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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 MTA contractor was killed by a 2700 pound industrial battery that fell of a crate that he was unloading from a truck. The accident happened at the Throgs Neck Expressway facility near Pennyfiels Ave in the Bronx, NY. The workers at the facility are operating and maintaining the Throgs Neck Bridge. The contractor was part of a team who was working on upgrading the electrical infrastructure at the site.

Read more in the New York Daily News

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Speeding and failure to yield to pedestrians are the leading causes of traffic fatalities and personal injuries to pedestrians in New York City. Therefore as part of the Vision Zero Initiative all NYPD precincts have been instructed at the beginning of this year to increase enforcement of the most dangerous traffic violations.

A new report card from Transportation Alternatives published last week looks at six months of Vision Zero Traffic Enforcement in New York City. Globally across the city, speeding tickets increased by 32% and tickets for failure to yield increased by 153% for the first 6 months of 2014 compared to the first 6 months of 2013. However while looking at the numbers precinct by precinct, Transportation Alternative discovered huge discrepancies. The most troubling was to find neighborhood precincts with similar traffic conditions and street design that had very different enforcement efforts. For example In Harlem,the 26th Precinct nearly doubled the number of speeding summonses issued from last year(294 to 533),

while the adjacent 30th Precinctin Washington Heights issued half as many summonses as they did the prior year.

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A 79 year old woman was killed in a traffic accident in Queens on Friday morning. The woman was crossing 99th street when she was hit by a van which was making a left-hand turn from 62nd road. The driver stayed at the scene (see video below).

One day before another elderly pedestrian was killed by a vehicle in Queens (see previous post) and a 77 year old woman suffered critical personal injury after being struck by a Jeep Wrangler at the Lily Pond Avenue and Narrows Road South in Arrochar, Staten Island, NYC (read more in the SILive)

Last week, the AARP published the results of a voter survey that indicates that 40% of of voters above 50 years old consider drivers who fail to yield to pedestrians a serious problem and 25% of them also say that traffic signals are too quick and don’t allow enough time to cross the road. (read more in New York City Street Blog)

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A man who was driving at 107 mph in a 50 mph zone lost the control of his vehicle and killed himself and his passenger in a frightening car accident, Friday night, a little after midnight in Queens, NYC. The 30 year old driver who was speeding West on the Long Island Expressway lost control of his car as he was trying to switch lanes near Flushing Meadows Park. The car struck a guardrail, flipped over over it and ended it course against a pillar. Both the driver and his passenger, another man in his 30’s died shortly after they arrived to the hospital.

Read more in the NY Daily News

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Gary%20Messina.jpgA skydiving student died and his instructor suffered critical personal injury in a skydiving accident in Calverton, Long Island, NY, yesterday. According to officials, the student, Garry Messina, a NYC correction officer who was celebrating his 25 year old birthday, died on impact after a parachute failure during a tandem jump.

In a statement, Rich Winstock, the director of the United States Parachute Association (USPA), said that the accident was under investigation with the Federal Aviation Administration and that wind may have been a factor.

According to statistics from the USPA, in 2013, there were 24 skydiving fatalities out of 3.2 million jumps, that’s a 0.0075 fatalities per 1000 jumps. For tandem skydiving the fatality rate is 0.003 student fatalities per 1000 tandem jumps. The rate of personal injury is approximately 3 per 10,000 skydives.

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How in the middle of the day, did a driver fail to see an 80-year-old crossing the street in front of her on a one way residential street?
In a recent article in StreetBlog, Brad Aaron is questioning why the police didn’t charge the driver who crashed into 80 year old Margherita Nanfro as she was crossing Rutherford Place at Bay 16th Street in Bath Beach, Brooklyn, NYC, around noon on July 25th. Pictures from the accident suggest that the driver may have been speeding as the impact was strong enough to throw the elderly woman onto the windshield. Reports also suggest that the victim had the right of way.

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An 87 year old woman who was trying to cross the street was hit by a car near Willets Point Blvd and 163rd St in Flushing, Queens, New York, yesterday night. She suffered severe head injuries and later died in the hospital.

In New York City, senior pedestrians have a higher risk to die in a car accident than adult pedestrians. Recent statistics from the DOT show that seniors represent 12% of the NYC population but account for 36% of NYC pedestrian traffic fatalities.
Source: DOT Safe Street for Seniors New York City

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A young man was found dead in an elevator shaft at a public housing building in the Bronx, NYC. 20 year old Tito Morales died after he got crushed between the wall and the elevator car. Morales was visiting his girlfriend last night at the Adams Houses in the Bronx. He went out to buy cigarettes at 3:00 am and was found unconscious crushed between the 18th and the 19th floor an hour later. He was pronounced dead at the scene. Residents of the building said that they were often getting stuck in the elevators and that they would sometimes wait for hours before being rescued. Another resident mentioned that the only way to get out was to try to get out through the top.
It is not clear yet what exactly happened to Tito Morales. The NYPD is invetigating the elevator accident.

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A 10 year old girl drowned to death yesterday in Coney Island, a popular beach in Brooklyn, New York. Takara McDuffy was playing with her 9 year old sister on a rocky jetty when they fell in the water. The accident happened after 6 pm. The life guards had left the beach. The two sisters were pulled out of the water by two young men who saw the accident and jumped in the water to the rescue. The sisters were rushed to the hospital but Takara couldn’t be saved and died. Her sister wasn’t injured.

Unintentional drowning is the second leading cause of death among children under the age of 14 and African American children have a 3 times greater risk of drowning than Caucasian because many of them don’t know how to swim. Programs such as Asphalt Green and Swim Programs from NYC Park have been providing free swim instructions and water safety programs to help prevent drowning accidents.

Several young people before Takara drowned to death since the beginning of the summer in New York. A 2 year old girl was found dead in Prospect Park Lake at the beginning of this month (see our previous blog). At the end of June a 21 year old student celebrating his graduation was swept away by the current after trying to swim in the East River in Williamsburg. A few days earlier two 13 year old cousins died after jumping in the Bronx River.

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A pedestrian died after she was hit by at least one car on Flatbush Ave near Grand Army Plaza in Brooklyn. The accident happened yesterday night after 9 pm and heavy rainfalls were reducing drivers visibility. According to the NY Daily News, the woman had exited of a parked car and was trying to cross Flatbush Ave. A 37 year old motorist hit her and did not stop immediately but returned to the scene shortly after. He told the police that he didn’t realize immediately that he had hit a person. According to the police it is possible that a second car also hit the woman.