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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bicycle accident locationA bicyclist was fatally struck by a car in NYC on Friday Morning. The bicycle accident happened at the intersection of Classon Avenue and Lexington Avenue in Clinton Hill, Brooklyn, New York. The driver was making a left turn from Classon Avenue onto Lexington Avenue when she hit the 34 year old female bicyclist. According to the NYPD the bicyclist was riding southbound against the traffic. According to StreetBlog, the driver, a 41 year old woman, got out of her car and fainted in the street after she saw the victim. The bicyclist suffered severe head and body trauma and was transported to the hospital where she later died from her injuries.

The accident happened at the entrance of a 20 mph neighborhood slow zone. Classon Avenue has a history of accidents and in 2012 the avenue was completely redesigned to become a one-lane road with broader parking spaces on each side. No bike lane was included in the design.

Read more in Streetblog

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carlos monkayoLast year Carlos Moncayo died in a construction accident in New York. Moncaya was working on a construction site located at 9-19 Ninth Ave in the meatpacking district in Manhattan where the old Pastis restaurant was turned into a Restoration Hardware Store. The 22 year old construction worker was buried in a pit after unstable soil gave way. The accident was fully preventable. An hour before it happened an inspector warned the two construction site supervisors, Alfonso Prestia and Wilmer Cuerva that the 13 foot deep pit wasn’t proprely re-enforced and that nobody should get in the trench. Both men ignored the warning. An hour later the inspector saw 4 men in the pit and rushed again to the two supervisors to urge them to halt work. Two hours later the supervisors finally decided to call the crew out of the pit but it was too late. The trench collapsed and Moncaya died. The two supervisors were charged with manslaughter, criminally negligent homicide and reckless endangerment. According to recent court papers, the two supervisors are now blaming each other for the fatal construction accident. Prestia says that he wanted to fire the foremen who created the unsafe conditions but that Cuevas always opposed it. Read more in the NY Daily News 

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skye brunettiA young mother and her dog were fatally struck by an out of control car in Long Island, NY. 25 year old Skye Brunetti had just dropped her 4 year old boy at school and was walking back home with her dog when a car jumped the curb and fatally hit both of them.

The car driver, 50 year old Barbara Cottone was transported to the hospital in critical condition. The accident happened on Union Boulevrad in East Islip.  People living in the neighborhood told the NY Daily News that the area was notoriously dangerous and that many accidents previously happened at the same location.

If you want to help the family pay for her funeral expenses you can go to GoFundme

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Fatal pedestrian accident locationLast week a pedestrian died in a hit an run accident at the intersection of 21st Street and 3oth Road in Astoria, Queens, NYC. We pointed out in a recent blog related to this accident that the intersection was very dangerous and had no crosswalk.  An article in DNA now indicates that 9 people were previously injured in car accidents. The article also mentions that Transportation Alternative had campaigned for the installation of stoplights at this location but that it was declined by the DOT.  After last week’s fatal accident, the DOT said it would reconsider its decision.  Read more in DNA

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Little Bay ParkA motorcyclist died after he apparently crashed his bike into a tree in Bay Side, Queens, NYC.  According to the the NY Daily News the motorcyclist was found dead on a path in Little Bay Park  by a passing bicyclist. His dirt bike landed several feet away on some rocks near the water. The man apparently lost control of his bike and hit a tree. The cyclist who found him told the News that the motorcyclist may have hurt himself after crashing on the rocks and then walked to the grass and laying on it before he died. Read more in the NY Daily News

 

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Prince_St_-_Google_MapsAnother pedestrian was killed in a car accident in NYC in the 109th precinct. According to Streetblog, this is the third pedestrian to die in this precinct since the beginning of the year. The accident happened Tuesday morning at the crossing of Prince Street and 35th Ave in Flushing, Queens. A 57 year old man who was crossing the street in the crosswalk was struck by a SUV driven by 55 year old Raymond Ortiz as he was making a left turn. Ortiz stayed at the scene of the accident and was charged with violation of the right of way law. The victim died at the hospital.

