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.
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Elevator accidents too often occur when passengers try to save themNYC-elevator-accident-campaignselves instead of waiting in the elevator cabin for help to come. Nobody wants to be stuck in an elevator but if it happens do not try to escape by yourself you might end up badly injured or even dead.  The Department of Buildings just released a YouTube video explaining what to do if you get stuck in a elevator.

Concerned by your elevator safety? Call 311

In New York every year 45 million elevator trips are being completed in the 90,000 elevators installed in the city.  Building owners are responsible to make sure the elevator is working proprely. If you are concerned by the safety on an elevator, contact the landlord and call 311 to report the issue. The DOB will usually send an inspector in the next 24h. If work is required on the elevator a notice must be posted 10 days prior to the work.

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Tottenvill high schoolA New York City teacher who was caught masturbating on a video conference call is under investigation  according to the NY Daily News. The name of the teacher was not revealed. The News only mentioned that the teacher works at Tottenville High School on the South Shore of Staten Island.

The NYPD received a complaint on Monday afternoon that the teacher appeared naked and masturbating during a video conference call. The NYPD did not indicate if the teacher exposed himself intentionally and if students were involved in the video conference call.

The NYC school has a history of child abuse

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location of the crashA mother of six children suffered life threatening injuries in a car accident in New York City early Tuesday morning. The accident occurred a little bit after midnight. The 32 year old victim identified as Malka Braver was riding in the back of a Honda Accord driven by a Lyft driver. As their car was crossing the intersection of Dekalb Avenue and Bedford Avenue (see Google map picture on the left) with the light in their favor, a reckless driver speeding down Dekalb Avenue in a Dodge Charger blew the red light and T-boned the back of the Lyft car. The impact was so intense that the victim got ejected from the Honda which spun around, crashed into another parked vehicle and jumped the curb to finally stop right in front a the entrance of a deli. The victim was rushed to the hospital where she is still fighting for her life. The Lyft driver and the Charger driver both suffered minor injuries and were also transported to the hospital according to the police. The driver of the Dodge Charger was identified as 22 year old Ryan Ortiz from Middletown, NY.  The car driven by Ortiz was a souped-up dodge charger with vanity plates “SCR3AM” and a wrap-around design from the horror movie Scream. Videos of the car performing donuts in the Kings Plaza Shopping Center parking lot a few hours before the accident were found on social media. Ortiz was not arrested and the investigation is ongoing. Read more in the Gothamist  .

One day earlier another young driver killed his passenger and almost killed himself in reckless Queens crash

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After reaching a record high in September, NYC auto accident fatalities remained high with 12 pedestrians, 1 cyclist, 4 passengers and 7 drivers killed in auto accidents in October compared to respectively 13 pedestrians, 6 bicyclists, 2 passengers and 14 drivers last September and 9 pedestrians, 3 cyclists, 1 passengers and 5 drivers in October 2019 (click on graphs for full format)

After remaining below 20 for the last 4 years, motor vehicle accident fatalities for the month of October  are back to pre Vision Zero levels with a total of 24 people killed on NYC streets.

Auto accident deaths NYC October 2020
While the number of traffic deaths was higher, the number of people injured in car accidents in New York City was at the lowest level for for the 8 years under review in the graph below. A total of 4,235 people sustained injuries in traffic accidents in the city compared to respectively 5,204, 5,498, 5,450, 5,083, 4,851, 4,692 and 4,830 in October 2019, 2018, 2017, 2016, 2015, 2014 and 2013.

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one57-crane1The NYC Department of Buildings is failing to adequately protect New Yorkers from dangerous construction accidents. A recent audit by New York City Comptroller Scott Stringer show that for the 85,000 complaints that the agency received in 2019, the DOB was late in one out of five initial inspection attempts. Additionally when a first inspection took place and resulted in violations for immediately hazardous conditions, the DOB failed to make a legally required inspection  within the 60-day statutory deadline. The DOB’ s negligent attitude allows for unsafe building conditions to remain uncorrected, potentially putting New Yorkers at risk of dying or being injured in dangerous construction accidents.

“No one  should have to live or work in fear of debris or unstable scaffolding crashing down on them in a home, place of work, or at any other site in this city,” said New York City Comptroller Scott M. Stringer.

How does the DOB respond to complaints of potentially unsafe buildings?

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Facebook pic of the victimA man speeding and under the influence of alcohol or drugs crashed into the car of a hospital worker on his way to work and killed him.

