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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2 people suffered personal injury after being struck by a patrol vehicle on Long Beach in Long Island, NY. A 48-year-old man and his 36-year-old female companion, both from Hempstead, were lying on the beach among people a little bit after sunset when a cop driving a beach patrol SUV ran over them.  Both of them were transported to the hospital to be treated. The man suffered broken ribs and a bruised lung. His companion had a broken finger and a leg injury. The man was released from the hospital on Monday. The woman is still in the hospital.

The police officer, 32-year-old David Walpole, was making a three-point turn on the beach when the accident occurred. According to the police, Walpole just didn’t see the couple. The cop had driven his SUV in an area where cars usually don’t go because he was trying to prevent a large crowd from going into the ocean as the lifeguards had gone off duty a little bit earlier.Walpole has 20 years of service with the police. He was also sent to the hospital where his blood was checked for alcohol and drugs. Results came out perfectly clean.

A witness said that he was walking on the beach and thought he was hallucinating when he saw the cop car on top of a human body.

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accident sceneTwo people died and several others were injured in a NYC car accident caused by a drunk driver who was speeding. 34-year-old Andrew Shakespeare was driving back from a wedding on Sunday morning. He had 4 other passengers in his car. He was allegedly drunk and was speeding on the Grand Central Parkway in Queens, NYC. As he approached the 188th street exit, Shakespeare changed lanes and side-wiped a Nissan Sentra driven by a 59-year-old woman. He then lost control of his BMW X5 SUV and careened into a Nissan Rogue driven by a 52-year-old man. Both cars crashed into the center guard rail. A 38-year-old woman driving a Mercedes was then struck by the BMW despite trying to swerve to avoid hitting the two cars. The impact sent her car into trees on the side of the road and back rolling over on the road.

The BMW front passenger, 34-year-old Layon Campbell was transported to the hospital with critical head and body injury. He was pronounced dead upon his arrival. 16-year-old Akeam Grant who was sitting on the rear right seat of the BMW died at the scene of the accident. The two other passengers, a 21-year-old and a 16-year-old survived. One of them fractured his pelvis and his right arm. The other lacerated his right arm. They were both transported to a hospital to be treated.

Among the people in the 3 other cars involved in the crash, both drivers of the Nissans were taken to the hospital for neck and back injuries but were listed in stable condition. The two passengers of the Nissan Rogue were also rushed to the hospital. The front passenger, a 50-year-old man injured his right leg. The rear passenger, a 63-year-old man fractured his rib and his neck. He also suffered from neck and back pain. Both passengers are in stable condition. The Mercedes-Benz driver was also transported to the hospital to be treated for pain in her right shoulder.

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New York Personal Injury Attorneys Rubinowitz and TorganIn their recent trial advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Too often trial lawyers fail to maximize key points that, if fully developed during cross, will serve not only to discredit the witness, but to anger the jurors so that they begin to question and doubt your adversary’s entire case. A thorough line of attack with respect to a lie does not simply prove that a witness was dishonest, but explores the thought process that went into concocting the lie in the first instance, the motives behind that lie, and the ultimate goal that the witness hoped to achieve by engaging in such deception.

Read the complete column here

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pedestrian accident locationA pedestrian was fatally struck by car in NYC last night . According to the NY Daily News The 53-year-old man was crossing East Tremont Ave at the intersection of Saint Peters Ave when a SUV hit him. The pedestrian died at the scene of the accident. The driver wasn’t charged. The accident occurred at night around 9:30 pm.

East Tremont has been identified by the Vision Zero  initiative as a dangerous corridor. Speeding is frequent and pedestrians crossings are too few on this 4 lane avenue. The DOT presented a plan to redesign Est Tremont Ave to the community Board 9 in April 2016. However this plan covers only a part of East Tremont Avenue and not the area where the pedestrian was fatally struck yesterday night.

Picture of the pedestrian accident location: courtesy of Google

 

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construction accident locationIt’s a miracle nobody was injured in a construction accident that occurred yesterday around noon on 58th street near Columbus Circle. Construction workers were moving material in an exterior elevator when it got jammed on the 17th floor. A large and heavy metallic ramp that connected the elevator to the building fell busy 58th street, prompting pedestrians to run for cover. The elevator contained a crate packed with 2 tons of glass window panels.

After the metallic ramp gave way, the crate was partially in the elevator and partially dangling outside creating a major danger  for cars and pedestrians below. The street had to be closed for several hours until the FDNY could figure out how to safely remove the heavy load of glass from its unsafe location.  The construction site is located at 217 W57th Street. It is the site of the Central Park Tower a super tall building being developed by Extell. This project is expected to be the largest sellout ever in City history with 20 of the condos priced over 60 million per unit.

