimming pools and spas every year in the U.S.. According to a new report from the Consumer Product Safety Commission, drowning continues to be the number one cause of death among children between 1 and 4 years old and the second leading cause of death among children 5 to 14-years old.

Families need to be constantly educated about the risks of fatal and non-fatal child drowning in spas and swimming pools. Therefore the “CPSC Pool Safety Campaign” team and the Michael Phelps Foundation recently announced that they were joining forces to fight this serious public health crisis. In a recent joint press conference of the CPSC and the Micheal Phelps Foundation, Micheal Phelps told media that the CPSC pool campaign would be integrated into his IM Program. The program encourages children to be healthy and active by offering swimming lessons, water safety courses and other recreational activities around the pool. At a recent event, children learned to swim and how to be safe in the water. Every child also took the pool safety pledge to

  • never swim alone
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A worker died and another one was injured in a construction accident in Long Island, NY, last Wednesday. Edward Sinnott, an employee from the construction company Antonio and Sons, was buried to death in 15 feet of dirt. The accident occurred as the 59 year old man was standing on the top of the hole, directing the digging of a new cesspool system for a private home on Beech Place, in Hutington, NY. All of a sudden around 1pm, the cesspool collapsed, submerging Sinnott alive. Another construction worker who was standing next to him was able to survive by grabbing the bucket used to dig in the area. Crews used all types of equipment to try to find the construction worker quickly but his body was recovered  6 hours later. OSHA is now investigating the accident. The house was also reported unstable and unsafe. Read more in the Gothamist Our Partner Howard Hershenhorn recovered $3,500,000 in Suffolk County for the family of a man killed when the cesspool at his home collapsed.

 

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A pedestrian died in a truck accident in New York City early Sunday morning. The truck never stopped after he hit the pedestrian and neither did several vehicles who also hit him after he fell on the ground. The truck hit the pedestrian around 2:30 am on Sunday morning as he was walking on the Northbound lane of the Cross Bronx Expressway near Castle Hill Ave.  The pedestrian died at the scene of the accident. The police are still investigating the hit and run.

Truck accidents have been on the rise in New York City over the last few years. Up until the beginning of 2016, the number of accidents in the city was contained below 1,000 a month, usually between 500 and 700 at the most. Over the last year, the monthly number of truck accidents has doubled and sometimes tripled in New York City. According to the most recent statistics from the NYPD, there were 1,571 truck accidents recorded in March 2017, compared to 1,017 in March 2016, 733 in March 2015 and 573 in March 14. Several factors such as the recent economic boom and the increase in the number of consumer goods being ordered through the internet may have contributed to this alarming increase in truck accident in NYC.Truck accidents NYC March 2017

 

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