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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preventing children injury in 2018The Center for Child Injury Prevention Studies (CChIPS) just released a compilation of their 10 most recent projects in their 2018 annual report. Here is a summary of their area of studies and findings:

  1. Some recent studies are questioning if  it may actually be safer for a child to be seated in a proper restraint system in the front passenger seat rather that in the back seat. The CChIPS conducted crash test studies with a child human body model called the PIPER. They found out that a six year old child seated in a high-back booster and forward-facing Child Restraint Seat (CRS) in the front passenger seating position was better protected from injuries in cars equipped with modern passenger airbags rather than cars with no airbags. These findings go against the common belief that airbags are dangerous for children. Additional tests are needed to validate these findings.
  2. Which booster seat design is best at protecting children from injury? Where should the belt be positioned? Would the addition of curtain airbag help prevent injuries in a car accident?
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New York Pedestrian Accident Lawyer Rachel JacobsNYC pedestrian accident attorney james rubinowitzTwo of our young NYC personal injury attorneys, Rachel Jacobs and James Rubinowitz, were invited last Monday night to share their skills with the students of the Cardozo Law School’s Intensive Trial Advocacy Program (ITAP). During this two-week immersion program, students are taught cutting-edge strategies for courtroom litigation under the instruction of leading jurists and lawyers from across the country. The program is a cornerstone of Cardozo’s practical skills curriculum.

Rachel and James just finished a trial during which they represented the four adult children of a 90 year old pedestrian who was fatally struck by a motor vehicle as she was crossing a street in New York City.  They presented to the students of the Intensive Trial Advocacy Program (ITAP) the opening statement and the summation that they gave to the jury at trial.

The pedestrian suffered excruciating pain and suffering before she died

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While the number of traffic fatalities is on the rise nationally, in New York, most probably because of the many Vision Zero Initiatives launched over the last five years, traffic fatalities were at their lowest during the third trimester of 2018 compared to the third trimester of the five previous years. The decline in traffic fatalities during the summer of 2018 is due to the decrease in pedestrians and cyclists fatalities while the number of motorist fatalities was at its highest since the beginning of Vision Zero.

From July 1st to September 30 2018, 59 people lost their life in NYC auto accidents compare to respectively 65, 61, 60, 76 and 82 during the same period of 2017, 2016, 2015, 2014 and 2013. It is interesting to notice that there are now as many motorists deaths as pedestrian deaths. Pedestrians used to be the category of road users the most at risk of dying in trafic accidents. However according to the most recent statistics drivers now have as much risk as pedestrians of getting killed in a traffic accident in New York City. Total traffic fatalities in New York City third trimester 2018

A record number of 16,300 people were injured in car accidents in New York City during the third trimester of 2018 compared to respectively 15,860, 16,048, 13,998, 13,472 and 14,900 during the third trimester of 2017, 2016, 2015, 2014 and 2013.  Not only in New York but all over the US, distracted driving has led to a significant increase in motorist injuries. Over the last 3 years and despite Vision Zero intense efforts to make New York City Streets safer, the number of motorists injured in car accidents in New York has been increasing tremendously.

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Our NYC bicycle accident lawyers are suing the city and the Hudson River Park Trust on behalf of the families of the victims of the terror attack that took place a year ago on the West Side Highway bike path.  Our firm is representing the families of 20 victims who were among the people who were killed or injured  by a pro-ISIS terrorist who rented a truck from the Home Depot and sped down  the Greenway, a popular bike path along the Hudson River, mowing down anyone in its path.

The city’s Department of Transportation and Parks Dept as well as the Hudson River Park Trust “were on notice since at least 2007 of the numerous vehicles that were entering the Greenway,” said our partner Anthony Gair to the NY Daily News. “Nothing was done.”

Previous Transportation Alternative study ignored by the city

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NYC Best Personal Injury Law Firm Congratulations to all our attorneys and staff for making our firm one of the Best Personal Injury Law Firms in New York. For the ninth consecutive year, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been recognized by U.S. News Media Group, the publishers of U.S. News & World Report, and Best

