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 doctor who prescribes opioids to a patient with a history of abuse, fails to closely follow up with a patient who exhibits addictive behavior or disregards family concerns or warnings from other professionals such as pharmacists or primary physicians could face medical malpractice  and/or wrongful death litigation, criminal prosecution, and a disciplinary proceeding by the State Medical Board.

In New York City, deaths related to opioid analgesics have increased 256% from 2000 to 2013 in Manhattan, Staten Island and the Bronx are the most affected of the 5 Boroughs. To fight this epidemic, the New York Sate Department of Health is launching a Bronx detailing campaign during which representatives will visit more than 1000 doctors to educate them about about safe and judicious opioid analgesic prescribing. A similar campaign in Saten Island in 2013 lead to a reduction of 29% of overdose deaths from opioid analgesics.

Read the press release from the New York Health Department

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A health condition problem is at the origin of  a fatal car accident in Long Island, NY.  92 year old Joseph Saccente was driving his taxi when he lost control of his vehicle and crashed into a house in Long Island. The elderly man died in the accident. Why was a 92 year old allowed to drive a taxi?  See video below

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New York Crane AccidentA knuckle boom crane fell on a construction worker and killed him yesterday afternoon on a construction site located at 219 E. 44th Street near Second Avenue, New York City. The crane was fitted on a truck parked in front of the building and was used to unload material that was being delivered to the construction site. 40 year old Trevor Loftus , was standing on top of the flatbed truck holding his phone when the articulated arm fell on him and killed him. Loftus served as the crane safety coordinator for Kenry Contracting of Yonkers which is his own company. According to the Buildings Department, construction material was being lifted off the truck when a mechanical failure caused the arm to collapse and killed the construction worker.
Read more in the NY Daily News 
Picture: Buck Ennis

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40 people died and  10,069 suffered personal injury in a traffic crash in New York City between January 1st and April 1st 2015 compared to respectively 51 and 10,805 in 2014 and 69 and 11,676 in 2013.  it is also interesting to note that there were more accidents during the three first months of this year compared to the same period of the 2 previous years. These numbers indicate that streets are getting a little safer for New Yorkers and that Vision Zero may be starting to show some results.

traffic accidents deaths and injuries NYC jan to march 2015
23 pedestrians died in traffic accidents in NYC during the first three months of the year compared to 31 for the first three months of 2014 and 44 for the same period of 2013. This number is still high but over the last two years it almost decreased by half which is a positive evolution.  The number of pedestrians injured in a crash in NYC during that same period was 2,423 in 2015 compared to 2,847 in 2014 and 3,080 in 2013.

pedestrian detahs and injuries in NYC jan to march 2015

1 person died in a bicycle accident in New York City during the first trimester of 2015 compared to 2 the previous year and 1 in 2013. 355 cyclists suffered personal injury during the same period compared to 399 in 2014 and 510 in 2013. It is difficult to look at bicycle accident statistics for the months of January, February and March as it is the end of the Winter season and not many people use their bikes.

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New York Truck accidentThankfully nobody was injured in a truck accident that happened Saturday at the site of  a new Memorial for Traffic Fatalities in Brooklyn, NYC. Activists for the group Right of Way were in the process of creating a huge mural depicting the silhouettes of the 264 people who died in traffic accidents in New York in 2014 when an 18-wheeler plowed into it.

Organizer Keegan Stephan was standing closest. The crash pulled parts of the plywood fence from its frame, and he said he and other volunteers who were wheat-pasting posters down the block had to jump back to avoid being struck. The driver could have done worse. “Fortunately he just hit a wall,” Stephan said. “If someone had been standing there that person would be dead.”

