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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A woman died in a truck accident in New York last Monday. 68 year old Nuesa Marques-Diniz was crossing 42nd street between Fifth Ave and Madison Ave, in Manhattan, when she was struck by a truck. The accident occurred around 8:00 pm. The woman was a New York resident from Brazil.  The truck belonged to the electrical company Hugh O’Kane Electrical Co. It was transporting two huge spool of wire. The pedestrian was crushed with the front and rear driver-side tires. She died at the scene of the accident.  The truck driver stayed at the scene of the accident. He wasn’t charged. Read more in the NY Daily News

Last week Vision Zero launched a campaign to reduce pedestrian accidents after Daylight Saving Time. Recent statistics have shown that the number of pedestrian fatalities increase by 40% during the 3 months that follow Daylight Saving Time. Poorest visibility related to earlier darkness when most New Yorkers are still outside increases the risk of accidents.

truck accident location

The woman had just came out of the Mc Donald and was crossing the street here. Picture: courtesy of Google Map

 

 

 

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Medical technology can prolong life expectancy. However when not proprely handled, complex medical equipment can also increase the risk of medical malpractice.When the staff is not adequately trained or is too busy, medical errors related to technical equipment can occur. Medical malpractice related to technology hazards can seriously injure or kill patients. The ECRI Institute is closely monitoring risks and related medical errors related to new health technology.  Every year the patient advocate organization publishes a report of the 10 biggest technology hazards. Here is the 2017 ranking:

  1. Infusion error

    After a nurse or a member of the medical staff  installs a new infusion pump for a patient with an IV line, it seems obvious that he or she would check if the medication drips proprely in the tube. Unfortunately, this simple step is often neglected making infusion errors the biggest technology hazard in healthcare. Physical damages to the pump or staff not making appropriate use of the roller clamp on the IV tubing can cause uncontrolled flow of medication to the patient .”IV free flow” is mostly the result of medical malpractice that is easily preventable. It can cause severe harm to patients. Some of them die.

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New Jersey Transit trainAfter a train crashed into the Hoboken terminal killing one and injuring more than hundreds, the New Jersey Transit has been under intense scrutiny. Steven Santoro took over the role of executive director of the agency 3 weeks ago. He was appearing Friday at a joint hearing of the Senate Legislative Oversight Committee and the Assembly Judiciary Committee, which together are investigating NJ Transit’s troubled leadership and poor safety record.

During the hearing, Santoro revealed that a federal investigation into the New Jersey Transit found multiple safety violations. According to NorthJersey.com the Federal investigators found that emergency tools and fire extinguishers were lacking on some trains. They also found that employees were using their cellphones when they were not authorized to do so.  Engineers sometimes didn’t blow the horn at grade crossings or didn’t perform brake checks as required. Additionally, locomotives were not proprely secured in train yards.

Santoro admitted that to operate safely the agency would need to hire at least 305 more employees. Additional funding will also be necessary. Santoro explained that the money allocated to construction projects to keep the railroad safe was used to pay for new equipment purchases.

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methShaun Martin was high on PCP and Meth when he crashed his car into a New York grocery store and killed the florist standing outside. Two other workers were also injured in the crash. He was convicted of murder last July (see previous blog). On Friday, the 35 year old man appeared in front of Manhattan Supreme Court Justice Melissa Jackson. He was sentenced to 20 years to life.

In 2013 Shaun Martin was drunk and high on Meth and PCP when he decided to drive his car in the East Village. He jumped the curb at more than 90 mph and crashed into the flower stand of a grocery store located on Second Ave and E. 4th Street. 62 year old Mohammed Akkas Ali died in the car accident. He was the florist at the grocery store. He was about to finish his shift when the accident occured.  Read more in the NY Daily News

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accident sceneA pedestrian who was crossing the street was struck by a bicyclist on Saturday night. The bicyclist didn’t stop. He sped off leaving behind him a pedestrian seriously injured. The accident happened at the intersection of E. 70th Street and First Ave in the Upper East Side of New York around 8:10 pm. The pedestrian was attempting to cross the street when the bicyclist struck him. Witnesses said they heard his head cracking as it slammed on the asphalt. They also said the man had convulsions. The police haven’t apprehended the cyclist yet. Read more in the NY Daily News

