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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Grand Central ParkwayA man died in a NYC motorcycle accident yesterday night. According to the NYPD the 28 year old motorcyclist was speeding on Grand Central Parkway, weaving in and out of traffic. As he was traveling in the right center lane he crashed into the back of a SUV. The driver and the passenger of the SUV suffered neck and back injuries and were transported to the hospital. The motorcyclist was also taken to the hospital but he couldn’t be saved.

Read more in the NY Daily News 

Picture of the Grand Central Parkway and Jewel Ave courtesy of Google Map

 

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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boy dead in water slide accidentCaleb Schwab sustained a fatal neck injury as he was riding the the “Verrückt” which is the world’s tallest water slide. The 10 year old boy was decapitated and found dead in a pool at the bottom of the slide.

The accident happened at the Schlitterbahn water park  in Kansas. The “Verrückt” which means insane in German was named the tallest water slide in the world by the Guinness Book of  World Records in 2014. The opening of the ride was delayed after tests on the 168-foot water slide had rafts flying off the slide (see video below).  When the ride finally opened the minimum age to ride it was 14 years old. However a month after the opening the age limit was removed and only the height requirement of 54 inches was kept as a limit to get on the ride.

Caleb boarded the raft with two other women who were not related to him. Both women suffered face injuries. Kelsey Friedrichsen and Josh Foster, a couple waiting  at the top of the water slide to be on the next ride told People Magazine that they saw a group of people at the bottom and a woman being treated for injury to her face. Then they saw first responders covering the body of Caleb.  “It looked like he must have somehow been ejected from his seat, bounced around between the netting and the slide and just slid down,” Friedrichsen said. “He would have fallen down without the raft. It’s kind of like a tube.” A 14 year old girl who took a ride on the “Verrückt” earlier during the day also mentioned that “toward the end of the ride the Velcro on her belt had come undone.” Investigators are still working on determining the exact cause of the accident.

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Anton YelchinA defective car killed Anton Yelchin and his parents are suing Fiat Chrysler Automobiles, manufacturer ZF North America and car dealership chain AutoNation for the wrongful death of their son. 29 year old Anton Yelchin, a “Star Trek” actor was killed last June in front of his house. The actor had just exited his 2015 Jeep Grand Cherokee. Because of a defect in the design of the electronic gear shift position indicator, Yelchin thought his car was in “Park” position but it wasn’t. Therefore the parking break wasn’t engaged. The vehicle started to move toward him rolling backward and  fatally crushed him against the security gate.

The car maker was aware of the design defect and in April it had recalled more that 1.1. million Jeep Grand Cherokees after receiving 41 reports of injuries related to the gear shift. According to Yelchin’s parents, a recall notice was received in the mail seven days after the death of their son. The parents said that it was too little too late.

See our previous blog for more info about the recall and read more about Anton Yelchin parents’ lawsuit in US Magazine

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Fulton and Chestnut2 pedestrians were killed in a car accident in New York City last night. The driver who struck them is still at large. A little bit after midnight last night 41 year old Delman Maldonado and 56 year old Isreal Turcios were crossing the street at the intersection of Fulton Street and Chestnut Street in Cypress Hills Brooklyn (see Google map picture on the left). As they were crossing a speeding driver lost control of his vehicle, slammed into two parked cars and struck the two friends. The driver took off running leaving the two men dying in the street. Delman Maldonado, a father of one, died at the scene of the accident, Isreal Turcios, a father of three, was transported to the hospital but didn’t survive. The two of them were friends living in the neighborhood. They had just left a bar owned by Turcios’ brother and were going back home when the fatal accident happened.

 

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Guler-Ugur-YaacobiA man who killed a pedestrian on the Upper West Side of Manhattan, NYC, on New Years Eve, 2014, pleaded guilty to leaving the scene of an accident resulting in death and driving without a license.

30 year old Prezidor Porbeni, an undocumented immigrant from Nigeria was driving on the Upper West Side when the car in front of him stopped to let 44-year-old  Guler Ugur-Yaacobi, a brooklyn photographer, cross the street. (see previous post)

Porbeni didn’t realize why the car was stopping and used the other lane to pass it. As he passed the car he didn’t see the pedestrian and struck her causing her death. According to his lawyer he then panicked and fled the scene of the accident leaving the woman dying in the street. Later on he surrendered to the police and admitted that he fled. Porbeni will get between 1 and 3 years behind bars. As a result of his conviction he also may be deported.

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car obstructing bike laneBicyclists riding in New York City have an increased risk of being injured or dying in a bike accident when a car or a truck is blocking their bike lane. The cyclists have to merge into traffic to pass the vehicle blocking the bike lane therefore  increasing their risk of being struck by another vehicle.  People who are commuting by bike in New York City are facing this problem on a daily basis. Bicyclist advocates have been voicing their complaints about this dangerous matter on regular basis and the NYPD listened to them.  This spring the “Bicycle Safe Passage” enforcement initiative was launched. The idea of the initiative is that over several periods of one week during the year the NYPD would focus on ticketing all vehicles blocking the bike lanes or not yielding to bicyclists. This week marks the third week of the operation for this year. During the previous operation last month, the police ticketed 1,757 motorists blocking the bike lane and 810 who didn’t yield to bicyclists. However according to Streetblog, police were also ticketing bicyclists rather than focusing their effort on protecting them.

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La Reguera DominicanaA man died in a New York elevator accident on Saturday. Jose Fernandez, 43  from the Dominican Republic was a worker at the Discount Store La Reguera Dominicana on 182nd Street in Manhattan. The man was loading merchandise into the freight elevator in the basement when the accident happened. For some unknown reason, the freight elevator suddenly moved up and trapped his head. The Department of Buildings is investigating the cause of the accident.

The online property profile overview of the NYC Department of Buildings has no record for the elevator. The freight elevator which had no doors was installed illegally a year ago, without a permit when a previous auto repair shop was turned into a discount store.

The building has an open violation for illegal occupancy and last year 3 complaints were opened accusing the building owner of performing renovations without a valid work permit.

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methA reckless motorist who fatally struck a pedestrian and injured a few others in New York was convicted of murder. 35 year old Shaun Martin was high on Meth and PCP when in 2013 he sped down Second Avenue in Manhattan, NYC, jumped the curb and fatally hit a florist who was just coming home from his night shift. Two other pedestrians were also injured by the reckless driver. Shaun Martin is now facing life in prison. Read more in the NY Daily News

picture source: wikipedia

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The reckless driver of a BMW who killed a mother and severely injured her daughter in a car accident in New York City and ran away has been arrested by the police. Last Sunday 58 year old Jairam Budhu was driving  his BMW with a suspended license at twice the authorized speed limit when he blew a right light and crashed into another car killing a mother and critically injuring her daughter. He then fled the scene of the accident on foot leaving in his car a passenger who was also injured. He was found by the police while having a drink on his porch at 8:00 am on Sunday morning. He was arrested and charged with manslaughter, assault, criminally negligent homicide, leaving the scene of an accident and unlicensed operation of a car. Read more in the NY Daily News

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