Earlier in the year, at the beginning of March, in the same precinct, 90 year old Dorothy Heiman was fatally struck by a car making a left turn.  The driver wasn’t charged. In January a pedestrian was  killed by a cement truck in the same precinct and the driver wasn’t charged either. In both cases police weren’t very cooperative in providing accurate information to determine if the pedestrian had the right of way.

Last year after several pedestrians were killed in the precinct, most of the time by negligent drivers, the police and the council members blamed the victims for their own deaths and lectured pedestrians on how to walk.

 

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every schoolThe installation of 140 speed cameras in NYC proved to be a successful way to reduce speeding in school zones and protect residents from fatal car accidents. Today State Sen. Jose Peralta and Assemblyman Michael DenDekker will propose to extend the installation of similar cameras to 2,000 school zones in New York City. The two democratic politicians from Queens are also proposing to have these cameras running 24 hours instead of only during school time as is the case now. Peralta and DenDekker also suggest that if a driver gets caught five times or more he or she should have his vehicle registration suspended.

The new bills introduced today by the two legislators are coming on the steps of a new Transportatrion Alternative campaign that requires the installation of speed camerat at #EverySchool

Read more in the NY Daily News

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A pedestrian was fatally hit by a car in Manhattan on Friday.  The pedestrian was a 76 year old woman who was trying to cross Madison Avenue near 95th street. The car driver was heading north on Madison Avenue when he noticed a parking spot. As he attempted to back his car into it, he struck the pedestrian identified as Mary Jo Myselow. The woman suffered head injury but was conscious when she was found by a police officer lying on the ground. The driver stayed at the scene of the accident. Mary Jo Myselow died from her injuries at the hospital. Read more in the Gothamist

Two days earlier five pedestrians were injured in the Bronx after a driver lost control of his vehicle. The 26 year old driver had a suspended licensed when he jumped the curb at E. Fordham Road and Thiebout Ave in Fordham Heights. He was taken into custody by the police. Read more in the NY Daily News

 

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Decreasing the speed to reduce the number of car accidents resulting in death or serious injury in New York City is one of the top priorities of the Zero Vision Initiative launched by Mayor de Blasio in 2014.  Since November 7, 2014, the NYC’s default speed limit has been lowered from 30 mph to 25 mph and since that date the NYC Department of transportation has been implementing it. The DOT re-evaluated for each borough which streets should have their speed limit lowered to 25mph and which ones should be allowed to keep a 30 mph speed limit.  The DOT posted over 4,700 new 25 mph signs and removed 2,400 30 mph signs. There are still 700 more to be removed. At this point over 5,000 miles of NYC streets have a 25 mph or lower speed limit and over 800 miles of the streets have signs that explicitly indicate that the speed limit is 25 mph.  The DOT also added speed limits in the Vision Zero Map of traffic crashes. Read more in Streetblog

Manhattan Speed limit

 

 

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Two people died and dozen others were injured in an Amtrak train accident that happened between New York and Philadelphia  in the NorthEast Corridor yesterday morning. Train 89, also known as the Palmetto, struck a backhoe, killing the operator of the backhoe and an Amtrak supervisor.  The train had left New York for Savanah, GA around 6:00 am and was near Philadelphia when the accident happened.  None of the passengers died but more than 30 of them were transported to the hospital to be treated for non-life threatening injuries.

A team from the National Transportation Safety Board arrived yesterday at the site of the accident. They started to investigate the reasons why a maintenance crew was working on an active track. In a statement New York Senator Chuck Schumer indicated that it was highly possible that human error was the cause of the accident. He said that the Amtrak’s chairman, Mr Anthony Cosica told him that Amtrak employees have to follow a rigorous 20 step procedure to obtain clearance to place equipment on the track. Schumer added that a possible breakdown in communications between the train dispatchers and the maintenance crew may have been at the origin of the crash.