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9 pedestrians were killed in NYC car accidents last year during the 8 days following the end of the Daylight Saving Time. All the victims were between 55 and 88 years old.  6 of the 9 accidents occurred after sunset. According to data collected between 2010 and 2014, the number of pedestrians dying or being severely injured in car accidents increased by 40% during the last 3 months of the year. Statistics also indicate that crashes involving turns are doubling during the colder and darker months of the year.

As Daylight Saving Time ends this week-end, a $1.5 million Vision Zero campaign will be launched this Friday by the mayor’s office to prevent pedestrian deaths during the most dangerous period of the year.

Yesterday Bill de Blasio was joined by Transportation Commissioner Trottenberg, Aging Commissioner Corrado, Commissioner and Chair of the Taxi and Limousine Commission Joshi and NYPD Chief Chan at One Police Plaza to present the new pedestrian safety campaign to the press.

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NYC MTA Subway logoOne MTA worker was seriously injured and another one died in a subway accident in NYC yesterday. The two men were working on the southbound G train track between the Fort Hamilton Parkway and Church Ave. stations in Kensington, Brooklyn. A little after midnight, a train running on the track struck them both. Emergency workers rushed to the location of the accident. One of the workers, a 53 year old man was transported to the hospital in critical condition. He later died from his injuries. The other worker, a 49 year old man, was also transported to the hospital. He was seriously injured but in stable condition. It is not clear why the two men were working on the track when the  subway train was in service. Read more in the NY Daily News

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large truckTruck accidents are on a trending rise in New York City. Last July they reached a record number of 805. It was the first time ever that the number of monthly truck accidents in New York City was over 800.

In the US, 4067 people died in truck accidents in 2015 compared to 3903 in 2014 and 3380 in 2009. Over 6 years the number of fatal truck accidents increased by 20%. From 2009 to 2015, injuries related to truck accidents increased by 50% from 74,000 to 111,0000. Truck crashes were also on the rise during the same period. They increased from 286,000 to 411,000 between 2009 and 2014.

Truck drivers are working long hours and are often pressured to deliver their load on a tight schedule. They often drive above the legal speed limit exposing themselves and other road users to dangerous accidents. According to the NHTSB, speeding, distraction and impairment are the three main factors in truck accidents.

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young hockey playersExtremity injuries and traumatic brain injuries are common in youth hockey according to a Mayo Clinic Study. Most injuries result from intentional contact according to the same study. Over the years, USA Hockey, the regulating body for youth hockey has taken different measures to make the game safer. Body checks which are causing the most dramatic injuries are now forbidden for players under 14 years old. Penalties have also been increased for contact with another player’s head. However if the rules are not enforced injuries will continue to happen.

It is the share responsibility of the coaches, the referees and the parents to make sure that the game is safe for the kids.

Coaches are responsible to develop good sportsmanship among players instead of a culture of intimidation.  A good coach will focus on developing skills and respect for opponents.

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A construction worker suffered critical injury after he fell down an elevator shaft in NYC. The 42 year old man was an employee of Economy Elevator Inc. He was working on a construction site at 246 Johnson Ave in Brooklyn, NYC when he fell seven stories in the elevator shaft. Other workers who heard him scream came to the rescue and call the emergency medical workers. The workers was able to move his hands and his feet when the EMS put him on the stretcher. He was transported to the hospital in critical condition. According to DNA Info the worker was wearing a harness when he was found on the ground. However it is not clear if it was attached to anything at the time of the accident. Read more in DNA Info 

246 Johnson Ave is located at the corner of Bushwick Place near the Montrose L stop. In 2014 it was a one-story building that was bought by developer Moshe Silberstein. A residential building is now being constructed at this location. See below a picture of the building from Google map before development.

246 Johnson Ave

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