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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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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construction workerThe New York City Department of Buildings announced earlier this year that 12 people died in  construction accidents in New York City in 2015 but the real number is 18. According to a recent article in Crain’s, the New York City Department of Buildings only counts deaths that are related to a violation of the city’s construction code.

Despite being featured by media and investigated by OSHA, all other deaths on NYC construction sites are not counted as construction accident deaths  in the DOB statistics. This obviously doesn’t make much sense. The DOB numbers are a distorted indication of the level of safety on New York construction sites.

Among the deaths that the city didn’t count were a hard hat who fell to his death in an elevator shaft,  a safety coordinator crushed by a crane, a worker who fell from a ladder and a truck driver who was sucked into a concrete truck shaft. Following these deaths, OSHA issued safety violations for each case. However the DOB didn’t and also didn’t add them to the total number of New York City construction accident deaths in 2015.

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cyclists in New YorkBicycle accidents in New York City have killed more people in 2016 than in previous years. A recent article in the NY Daily News looks back at some of the accidents that occurred this year and how they could have been prevented.

Many fatal accidents took place in areas that have been designated by  Vision Zero  programs to be re-engineered because they were too dangerous for bicyclists and pedestrians. Unfortunately not every community board is pedestrian and bicyclist friendly. Some of the deadly bicycle accidents occurred in areas where community boards rejected Vision Zero projects to make streets safer.

When asked to comment about the steep increase of bicyclists dying in traffic accidents in the city, the Department of Transportation replied that the streets of New York City have never been as safe as Today. Statistically, compared to the estimated number of  daily bike rides, the number of severe injuries or deaths related to bike accidents is at its lowest.  According to DOT calculations cyclists were 72% safer in 2014 than in 2000. The DOT estimated that in 2014 420,000 people were riding a bike everyday in New York City. That is almost triple the amount of  2000.

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New York City has one of the highest rates of traffic fatalities and serious injury in America and in the World. When looking at deaths only, NYC has a lower rate of traffic fatalities than its American peer cities. However when compared to other international cities such as Hong Kong, London or Stockholm, New York is still lagging behind.

traffic fatalities and injuries rates for selected cities
It is time for New York to improve these numbers! The NYC Department of Transportation just released its Strategic Plan 2016. A lot of focus is being directed to traffic safety and protection of bicyclists and pedestrians but is it enough?

Vision Zero continues to be the main program in terms of safety. The goals of the strategic plan 2016 is to integrate the program across all agencies and to improve data and analytics  related to Vision Zero objectives.  Street engineering is planned to continue in every boroughs, on high crash arterial roads and on roads to schools or near senior centers. The campaigns of awareness and education will continue. Among the new initiatives, the DOT will focus on evaluating left turn safety plans and implement recommendations from a previous study on bicycle fatalities and injuries. The DOT will also try to expand the speed camera enforcement which has proven to be very successful. The DOT will also push for mandatory seatbelt use, tougher regulation for drugs while driving, better data sharing with The NYPD in regards to crashes and work on new technologies to reduce crashes.

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accident sceneA 63 year old pedestrian was fatally hit by a car in New York. Barney Pink, an army veteran was crossing Morningside Ave mid-street near 124th street in NYC around 7:40 pm when a car hit him. The driver stayed at the scene of the accident. Barney Pink was rushed to the hospital but he could’t be saved.  Read more in the NY Daily News

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New York Construction SiteNew York has the sixth lowest construction worker injury rate in the U.S. according to the Bureau of Labor Statistics. Despite being among the safest cities for hard hats, working on a New York City construction site remains one of the riskiest occupations in the City.

According to “The price of Life, 2015 report on construction fatalities in NYC” released by The New York Committee for Occupational Safety and Health (NYCOSH), construction work accounts only for 4%  of employment but for 20% of occupational fatalities in New York State. As in the rest of the nation, falls to a lower level are the number one cause of death on New York construction sites. Almost half of the fatalities on NYC construction sites are related to falls from Heights.

Roofing and siding workers doing construction work at an elevation are the most at risk of a fatal fall.  These workers are often working in an unsafe environment. 80% of New York roofing and siding contractors who received a visit from an OSHA inspector between 2010 and 2012 received violations.

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accident sceneA 48 year old man died in a motorcycle accident in New York City last Sunday. Edison Torres was riding his motorcycle East on the Bruckner Expressway in the Bronx, NYC. As he was near Pugsley Ave in Unionport, he collided with a car driving in the same direction. He then lost control of his bike and hit the ground. He was rushed to the hospital but he couldn’t be saved.  Read more in the NY Daily News

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location of the accidentA 23 woman died in a car accident in New York City on Sunday morning. 6 other people were also injured in the accident.  The deceased victim, Desray Leroy and all the other people injured in the accident were riding in the same car.  They were celebrating the 21st birthday of Stephany Leroy, the sister of the victim according to ABC7 NY. They were coming back from a club and the 7 of them were packed in a 2004 Audi 6 sedan. The car’s maximum capacity is 5 people. Desray Leroy was sitting on the lap of one of the passengers. They were driving North on 120th Street in South Ozone Park, Queens. As they arrived at the intersection of Linden Boulevard, the driver allegedly ignored the stop sign and struck a Honda Civic. The Audi then veered into a wall and then flipped over. The driver of the Civic, a 53 year old woman identified as Ray Mouton, was arrested for aggravated unlicensed operation of a vehicle according to the NY Daily News. The 6 other passengers of the Audi were taken to the hospital with non life threatening injuries. The police are are still investigating the exact cause of the crash.

Picture: location of the accident, courtesy of Google Map

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In 2014,  a motorist plowed into a crowd in NYC, killing one person and severely injuring another. He was convicted at a Bench Trial in March. Yesterday he was sentenced to 18 years to life in prison.  Almost two years ago, 22 year old Kevin Weekes tried to crash a baby shower in Queens. He was thrown out and became furious. He got into a fight and was stabbed. He then got back into his car, made a U-turn and drove into a group of people standing outside the shower party.  He fatally struck 20 year old Kevin Lewis, who was dragged under the car for half a block and seriously injured 21 year old Antoinette Green.

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accident sceneA man died in a motorcycle accident in New York City last Friday. 26 year old Michael Ramnath from the Bronx was riding his bike north on the Cross Island Parkway in Queens when the accident occurred. According to the NY Daily News, the motorcyclist was attempting to switch lanes when he struck a car. He then hit the guardrail and got ejected from his motorcycle.  The young man was transported to the hospital in critical condition. He later died from his injuries. The driver of the car stayed at the scene of the accident and wasn’t charged.

Another motorcyclist was in critical condition after he hit a pothole in Bedford-Stuyvesant, Brooklyn. The biker was riding South on Marcus Garvey Boulevard. As he was approaching Kosciuszko Street he hit a pothole and got ejected from his motorcycle. he was transported to the hospital in critical condition. It is obviously extremely dangerous to ride in The City. One has to deal with numerous roadway defects as well as drivers who are not alert to motorcycles. If you must ride keep within the speed limit, don’t expect drivers to yield and always be on the lookout for potholes and improperly laid metal plates, among other hazardous roadway conditions.