Lawyers® as a top tier firm in the New York City Metropolitan Area for

  • Medical Malpractice Law – Plaintiffs
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marijuanaTwo recent studies indicate that States that had legalized the recreational use of marijuana have seen a significant increase in car accidents compared to States that haven’t legalized marijuana for recreational use.  One of the studies was released by the Insurance Institute for Highway Safety (IIHS) and  the other one by the Highway Loss Data Institute (HLDI). These two studies were presented last week at the Combating Alcohol- and Drug-Impaired Driving Summit, that was hosted by IIHS and HLDI.  The study presented by HLDI looked at collision claims per insured vehicle in the Sates of  Colorado, Nevada, Oregon and Washington compared to the States of  Idaho, Montana, Utah and Wyoming from January 2012 to 2017. Researchers found that the frequency of collision claims per insured vehicle rose a combined 6 percent by year in the States that started the retail sale of Marijuana compared to the States where Marijuana is still a controlled substance. The study presented by IIHS compared the change in crash rate in Colorado, Oregon and Washington with neighboring States that didn’t enact recreational marijuana laws and found a 5.2% increase in the rate of crashes in States that authorized the recreational use of Marijuana compared to the States that didn’t authorize it.

The numbers found by both teams of researchers are consistent with each other however because the police still have no proper tool to detect if a driver was under the effect of Marijuana when involved in an accident it is difficult to prove that the legalization of marijuana make roads less safe.

While alcohol tests after an accident are pretty reliable, there are still no available tools to test if a marijuana user was impaired by the drug at the time of the accident. Because THC remains in the body for a long period of time after the substance is  consumed, a positive THC test doesn’t imply that the driver was high behind the wheels.

 

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Foudation for Safety LearningTo prevent construction accidents in New York, every hard hat in the city is now required to get at least 40 hours of safety training.  Safety training as well as constantly promoting and encouraging safety on construction sites is an effective way to reduce injuries and deaths related to accidents. It is not only important that every worker be trained on how to safely work but also that foremen and lead workers promote safety practices and apply them on a day to day basis on their job-sites.

Dedicated safety training for lead construction workers

To be effective safety leaders, in addition to the basic safety training, lead workers can highly benefit from specific training such as The Foundations for Safety Learning (FSL).  The FSL is a 2.5- hour training module that is dedicated to train lead workers on construction sites. Developed by OSHA and the Center for Construction Research and Training (CPWR) as well as construction workers and other experts, it was initially released by OSHA as a  a 30-hour elective module in January 2017. It has now been integrated in the training requirements of many small and large employers.

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NYC ambulance accidents3 people suffered personal injury in an ambulance accident in New York City. The accident occurred Tuesday morning around 7:30 a.m. on East Fordham Road at Elm Place. The FDNY ambulance careened into an optical store after it collided with a car. The ambulance was on its way to a call. Two FDNY workers who were in the ambulance as well as one of the car occupants were injured and rushed to the hospital. Thankfully there were no pedestrians on the sidewalk or in the store which was closed.

Ambulance accidents are unfortunately occurring too often in New York City. Despite having special exemption from stopping at red-lights and stop signs as well as from speed limits ambulance drivers still have to be mindful of pedestrians, cyclists and other motor vehicles. Pedestrians and cyclists are especially vulnerable to being run down by speeding ambulances. When such accidents occur, it is not always easy for the victims or their family to get proper compensation for their injuries or the loss of a loved one because of what is known as the “emergency doctrine” pursuant to which emergency responders involved in accidents  on emergency calls can’t be held responsible unless they drove with reckless disregard for the safety of others.

Almost 100 ambulance accidents every month in NYC

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6 people suffered personal injury in a chain reaction crash that occurred on the Long Island  Expressway in Melville. The traffic started to slow down after a car caught fire near Exit 49. Two cars then collided causing a chain crash involving a oil tanker. Susan Buttler, a 45 year old East Meadow resident lost control of her minivan and skidded under an oil tanker. She was charged with DUI. Aftre she was treated for minor injuries in a nearby hospital she was taken to the Fourth Precinct where she spent the night before being arraigned at the First District Court in Central Islip. 5 other people were injured and transported to local hospitals to be treated.

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le5 BODY CAMERAA potentially defective lithium-Ion battery in Vievu-brand LE-5  body camera led the NYPD to pull almost 3,000 body cameras from use.

The decision was made after one of the cameras worn by a Staten Island police officer exploded into flames.  The officer who was assigned to a midnight shift  in the 121st Precinct on the northwestern shore of Staten Island suddenly noticed smoke coming out of his body camera. Thankfully he wasn’t injured in the accident. He just had the time to remove the camera and to drop it on the ground in the precinct before it exploded and caught fire. After the incident, all officers wearing the same model of camera were instructed to immediately remove them and bring them back to their commands. The NYPD had around 15,000 cameras in use and only the Vievu LE-5 is being recalled. The previous version Vievu LE-4 which is also used by some of the police officers is not recalled. Officers who were wearing the LE-5 model will temporally work without body cameras.

CONTROVERSIAL DECISION 

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