Read more in DNA Info

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bicycle accident location 5 people died in bicycle accidents in New York City over the last 4 weeks.  The most recent accident occurred two days ago in Brooklyn. A 47-year-old man was riding his bike on Rochester Avenue when he was hit by a SUV at the intersection of Atlantic Avenue. The driver of the SUV was a 19-year-old woman. She wasn’t charged.

According to  Brad Aaron from NYC Streetblog, the police officer on the scene blamed the victim and told the media that the bicyclist ran a red light. However according to Brad Aaron, the investigation is ongoing and the officer’s statement was probably negative speculation. Unfortunately NYPD officers present at the scene of bicycle accidents have a bad habit of blaming the victims and to protect the drivers (see also previous blog).

Atlantic Avenue is a very dangerous artery and the DOT is planning to redesign the avenue. However the DOT has no no plans to change this particular intersection. Maybe they will change their mind after this accident.

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city-seal-prThere were 93 traffic fatalities in New York City for the first 6 months of 2017. This is the first time since traffic accident data began being recorded in the City that this number went below 100. 203 people died in motor vehicle accidents in NYC for the full fiscal year that ended on June 30.

These numbers were announced a few days ago by Mayor Bill de Blasio. “No loss of life on our streets is acceptable, but under Vision Zero, we have seen continued and consistent progress, with traffic fatalities on the decline for three-and-a-half-years, strongly countering national trends,” said Mayor de Blasio.

Since 2014, the city has been taking multiple measures such as street redesign and traffic enforcement to try to make the streets safer for all New Yorkers. Pedestrians, especially children and seniors are the most at risk of being fatally struck by a car. Among the 93 people who died in traffic accidents, 47 of them were pedestrians. Respectively 63, 54 and 55 and  of them died during the same period of 2016, 2015 and 2014.

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“ Lissy McMahon’s sister, the executrix of her Estate made this video to express her appreciation for the NY Legislature passing Laverne’s Law. Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass. He is the co-chair of the Medical Malpractice Committee of the New York State Trial lawyers Association and co-chair of LawPAC of New York-the political action committee of the Trial Lawyers.  Recently, the New York State Legislature passed Lavern’s Law.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 4 year old son Jack.  Jeff now represents her estate.

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11 people died in auto accidents in New York City last May compared to 20 in April and 18 for the same month a year ago. This is a the lowest number of traffic deaths recorded since March 2016 where the number was also 11. This record low number of auto accident deaths occurred despite traffic accidents reaching 20,689 during the same month. This is the highest number of monthly motor vehicle accidents ever recorded in the city. The month before there were 17,585 motor vehicle accidents and 19,911 in May last year.

Traffic accidents in the city have been on a rising trend.  However it is only the second time that this number is above 20,000. Before that, the monthly number of accidents only went above 20,000 once in October 2015. (Click on graphs for full size)

Auto Accidents NYC Monthly Graph
While the number of traffic accidents has been increasing steadily, the number of deaths related to theses accidents have been declining over the last 4 years. This decline may be explained by the various street safety initiatives that have been launched under the umbrella of the Vision Zero Program to reduce traffic deaths in the city.

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9 cyclists died in bicycle accidents in New York City during the first 6 months of 2017 according to recent articles by Aidan Gardiner in DNA Info. During the same period of time last year 12 bicyclists died in New York City and respectively 5, 10 and 7 in 2016, 2015, 2014 and 2013.  Indeed despite the launch of Vision Zero  in 2014 and after a drop in 2015, the number of bicycle accident fatalities was higher most of the time  than what it was in 2013 before Vision Zero was launched.  The main reason why the number of  cyclists fatalities remain high is because the number of people using bikes in New York City has been exploding over the last few years. According to data from the NYC DOT (see graph below), the number of people commuting to their work by bike has grown by 80% between 2010 and 2015, faster than in any American city.

bicycling statistics NYC
A better way to find out if the streets are safer for New York City bicyclists is to compare the ratio of cyclists deaths to the number of commuters for example. In 2013 this ratio was 10/37589 = 0.026%, in 2014 it was 5/41,789=0.011% and in 2015 10/44,976=0.022%. This ratio indicates that streets were safer in 2014 and 2015 than they were in 2013. However the ratio also showed that when Vision Zero was launched in 2014  street safety for bicyclists increased significantly but then dissipated after the launch. The data shows that street safety for bicyclists must be an everyday focus at all levels of the Vision Zero program.

The NYC DOT also calculates the New York City Cycling Risk. This indicator compares the Bicyclists Severe Injuries and Fatalities (KSI) to the estimated million cycling trips taken in New York City every year. According to the most recent report of the DOT, the bicycling risk has been constantly decreasing since 2000 and was at its lowest in 2014 (see graph below).

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