Daniel Crawford, a phlebotomist at Queens Hospital Center was on his way to work last Friday morning around 4:00 am. He was driving his Toyota through the green light at the intersection of  Parsons Boulevard and Union Turnpike in Jamaica, Queens, when he was T-boned by a Mercedes Benz driven by 22 year old Alamin Ahmed.  Crawford was rushed to the hospital where he usually goes to work but he could not be saved.

A dad, a frontline worker and a future nurse

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5 construction workers died  and 240 were injured in New York City between June 1st and October 31st. Last year during the same period, 6 workers died and 275 were injured in NYC construction accidents.

After a slow down in March, April and May related to the Covid-19 lock down, the construction industry resumed work in the city. Out of the 5 fatalities, 3 occurred in Brooklyn and 2 in Manhattan. 3 of them were falls. Fall is the number one cause of fatalities on construction sites in New York and in the US.

  • On June 20, at a construction site located at 1154 39th Street, in Brooklyn, an unlicensed worker who was installing new junction boxes electrocuted himself  and succumbed to his injuries.
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Snow stormWinter storm related injuries and fatalities can often be prevented by preparing ahead. Now is the time for individuals and employers to prepare and get ready for future winter snow storms. The occupational Safety and Health Administration just released a set of guidelines that covers most winter weather related hazards and how to prevent them:

  • Winter driving is always hazardous, OSHA recommends drivers who have to drive in wintery conditions to follow the “3 P’s of safe driving: “Prepare for the trip”, “Protect yourself” and “Prevent crashes on the road”. Preparing for the trip means checking that the car is well maintained, making sure that the breaks are proprely balanced, that the cooling system has a proper mix of antifreeze and water, that the battery is fully charged, that the tires are in good condition and proprely inflated, that the windshield wipers are in good condition and that your windows are clear. Protect  yourself  and your passengers by making sure everybody buckles up and children are in proper seats in the back. Prevent crashes by avoiding drugs and alcohol, keeping a safe distance between cars, keeping alert for pedestrian and avoiding fatigue.
  • Special precautions should be taken for workers exposed to traffic as drivers may skid or loose control of their vehicle during winter weather and strike workers. Signs, cones barrels and barriers should be set up to protect workers.
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No turn for trucks signalA delivery worker on a moped was killed in a truck accident in Queens, NYC  . The accident occurred last Thursday around 8:30 am at the intersection of Astoria Boulevard and Crescent Street.  The driver of a Bud Light delivery truck made a right turn from Astoria Boulevard onto Crescent Street and struck 35 year old, Alfredo Cabrea Licona, a delivery worker riding a red scooter. Alfredo skidded beneath the tractor trailer and it took 10 minutes for  the emergency team to extricate him from under the truck. He was rushed to the hospital with critical injuries and died shortly after his admission to the hospital. Alfredo left behind a wife and two children living in Mexico depending fully on his financial support. He spent 11 years working in the city and was planning his return to Mexico for the end of the year. People who knew him said he was a good and honest man who was working hard to take care of his family.

The accident was preventable

The truck driver stayed at the scene of the accident and so far was not charged. At the time of the accident, the truck made a right turn onto Crescent Street despite a signal forbidding trucks to turn on the street except for local delivery (see picture). There are only residences and a church on the segment of Crescent Street where the truck made a turn, therefore the turn was probably illegal.  Additionally while making the turn onto Crescent street the truck went over the “supposedly” protected bike lane. For months before the accident, street safety activists have been asking the Department of Transportation to adequately protect the two way bike lanes on Crescent Street because trucks and cars would constantly interfere with cyclists. The bike lane is only protected by “flex declineators which flex down to the ground when cars drive over them and as a result do not offer real protection to bike lane users.`

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location of the bike collision
A New York cyclist who was struck by a car died from his injuries one week after the accident occurred. On Saturday November 7th around 1:00 am , Juan Tiu-Caxaj was riding his bicycle on Autumn Avenue. As he crossed Fulton Street he collided with a car heading westbound on Fulton Street. The driver stayed at the scene of the accident. He was not charged. The young victim suffered head trauma and was transported to the hospital. His condition was stable but  it deteriorated and he died from his injuries a week later.

According to the police, the cyclist rode through a stop sign just before the collision.  The investigation is still ongoing to find out the exact cause of the accident.

According to Vision Zero studies, East New York is among the most dangerous areas in New York for bicyclists. However so far not much has been done in this neighborhood to promote bicyclists safety compared to other areas of New York City like Manhattan.

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