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 young pedestrian was struck by a car in New York City last week. The accident happened at the dangerous intersection of E. 165th St. and The Grand Concourse in the Bronx. The 11 year old boy was crossing the Grand Concourse when he was struck by a car driving South on E. 165th Street. The boy was critically injured during the accident. (read more in the NY Daily News)

E. 165th Street between Jerome Ave and Melrose Ave was flagged by Vision Zero  for a safer street redesign. Between 2009 and 2013, two pedestrians died, 37 were injured (including 5 severely) and 6 bicyclists were injured in traffic accidents at this specific part of the street.  The two fatalities occurred at the intersection of E. 165th St. and The Grand Concourse where the 11 year old boy was critically injured last week.

According to Vision Zero statistics, 50% of the pedestrian accidents on E 165th street are caused by drivers failing to yield and 28% of all motor vehicle crashes on this street took place while a driver was making a left turn.

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A cab driver died and a woman were injured in a car crash in Long Island, NY, early Saturday morning. 23 year old Duke Obule was drunk and speeding behind the wheel of a luxury sports car when he lost control of the vehicle at the intersection of Hempstead Turnpike and Lincoln Road in Franklin Square. The impact was so strong that the taxi careened all the way across Hempstead Turnpike and crashed into a utility pole. The cab driver was killed in the accident.  The drunk driver fled the scene of the accident by foot leaving behind an injured 20 year old woman who was in the car with him at the time of the accident. She suffered a broken ankle and was taken to the hospital. Obule  was caught by the police an hour later on Hempstead Turnpike,  a mile away from the accident. Not only was Obule  drunk driving and speeding but he also had no license. He faces 10 charges including manslaughter and DWI. According to residents Hempstead Turnpike has a history of speeding and accidents.

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printing houseA construction worker died after a scaffolding plank fell on his head at a New York construction site. 32 year old Luis Mata, was dismantling scaffolding at the Printing House Luxury Condos on Hudson Street when one of the planks became loose and fell 10 stories on his head. The construction worker was wearing a hard hat but the impact was so strong that he suffered severe head and neck injuries. He later died from his injuries at the hospital. Luis Mata was a non union worker from Mexico. He was living with his uncle in Westchester County. He was supporting his mom in Mexico.

Unfortunately we are seeing an increasing number of construction site accidents on non union jobs, as a result of contractors not implementing proper safety measures.

Following the accident, the NYC Department of Building issued a partial stop work order on the building. DOB records for the building located at 421 Hudson Street show that at the time of the fatal accident, the building had 6 open ECB violations including two class 2 and two class 1 violations  as well as 8 DOB violations.

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bicycle truck accidentA bicyclist died after being struck by a tractor-trailer truck in Brooklyn, NYC, on Wednesday morning around 9:00 am. The accident occurred at the intersection of Sterling Place and 6th Ave in Park Slope in an area where tractor-trailers are not authorized to drive except if they have a special permit. In NYC, tractor-trailers can only drive on designated truck roads but according to local residents it is common to see big rigs driving on 6th Avenue especially since the Atlantic Yards has been developed.(see video below). The NYPD doesn’t seem to really care about this issue as so far since the beginning of the year no tickets for truck route violations have been issued by the 78th precinct where the accident happened. Instead of admitting that the truck wasn’t supposed to be driving in a narrow residential avenue, the NYPD blamed the bicyclist for his own death.

In a first statement the police implied that the cyclist was at fault and hit the rear wheel as he was trying to grab the side of the truck to hitch a ride. In a second statement the NYPD changed its version and said that the bicyclist was pulled under the wheel of the truck by a wind force. For this to happen, the truck would have to have been driving at a speed that would likely be impossible to reach on this narrow Brooklyn Ave.  It seems pretty obvious to us hat the big rig wasn’t supposed to drive in the residential area and that he recklessly passed the bicyclist too close. Additionally, witnesses reported that he was driving with headphones on.

Read more in the Gothamist

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In New York  City’s heavy traffic, bicyclists who are commuting to work are facing the risk of being injured or dying in a bicycle accident. As part of the Vision Zero initiative, Mayor Bill de Blasio wants to make New York City a friendly city for bike commuters. Protected bike lanes have proven to be one of the best ways to protect bicyclist from injury or death by negligent car drivers. Unlike regular bike lanes, that are often blocked by cars, protected bike lanes physically separate car traffic and bicycles with concrete, trees or parking lanes.

