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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1229 45th streetA 21 year old worker died in a construction accident in Brooklyn NYC. Yesterday afternoon Alex Santizo from Queens was working on the construction site of a two-family townhouse on 45th street near 12th Ave in Borough Park, Brooklyn. He was on the second floor of the house when the roof collapsed. Santizo was hit by debris then he tumbled into an airshaft and landed two stories below in the basement.  The young man died from his injuries at the hospital. Records from the New York City DOB indicate that the building located at 1229 45th street had a total of 11 complaints that all had been resolved before the accident happened. The construction site was also the subject of 13 violations with 7 of them still open.  Read more in the NY Daily News 

Picture source: Google map

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A man was injured in a car accident in NYC this morning  after he lost control of his vehicle and slammed into a private house.  23 year old Shirley Lucas and her 2 year old daughter were inside their house located on Bruckner Boulevard near Thierot Avenue in Soundview, Bronx when the accident happened. The car first crashed through a metallic gate located at the entrance of the property and then hit the brick wall of the house.  According to the NY Daily News The mother and the daughter weren’t injured but had to stay out of the house while Con Edison and the DOB were analyzing the damages.

Another man crashed in a Bronx building on Saturday night. He died in the accident. According to witnesses the 37 year old man was speeding east on Allerton Ave in the Bronx when he lost control of his vehicle. He first hit two parked cars and then a light pole before crashing into a dry cleaner store located at the corner of Barnes Ave.  The driver was transported to the hospital but he didn’t survive. Read more in the NY Daily News

Below is a Google Map Street view of the location of the Saturday night accident.

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Several people were injured and one person died in two fire accidents in New York City this week-end.

Early Saturday around 12;14 am two civilians and two firefighters were injured in a three-alarm blaze in Washington Heights. According to the NY Daily News , the fire started in an apartment on the sixth floor of a building located on Broadway and W. 151st Street. The fire and the smoke spread quickly through the building and 138 firefighters were needed to stop it.

On Sunday morning around 4:00 am,  another fire started in a house in Jackson Heights, Queens killing an 88 year old man who was living there.  65 firefighters were called to the rescue. It took them 45 minutes to stop the blaze that ravaged the house located on 87th Street and 35th Avenue in Queens, NYC. The victim was found dead by the firefighters with severe burns on his body.

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Yellow_cabA taxi driver fatally ran over a woman who was lying on a New York City street and didn’t stop. At his arraignment he said he thought he hit a pothole, not a human being.

Saturday morning around 3:30 am, 68 year old John Bangura was driving his yellow cab on First Ave near 17th Street in Stuyvesant Town, Manhattan. For some unexplained reason, 44 year old Kenya Flores was laying on the ground when the taxi ran over her and dragged her briefly on First Ave. Before laying in the path of the taxi, Flores had laid down in a bus path.

According to the NY Daily News, witnesses saw the taxi trying to drive around a car who had stopped in front of him when he hit the woman.  He dragged her down the street and sped away.  Flores was taken to the hospital where she later died.

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A pedestrian was fatally struck by a sanitation truck in New York yesterday morning around 6:00 am. The pedestrian, a 55 year old woman had the right of way. She was crossing First Avenue in the crosswalk with the walk sign on when she was struck by a sanitation truck driver who was making a left turn from 92nd Street onto First Ave. After the accident the police indicated that the victim was injured but conscious. She had a deep cut on her forehead and she also complained of leg and wrist pain. She was taken to the hospital where she was pronounced dead 20 minutes later.  She may have suffered fatal internal bleeding.

The driver of the sanitation truck stayed at the scene of the accident. So far he hasn’t been arrested or charged. Under the Right of Way Law, New York drivers injure or kill a pedestrian who has the right of way can be criminally charged.

MTS rampResidents of Yorkville had long predicted that such an accident would happened when in 2014 they tried to oppose the construction of the East 91st Street Marine Transfer Station, a massive garbage site visited by hundreds of garbage trucks every day.

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Tappan Zee Bridge3 men died after their tugboat crashed into a barge at a Tappan Zee Bridge construction site on Saturday morning.

63 year old Paul Amon from New Jersey, 29 year old Timothy Conklin from Long Island and 56 year old Harry Hernandez from Staten Island were the 3 crew members of the  tugboat “Specialist” that sank Saturday morning after crashing into a stationary construction barge belonging to Tappan Zee Constructors . The rescuers were able to find the bodies of Amon and Conklin. Searches to find Hernandez who is presumed dead were suspended sunday night according to The Associated Press.

