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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Northern Boulevard and Prince aerial viewA pedestrian was fatally struck by a car in New York City last night. The 79 year old man was crossing the street at the intersection of Northern Boulevard and Prince Street in Flushing, Queens, when he was struck by a SUV.  The driver was a 56 year old woman. She stayed at the scene of the accident and wasn’t charged. The pedestrian was transported to the hospital in critical condition. He later died from his injuries according to the NY Daily News.

Northern Boulevard is considered one of the most dangerous arterial roads in New York City. When mayor de Blasio signed 11 Vision Zero bills into law he held his press conference on Northern Boulevard and 61st Street.  This is where 8 year old Nashat Nahian (whose family is represented by our firm) was killed by a  truck driver on his way to school.

Northern Boulevard is a Vision Zero Priority Corridor. To reduce pedestrian deaths on the Northern Boulevard, the DOT recently presented several safety projects to local community boards such as Northern Blvd – Honeywell St to Broadway Corridor Safety Improvements and the Northern Boulevard – 105 St to 114 St Corridor Safety Improvements.

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3415 Neptune Ave street viewA baby girl died in an elevator accident in New York City on Thursday.  Her mother was also injured in the accident. She was expected to survive. Last  Thursday around 10:30 am, 21 year old Aber Al-Rabahi put her 6 month old daughter Areej Ali in her stroller and headed out of her apartment for a walk. Aber Al-Rabahi and her daughter called the elevator on the 23rd floor of of the Sea Rise, a residential building located at 3415 Neptune Avenue, in Coney Island, Brooklyn. As the elevator doors opened, the mother pushed the stroller inside and walked in without  realizing that the car was stuck 6 feet below. The mother landed on the top of her daughter on the roof of the elevator. The elevator fell down eight stories where the the mom and her daughter landed on the roof. A maintenance worker who heard the mother screaming ran to the rescue. The mother and the infant were both transported to the hospital. The infant was pronounced dead on arrival at the hospital. The mother is expected to survive.

Neighbors told the NY Daily News that both elevators in the building were constantly having problems. On Wednesday night tenants complained that the elevator was not functioning proprely. A mechanic from Centennial Elevator Co. had arrived an hour before the accident. He was working on the elevator when the accident happened. Centennial Elevator has two open OSHA investigations . One of them is related to one of their employees who lost an arm  while repairing an elevator in New York City last May (see previous blog).

According to the Gothamist, this is the second time that someone was killed in an elevator accident at the Sea Rise Complex. In 1991, Chandler  Johnson bumped into the door of the same elevator. The door opened and Chandler fell to his death down the shaft. Since the young man died, there were 147 elevator violations in the building.

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NYCHA_Logo_480x480Two toddlers died in a fire last April in a Bronx apartment belonging to the New York City Housing Authority. The investigation found that the apartment was visited four hours earlier by Rene Rivera, a former NYCHA maintenance employee. When a NYCHA worker visits an apartment they have to execute several safety checks that include smoke detectors check. The employee signed on his report that the smoke detectors were working in the apartment he just visited. He later confessed to investigators that he actually never looked at them. The employee’s failure to check the smoke detectors resulted in the death of two toddlers in a fire a few hours after his visit.

In an article Today in the NY Daily News, Rivera complains that the work overload at the Butler Houses was such that he didn’t have much time for safety checks.  Rivera blames the faulty error on an understaffed crew and unrelenting pressure to keep things moving. The 27-year NYCHA veteran worker explained that he was overwhelmed by the 25 to 30 appointments he had to respond to every day.

Read more in the NY Daily News

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Daniel+Pollack-1When a vulnerable individual is injured or dies because of negligent supervision the term “line of sight” is often used. In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City, looks at the meaning of “line of sight”.

If an individual requires continuous line of sight supervision, what does it mean exactly? Does it mean that a supervisor must constantly have his or her eyes on the individual? Does it mean that a person must have an unobstructed  view of the room where the individual is? Daniel Pollack relied on his previous experience as an attorney for the Ohio Department of Youth Services to explain that the interpretation of “line of sight” varies depending on cases.

The complete article can be downloaded here

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25 people died and 5,383 were injured in motor vehicle accidents in New York City last August. During this month, the NYPD recorded a total number of 19,388 traffic accidents. Motor vehicle accidents have been on the rise in New York City over recent years. From 16,729 in August 2013 the number of accidents steadily increased to 17,000 in August 2014 and  18,862 in August 2015. A monthly record was reached last June with 20,362 accidents.

NYC traffic accidents August 2016
In an attempt to reduce the number of deaths related to these accidents, New York The de Blasio administration launched Vision Zero at the beginning of 2014. Since then, the number of fatal traffic accidents has been on a declining trend despite an increase in the total number of crashes.  After reaching a monthly record low of 11 in March 2016, fatal traffic accidents spiked again to 29 last June and 25 last August.

NYC traffic accident deaths August 2016
While Vision Zero may have helped in curbing the number of deaths on the road, the number of people injured in motor vehicle accidents in New York City continued to rise over in recent years. In August 2013, 4,846 people were injured in NYC traffic accidents. This number decreased slightly in 2014 to 4,445 before increasing again in August 2015 to 4,737 and reaching almost 6,000 in August 2016.