Read more in the NY Daily News and in the Gothamist and see video below for more info about the accident (at 1:40 min) and about the Memorial for people killed in traffic accidents in New York City in 20014

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Teen drivingParents can play a big role in helping their children become safe drivers and avoid being injured or killed in a car accident. Thursday April 28th at 1:00 PM CST, the National Safety Council is organizing a webinar during which Jessica Mirman, PhD, a behavioral scientist and researcher on the Center for Injury Research and Prevention HOP’s Teen Driver Safety Research team, will share her recent research on the effectiveness of TeenDrivingPlan, a prototype interactive web-based application to help parents more effectively supervise driving practice. Another speaker Kathy Bernstein, senior manager of Teen Driving Initiatives for the National Safety Council, will talk about DriveitHome– a new resource from the National Safety Council designed to support parents of newly licensed teens. Read more here

 

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Boy-killed-by-taxiThe parents of Cooper Stock are outraged that the taxi driver who killed their son was only charged with a traffic violation. 9 year old Cooper Stock was crossing the street with his dad when a taxi making a left turn struck them.  Cooper died and his father was injured (see previous post). The taxi driver was charged with failure to exercise due care. That charge carried a maximum penalty of 15 days in jail, a $750 fine, and a license suspension. Yesterday, however, the taxi driver was fined $580 and a six months suspension.

Read more in the New York Post

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Carbon monoxide is suspected to have caused the death of 4 elderly people in a house in Queens, NYC on Friday.  83 year old Jerry Hugel and his 80 year old wife Marie as well as their tenant 70 year old Gloria Greco and Walter Von Thadden a 70 year old friend were all found dead in their house on 86th street Avenue in Floral Park. According to the authorities the house filled with gas after a car was left running in the basement. The house didn’t have any carbon monoxide detectors even though it is required by Amanda’s law in New York since 2009.

Amanda’s Law  is named after a 16 year old girl who died of carbon monoxide poisoning while sleeping over at a friend’s house. This law requires that  every one or two-family dwelling, condominium, cooperative and each unit of a multiple dwelling shall have an operable carbon monoxide (CO) detector.  The use of a battery operated detector is allowed for homes built before 2008. All homes built after this date must have the alarm hard-wired in the building.  Amanda’s Law also requires contractors to install a CO alarm when replacing a hot water tank or furnace if the home is not equipped with an alarm. CO detectors are required only if the dwelling unit has appliances, devices or systems that may emit carbon monoxide or there is an attached garage.

Read more in the New York Times

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yellow cabAs part of the Vision Zero Program to reduce traffic deaths and injuries related to traffic accidents in New York, the Taxi & Limousine Commission (TLC) started to test a warning system in six of its cabs. The warning system uses artificial vision technology such as cameras and radar to warn drivers about  a potential upcoming collision.  This test is a step in the TLC Vehicle Safety Technology Pilot Program.

Read more in the New York Post

Picture: courtesy of Wikipedia

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3449 people were injured and 13 people died  in traffic accidents in New York City in January 2015 compared to respectively 3899 and 21 in January 2014 , 3993 and 28 in January 2013 and 4179 and 21 in January 2012. These numbers are encouraging and may indicate that the Vision Zero Program started approximately a year ago may be effective in making New York City streets safer. Data from December 2014 and January 2015 also show, for the first time, two consecutive months during which the total monthly number of traffic fatalities was below 14. The total number of motor vehicle accidents was stable. Below are graphs depicting traffic accident rates from January, 2013 to January 2015 for various types of accidents for each month for this time period in NYC.

Traffic fatalities NYC january 2015
Motor Vehicle Accident injuries by month in NYC
Motor Vehicle Accidents NYC january 2015
6 pedestrians died in traffic accidents in January 2015 compared to 12 in January 2014, 20 in January 2013 and 12 in January 2012. This is the lowest number since May 2013. This is also half the number recorded the same month a year before.  In January 2015, 902 pedestrians suffered personal injury after being struck by a car compared to respectively 1075, 1107 and 1045 in 2014, 2013 and 2012. Its the first time that this number is below 1000 for the month of January.

Pedestrian deaths and injuries NYC January 2015
115 people were injured and 1 person died in bicycle accidents in January.  Bike accidents are usually at their lowest in New York City during the months of January and February because less people use their bikes because of the bad weather and the snow.