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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Bob Simon died in a car accidentOur New York Personal Injury Law Firm is pleased to announce that our partner Howard Hershenhorn succeeded in resolving the Bob Simon wrongful death case on behalf of his widow Francoise Anne-Marie Simon against the defendant Skyline Credit Ride Limousine. The amount is confidential. The CBS “60 minutes” correspondent died in a car accident in February, 2015 after his limo driver lost control of his vehicle on the West Side Highway. Howard  told the New York Post: “The family is relieved that this portion of the case is behind them”.

On February 11 2015 around 7 pm, Bob Simon was on his way to a conference downtown. He was riding a Skyline Credit Ride Limousine  driven by Reshad Abdul Fedahi, a 44-year-old limo driver. Fedahi was speeding down the West Side Highway when he side-swiped a Mercedes-Benz, lost control of his car and hit a metal post. The impact was so strong that the car was completely destroyed. Rescuers pried open the roof to extract the occupants. Simon was found unresponsive with head and stomach injuries. He was rushed to the hospital.

Prior to the fatal accident, Skyline Credit Ride Limousine fired Fedahi after several client complaints but re-hired him after a management change in October, 2014.  At the time he had two moving violations on his regular drivers license: one for speeding and one for “disobeying a traffic device. He  he also had his license suspended 9 times in the past. Additionally Fedahi lost the use of his left arm after a previous suicide attempt during which he jumped from a building in Brooklyn. The company shouldn’t have re-hired him.

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accident sceneA limo driver died after his car hit a tow truck on a Bronx Highway.  His passenger miraculously only suffered minor injuries. 45-year-old Leonel Paulino was driving west on the Cross Bronx Expressway. He was speeding and slammed into an idle tow truck which was helping another motorist.  He suffered massive head trauma and died at the scene of the accident. Amber Normington from Yonkers was seated in the back seat when the accident occurred. Miraculously, she only suffered minor injuries. The driver of the tow truck as well as the motorist who was being helped were also fine.

Read more in the NY Daily News

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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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