The accident happened Saturday morning. The “Specialist” was one of three tugboats that were pushing a crane barge from Albany to New Jersey. The “Specialist” was located at the right of the barge while the second tugboat was on the left and the third one in the back. As they arrived at the Tappan Zee Bridge construction site, the “Specialist” hit a stationary construction barge. Before the accident happened, the crew sent a radio message saying “”We are too close. We have to move left,” but it was too late. The tugboat sank 40 feet within minutes with the 3 men on board. The tugboat also leaked into the Hudson some of the 5000 gallons of fuel that were on board at the time of the accident.

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Among the various types of medical malpractice suffered by hospital patients, misdiagnosis accounts for approximately 10% of patient deaths. In a recent Opinion Page from the New York Times, Sandeep Jauhar, a Long Island cardiologist, wants to Bring Back the Autopsy as a weapon to fight misdiagnosis.

With the evolution of medicine and the proliferation of medical tests, autopsy doesn’t seem as essential these days as it was in the past to determine the cause of death of a patient. Before 1971, community hospitals were required to perform autopsies on 20% of their dead patients to earn their accreditation from the Joint Commission. This requirement was dropped after that date. Furthermore in 1986, Medicare considered autopsies financially draining and stopped paying for them. Now an autopsy is mostly considered by doctors as an educational tool.

Recent studies however have demonstrated that despite the medical technological advances autopsy can be a very effective manner to reduce the rate of hospital misdiagnosis.  In his opinion Sandeep Jauhar suggests that Medicare and private insurers pay for them again so that financial considerations doesn’t limit their use.

 

 

 

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Vision Zero mapA pedestrian was fatally struck by a van in NYC on Thursday. The accident happened at the intersection of Jerome Avenue and Shakespeare Avenue in the Bronx. The man was crossing the street where the two avenues make a V shape when he was hit by the van. The driver of the van, Danny Telpha, a Bronx plumber, sstayed at the scene of the accident. He said that he never saw the victim. Read more in the NY Daily News

A look at the Vision Zero map, shows that residents have reported speeding and aggressive driving at this intersection.

 

 

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In New York State, 142 bicyclists and 925 pedestrians died in accidents during the 3-year period of 2011, 2012 and 2013 according to the recently released  Alliance for Biking and Walking 2016 Benchmarking Report. The number of bicyclists and pedestrian fatalities increased compared to the 3-year period of 2008, 2009 and 2010. This doesn’t mean however that the streets and the roads in New York are getting more dangerous for pedestrians and bicyclists. A study of the bicyclist fatality rates between 2005 and 2013 shows that the bicyclist fatality rate over the 3-year period of 2005, 2006, 2007 was 13 fatalities per 10K biking commuters compared to 9 on average for the 3-year periods of 2008-2010 and 2011-2013. For New York pedestrians the sames rates were respectively 6, 5 and 5.

Even though these rates indicate that the roads of New York have gotten slightly safer, New York State’s bicyclist fatalities as a percentage of all traffic fatalities is 3% which is the second highest rate of all states in the US behind Florida with 4%. Looking at the pedestrian fatality rate as a percentage of all traffic fatalities, New York has the highest rate of all states in the US with 24%  (click on graph below to see them in a larger size)

bicyclist fatality by state
pedestrian fatality by states
Looking at selected demographics, data shows that in New York State from 2005 to 2013 an average  31% of bicyclists killed in bicycle accidents were Hispanic, 11% were seniors (over age 65) and 15% were youth (under age 16).

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There are usually less personal injuries and deaths related to motor vehicle accidents in New York City during the month of January than during most other months. This January there were 17,798 traffic accidents compared to 15,977 in January 2015, 16,597 in January 2014 and 15,599. Even though motor vehicle accidents decreased from January 2014 to 2015 the number of monthly accidents has been on an increasing trend. It is the first time that the number of traffic accidents is above 17,000 for the month of January.

Traffic Accidents NYC January 2016
Despite an increasing number of traffic accidents the number of injuries and deaths related to theses accidents have decreased. This is hopefully related to the introduction of various initiatives to make the streets safer launched under the NYC Vision Zero project. As motorists are driving slower and in a safer way, accidents still happen but less road users are injured or die.

3,624 people were injured in a traffic crash in New York this past January.  This is more than in January 2015 (2,449) but less than in January 2014 (3,899) and in January 2013 (3,993).  Globally over the last 3 years the monthly number of people injured in NYC auto accidents has been decreasing. However during the last few months, the number of injuries have been picking up again. For example, In December 2015 there were 4,519 people injured in auto accidents in NYC compared to 4,117 in December 2014 and 4,277 in December 2013. It was the first time that the number of injuries related to traffic accidents in NYC was above the trend line in December.

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