In 2016 the DOT will implement 15 miles of these types of bike lanes in the City. Last year 12 miles were added. Among this year’s projects, the DOT has work planned and in progress in the following areas of the city’s five boroughs:

  • In the Bronx: using excess roadway space on the accident prone area of Bruckner Boulevard between Hunts Point and Longwood Ave to create a protected bike lane (read more on Streetblog and download DOT PDF here )Protected bike lane Bruckner Blvd
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Bicycle accidents injuries deaths NYC February 2016Bicycle accidents in New York have been on the rise in recent years and so have the number of people injured or killed in these accidents. Commuting by bike has become quite popular among New Yorkers but it remains quite dangerous mostly because car drivers are driving negligently.

Despite new Vision Zero safety measures such as street re-design and the addition of miles of protected bike lanes the biggest danger bicyclists are facing in the city are negligent car drivers. To raise awareness about the danger that commuters are  facing while using their bicycle to go to work, Jake Dobkin from the Gothamist has asked several colleagues who use their bikes for their daily commute to film their ride.

Jack Dobkin commutes daily between Park Slop and Dumbo in Brooklyn and he is using his bicycle to go to work as well. In Episode One of this series, Jack shows his own daily bicycle ride to the office. Jack says that he’d rather ride one more mile on each commute to avoid using Jay Street which is one of the most dangerous street for bikers in NYC (if you want to understand why check the video clip on our( NYC bicycle accident lawyer page).

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NYCHA Buildings2 baby girls died in an apartment fire in the Bronx, NYC yesterday. According to the NY Daily News, a pregnant mother left her two year old daughter and her 18 month old sister alone in her apartment while she was going to do the laundry at a nearby laundromat. She also left some incense burning in the house and may have disabled the smoke alarms. According to the New York Housing Authority who owns the building where the fire happened, the alarms were functioning five hours before the blaze.

A neighbor also told the Newspaper that the mother,  26 year old Haya Conce, was always burning incense by the window and she often left the kids alone in the apartment. She was warned that it was dangerous but she ignored the warnings. When the firefighters carried the dead bodies of her babies out of the building shes collapsed on the sidewalk. Firefighters said the dramatic accident may have been prevented if the fire alarms hadn’t been disabled.

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High School AthletesWhile a lot of emphasis has been recently put on protecting professional and college athletes from suffering serious injuries and their long term consequences, very little is done on a national scale to protect high school athletes. In a recent article in the Health section of the New York Times Jane E. Brody points out that there are still no national guidelines or rules protecting high school athletes and that it is the responsibility of the states and the schools to protect them. Unfortunately most states and schools are lagging behind in implementing serious safety measures. Last year in the US 50 high school athletes died while playing organized school or league sports and thousands of them suffered long term complications from sports related injuries.

Cardiac arrest, head and neck injuries as well as exertion are the most common causes of death among high school athletes. The author indicates that many of these deaths could have been prevented if the high school had:

  • an emergency action plan
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A few days after a DOI investigation revealed that NYCHA knew about faulty elevators that killed a resident and injured another, the NYC Housing Authority announced that Ken Buny, the head of the elevator division was fired. Five NYCHA employees who failed to communicate that the elevators were malfunctioning were also reassigned. They are all facing disciplinary charges that could also result in firing. (Read more in the NY Daily News)

The investigation revealed that NYCHA knew about the faulty elevator before the fatal accident happened but because of a communications  breakdown nobody went to fix it.  On December 24 2015, the NYCHA’s Customer Contact Center (“CCC”) received a phone call from a resident at the  NYCHA’s Boston Road Plaza senior building in the Bronx to inform them about a very dangerous malfunctioning elevator. NYCHA didn’t take immediate action to put the elevator out of service. An hour and half  later, 84 year old Olegario Pabon was critically injured when the elevator drifted upward as he was trying to get in. He died 3 days later from his injuries.  The investigation also found that the NYCHA senior management learned about the accident four days later. Another man was seriously injured in a similar accident that happened in another NYCHA building less than a month before.

In both accidents, the DOI found that brake monitors that should have automatically shut down the elevators were not functioning. After this discovery the DOI checked the 1,080 NYCHA elevators equipped with brake monitors and found that 80 (more than 7%) of them were not functioning.

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Coney Island HousesAn elevator mechanic died in an elevator accident in New York City on Friday. The accident happened at the Coney Island Houses in Brooklyn, a public housing development belonging to the New York City Housing Authority (NYCHA).   54 year old Igor Begun, was working in the elevator machine room of the building located at 2926 W. 25th St when he was apparently electrocuted to death.

NYPD and NYCHA are still investigating the causes of the fatal accident. The report from the medical examiner will provide more explanation on the exact cause of the death.

Igor Begun was alone when the accident happened. Another elevator worker who was doing some maintenance work in the lobby found him unconscious in the elevator machine room. He was later pronounced dead.