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OImage result for hoboken train terminalne person died and around 100 were injured in a train crash in Hoboken, just across the Hudson River from New York City. The train entered the terminal at high speed, crashed into the barriers and jumped onto the platform. The accident occurred yesterday morning during rush hour. Thousands of commuters were crowding the station. The impact was so strong that the concourse inside the terminal was torn apart. The ceiling fell onto the locomotive.

34 year old Fabiola Bittar de Kroon had just dropped her 18 month old child at a day care center and was waiting at the terminal to catch a train. During the accident, she was fatally hit by debris. A little more than 100 people were also injured by flying debris. More than 70 of them had to be transported to the hospital to be treated.  The young woman who was killed was a Brazilian lawyer. She had just moved to the United States a year ago to be with her husband, a businessman who had recently been relocated to New York by his company. De Kroon’s husband, Dann,  was in Pennsylvania for his work when the accident happened. He rushed back to the city to pick up his daughter at the day care center. He was clearly distraught. He asked the owner of the center  “How do you tell an 18-month-old that her mother is gone?”

The terminal was closed to the public Today as federal investors are inspecting the site of the train accident. The National Transportation Safety Board is turning its attention to the train engineere, Thomas Gallager, to better understand what he was doing during the crash.  Gallager who was rescued from his crumbled cabin, is fully cooperating. Gallager has been a train engineer for 29 years. According to his neighbor, Gallager wanted to be a train engineer since he was a kid and was enthusiastic about how much he loved his job.

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A pedestrian was fatally hit by a car in NYC on Friday night. 28 year old Francis Perez a Sheepshead Bay resident, stepped out of his house around 8:00 pm. He went to a nearby grocery store. He bought snacks for his son and his girlfriend. On his way back, he crossed Avenue V between Ford and Coyle Street. A car hit him at high speed. He flew in the air. A witness ran and gave him CPR. It wasn’t enough. The ambulance took him to the hospital where died there from his injuries. He left behind his girlfriend, Sandra Mcillwain, and their 8 year old son Francis JR. The police are still looking for the hit and run driver who killed him. Read more in the NY Daily News.

A Google aerial picture of the location of the accident shows that there are several stores and businesses on Avenue V between Coyle Street and Ford Street. It also shows that there are no pedestrian crossings despite commercial activities.

aerial picture of Avenue V

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daLeft turn accidents in New York City kill or severely injure pedestrians and bicyclists 3 times more than right turns. These findings are part of a study focusing on left turn crashes that was recently released by the NYC DOT.  As part of Vision Zero, the DOT carefully analyzed 1,105 crash reports over a period of 5 years.

The most dangerous intersections for left turns are those when a vehicle is turning left from a one lane and one way street onto a two way and two lane street wider than 60 feet. When a driver makes a left turn in this type of intersection, his visibility of pedestrians is limited. Additionally, the driver often pressured by traffic behind him, has to find gaps between the incoming traffic and the pedestrians crossing.

The study also found that victims of left turn accidents are mostly pedestrians with a median age of 67. They are most commonly hit by cars, vans or pickup trucks.

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accident sceneA reckless driver fatally backed up into a pedestrian in Manhattan. The 41 year old man was driving North on Third Ave. As he was crossing E. 71st Street, he suddenly stopped in the middle of the intersection. He then proceeded to back up toward a parking spot. As he was doing so, 83 year old Lee Strong, a Upper East Side resident, had just started to cross the street in the crosswalk. The driver didn’t see her and backed into her.  She was knocked down and suffered severe head injuries. She was transported to the hospital in critical condition. She died of her injuries one day after being admitted. The driver stayed at the scene of the accident. The police have not made a decision yet as to charge him or not.  Read more in the NY Daily News

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truck speeding1,000 people die in truck accidents related to speed every year in the US. If truck drivers weren’t able to drive faster than 60 mph, the NHTSA estimated that half of these people would be alive. For almost 10 years most trucks in the world have been equipped with electronic technology that can limit their speed but so far US truck operators have not been legally required to use this system. Few of them are using them. Schneider National, a truck carrier from Wisconsin is one of the only companies to use them on all its trucks for two decades. Traffic safety advocates and industry trade groups have been pushing for truck and bus companies to use this safety device for years.

Finally last month, the NHTSA released proposed rules to mandate electronic speed limiters in all trucks and buses with a weight equal or bigger than 13 tons. The NHTSA is not sure yet if they also want to apply these rules to the vehicles already on the roads. They are also hesitant in the choice of the speed limit. Should it be 68 mph, 65, mph or 60 mph? Traffic safety advocates want the lowest speed because it potentially saves more lives but independent truckers who are paid by the number of loads delivered see the speed limiter as a decrease in their income. They argue that a truck that goes slower than the rest of the traffic also causes risks of accidents.

In the Canadian provinces of Ontario and Quebec, electronic speed limiters are mandatory and must be set at 65 mph. In Europe, electronic speed limiters have been mandatory since 1993 for big trucks of 13 tons and more. The European Commission is planning to introduce the same regulation for smaller trucks as well.

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