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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Motorized scooter can cause injuryOver the last months, personal injury lawyers have been receiving an increasing amount of calls regarding motorized scooter accidents. Scooter accidents involving pedestrians as well as single scooter crashes are on the rise in the US with new scooter rental companies setting up shop all over America.

In various cities, especially on the West Coast, companies like Bird and LimeBike are proposing dock-less motorized scooters that can be unlocked with a phone app for an initial fee of one dollar and a rate of 15 cents an hour. Motorized scooters can reach up to 15 miles an hour and are now a common feature in Santa Monica and Washington DC. Motorized scooters are growing in popularity and in many cities in the US they can be seen weaving through vehicular traffic or through pedestrian areas.  Over the last months, in cities where motorized scoooters are legal, personal injury lawyers have also been receiving an increased number of calls from pedestrians who have been hit by motorized scooters and from riders who injured themselves in single scooter crashes caused by a malfunctioning tires or brakes or by road hazards.

Emergency rooms doctors confirm that motorized scooters are leaving behind them a trail of injured riders and pedestrians. Doctors have seen an increased number of patients who suffered head, wrist, elbow and hip injuries after they got involved in a scooter accident. Riders are supposed to wear a helmet but most of them don’t. They are also often wearing earbuds which isolate them further from their surroundings.

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LIRR TrainPositive Train Control (PTC) could have prevented the Metro-North derailment that killed 4 people in the Bronx in December 2013 as well as several other fatal train accidents that occurred in recent years.

In 2008 after 25 people were killed in a crash between a commuter train and a freight train, the U.S. Rail Safety Improvement Act of 2008 was passed requiring that all railroads have PTC in place and employees trained to use it by December 31st 2018.  PTC requires that radio transponders be installed on tracks and on trains. The transponders communicate to each others and automatically slow down a train if it is going to fast or stop it if it is about to hit another train.

According to a recent federal report, two-thirds of the commuter railroads in the US might miss the deadline. The Metro-North and the Long Island Rail Road are among them. Therefore to avoid a fine, the Metropolitan Transportation Authority (MTA) is considering submitting a letter to The Federal Railroad Administration (FRA)asking the agency to lower its standards while deciding if the progress made by the LIRR and the Metro-North in installing PTC meet federal requirements. The letter proposal follows the recent introduction by the FRA to allow railroads to propose their own criteria for becoming compliant. The proposal also comes after the MTA acknowledged that the PTC system installed so far failed in several test simulations.

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A driver was injured by another driver in a road rage incident that occurred Wednesday afternoon in Greenpoint, Brooklyn. The victim was driving down McGuiness Boulevard near the intersection of Norman Avenue when a driver tried to cut in front of him. As they both stopped at the red light the aggressive driver got out of his car and started to insult the other driver and tried to hit him. As the other driver got out of his car and defended himself, the man went back in his car, picked up a knife and tried to hit the victim again. He then stole the victim’s key, got in his car and almost killed him while speeding away. So far the victim’s car hasn’t been found and the car of the man who attacked him had to be towed away from the intersection by the police.

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Injuries are the leading cause of death among New York children. A recent report published by the New York Health Department looks at the trend in injury deaths for children ages 1 to 12 in New York City from 2006 to 2015.

The study shows that in the majority of cases, injuries that resulted in the death of a child in New York City were unintentional. In 2015, for example, among the 22 children who died from injury, 18 were unintentional deaths and 4 were homicides. No suicides were recorded that year. Suicides represent the smallest part of children injury deaths in New York City.

The number of children injury deaths was at its highest in 2006 and at its lowest in 2011 and 2015. Over the last 10 years it has been on a declining trend.

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firearm injuries and childrenFirearm injuries are one of the leading causes of hospitalization for children and teenagers in the United States. A recent study by Bradley R. Herrin, Julie R. Gaither, John M. Leventhal and James Dodington compares hospitalization rates by age in urban settings (metropolitan counties of <50,000),  micropolitan settings (population 10,000-49,999) and rural settings (nonmetropolican nonmicropolitan counties of <10,000) . The searchers used the Kid’s Inpatient Database data from 2006, 2009 and 2012 to analyze 21,581 hospitalizations for firearm injuries. They excluded the children who died in the emergency room.

The study found that:

  • More than 77% of hospitalizations for pediatric firearm injuries were teenagers from 15 to 19 year old living in urban settings
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Speed camera prevent injuries and deathsA speed camera program that was installed in 2014  in New York City school zones to reduce pedestrian accidents was shut down. Cameras were turned off yesterday in 120 school zones around the city and by the end of August 20 other school zones will see their speed cameras turned off as well.

Despite heavy campaigning by New York City mayor Bill de Blasio and NY Governor Andrew Cuomo not only to keep the school camera program alive but also to add additional cameras in the city, lawmakers in Albany failed to call a vote to renew the program.

Since they have been installed in 2014, the speed cameras have clearly demonstrated that they protect pedestrians and especially children from being injured or dying in car accidents in New York City school zones. Statistics indicate that in school areas where cameras were installed speeding decreased by 63% and fatalities by 55% between 2014 and 2016.

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construction workers with back injuryIn the construction industry, manual lifting and moving heavy materials are the leading causes of disabling injuries. Strains, sprains and related soft tissues injuries affect a majority of construction workers and cost billions of dollars to businesses.  Back injuries are the most common disabling injuries for construction workers and approximately 3 out of 4 back injuries that require time off  to recover are due to over exertion. Other common disabling injuries suffered by construction workers are hand and wrist injuries as well as shoulder injuries. Many of these injuries can be prevented by reducing manual material handling.

PLANNING AND COMMUNICATION ARE KEY TO PREVENT INJURIES

The Center for Construction Research and Training (CPWR) is working on creating a new program for contractors to help them with practical tools and information to plan  for safe manual materials handling while staying productive and profitable. The CPWR works with contractors to define the best way to store and move heavy material on construction sites. So far they found that careful planning and communication were key factors in protecting workers from manual lifting injuries.

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3.3 million units of four varieties of Goldfish Crackers have been recalled over fears that the products might be contaminated with salmonella. Peperidge Farm, the manufacturing company, indicated the potential contamination was caused by whey powder used in the fabrication of the crackers. The varieties of Goldfish Crackers being recalled are:

  • Flavor Blasted Xtra Cheddar
  • Flavor Blasted Sour Cream & Onion
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Last week a pedestrian was critically injured in a truck accident in New York. The 37 year old man was run over by a tractor trailer at the intersection of Amsterdam Avenue and 81st Street last Thursday evening a little bit before 7:00 pm. He was rushed to the hospital with severe trauma and was likely to die according to media.

BIG RIGS HAVE NOTHING TO DO IN A NEW YORK RESIDENTIAL AREA AT DINNER TIME

It was a busy summer night in a residential neighborhood and people were having dinner in the various restaurants and terraces located in the area. Witnesses eating at a nearby restaurant said they heard a big thump and then they saw the man laying face down in the street and not moving.  Witnesses rushed to the victim to try to help while the truck continued on its way. He stopped one block away from the accident after a crowd gathered at the rear end of his truck. The driver then cooperated with the the police He told them that he he didn’t realize he had hit someone.

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mother texting while drivingDistracted driving has led to a surge in fatal car accidents and even parents with young children in their car admit that they use their phone while driving.

According to a study recently released by  the Children’s Hospital of Philadelphia and the University of Pennsylvania School of Nursing and published in the Journal of Pediatrics, out of 760 parents or caregivers interviewed:

  • 47% talked on a hand-held phone
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