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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In New York City there are around 3,500 motor vehicle accidents related to distracted driving every month. It is the main cause of accidents in the city. Many New York drivers consider their cars like a second office and handle all kinds of businesses that require using their phone while they are behind the wheel. Despite multiple campaigns to try to convince drivers not to text and drive, a recent At&T survey indicates that Americans continue to illegally use their mobile phone while they are driving. They are not only texting but they are also engaging  in social media, surfing the web and even having video chats.

The increase in car accidents related to texting and driving can be somewhat compared to the drinking and driving crisis in the 80ies. Several road safety advocates who have previously been involved in campaigns to reduce the number of accidents related to drunk driving are now working on campaigns to reduce distracted driving.  These advocates believe that distracted driving so far hasn’t been treated as seriously as drunk driving and that more needs to be done including at the legislative level.

In New York, lawmakers are considering introducing a textalyser.  Just like the breathalyzer is able to check alcohol blood level, the textalyser is be able to check if the driver was texting behind the wheel. According to lawmakers the textalyzer does not access private data but only checks if the driver was using the phone to text, email or do anything else illegal under New York’s hands free driving laws.

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surgeryToo many patients requiring complex surgery are suffering the devastating consequences of medical malpractice committed by inexperienced surgeons who negligently performed the surgery.  Some medical experts believe that there should be some type of legal way to prevent patients from undergoing high risk surgeries with inexperienced surgeons in hospitals that handle a low volume of patients. In a recent article in the Washington Post, Sandra G. Boodman writes about a long-running battle known as the volume-outcome debate among medical experts. This debate was recently re-activated by the decision of John Hopkins, Dartmouth-Hitchcock and University of Michigan to require surgeons practicing specific types of high risk surgery to meet an annual threshold to be able to perform the procedure.   In her article Boodman takes the example of a pancreatic cancer patient who suffered a botched Whipple surgery after an inexperience surgeon convinced him she could do it. The patient had to undergo another surgery where a surgeon specializing in Whipple surgery successfully treated him. Boodman also refers to several studies demonstrating that in cases of complex procedures patients undergoing surgery at hospitals with a high volume of these types of surgeries had a much lesser risk to die than those in hospitals performing a low volume of the same procedures. The author also discusses the difficulty for patients to find information about how many times the surgeon performed the risky procedure and what is his or her success rate is.

Read the complete article here

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liftA hydraulic crane crashed into a building in New York yesterday. The accident occurred at 133 Essex Street on the Lower East Side of Manhattan. Witnesses living in the neighborhood told the NY Daily News that they had been worrying about the crane for a few days. They mentioned that the crane was “funny looking”. Before crashing into a window of the building’s 6th floor the crane slowly tipped for two hours. After the accident, the FDNY received a request from the DOB to conduct a structural stability inspection. The results show the stability of the building was satisfactory but officials still ordered tenants from the top floors to evacuate their apartments.

The NYC Department of Building issued a stop work order for the construction site. In the past the construction site was hit with several complaints and violations. They have all been resolved or dismissed with the exception of a violation related to the elevator. The contractor,  Jepol Construction, was also hit with a violation for “failure to safeguard the site”.

Picture courtesy of Wikipedia shows the type of crane that crashed into the building

 

 

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NYPDWhen Lauren David died in a bike accident in Brooklyn (see previous blog), the NYPD initially reported that David was biking against traffic. In a recent article the Gothamist indicated that the police have amended their report and after investigation they found that David was indeed riding in the direction of the traffic. The police also told reporters that they are discussing possible charges against the driver with the Brooklyn DA.

In New York City the police have a habit of immediately blaming the victims before investigating the accident. Just a few days after David was killed, another biker died in a traffic accident in Brooklyn.  James Gregg was fatally struck by a truck which was driving in a non truck zone. Again the police found ridiculous excuses to blame the victim (see previous blog). Last Sunday the Brooklyn Borough President Eric Adams who led a memorial bike ride for the two victims (see previous blog) asked the NYPD to stop speculating  on the causes of accidents until the investigation is finished.

Picture: courtesy of Wikipedia

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Bike Lane in BrooklynTwo people died in bike accidents in Brooklyn, NYC in April.  James Gregg was killed on April 20 by a tractor trailer truck who’s driver illegally drove in a non truck residential street (see our previous blog). Lauren Davis was fatally struck by a car making  a left turn on April 15th (see our previous blog).

On Sunday, Brooklyn Borough President, Eric Adams, led a memorial bike ride in honor of these two victims. He laid flowers in front of a ghost bike memorial installed by Transportation Alternatives at the intersection of 6th Ave and Sterling Place where Gregg died. The bicyclists then rode to the intersection of Clason and Lexington Avenues where Davis was killed.

Adams asked the DOT to continue its work to protect NYC Bicyclists. He also asked the NYPD to enforce the 25 mph speed limit and the law that prevents trucks from driving in residential areas.

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A young pedestrian was struck by a car in New York City last week. The accident happened at the dangerous intersection of E. 165th St. and The Grand Concourse in the Bronx. The 11 year old boy was crossing the Grand Concourse when he was struck by a car driving South on E. 165th Street. The boy was critically injured during the accident. (read more in the NY Daily News)

E. 165th Street between Jerome Ave and Melrose Ave was flagged by Vision Zero  for a safer street redesign. Between 2009 and 2013, two pedestrians died, 37 were injured (including 5 severely) and 6 bicyclists were injured in traffic accidents at this specific part of the street.  The two fatalities occurred at the intersection of E. 165th St. and The Grand Concourse where the 11 year old boy was critically injured last week.

According to Vision Zero statistics, 50% of the pedestrian accidents on E 165th street are caused by drivers failing to yield and 28% of all motor vehicle crashes on this street took place while a driver was making a left turn.

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rubinowitz_torganIn their recently published Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “While the theory behind the need for an independent medical examination makes perfect sense, the reality is that there has been a history of deceit and abuse on both sides of the fence. Some plaintiffs exaggerate injuries, some examining doctors minimize their findings. Regardless of whether one represents the plaintiff or the defendant, it is the responsibility of the trial lawyer to challenge the physician at trial to expose such deception.”

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A cab driver died and a woman were injured in a car crash in Long Island, NY, early Saturday morning. 23 year old Duke Obule was drunk and speeding behind the wheel of a luxury sports car when he lost control of the vehicle at the intersection of Hempstead Turnpike and Lincoln Road in Franklin Square. The impact was so strong that the taxi careened all the way across Hempstead Turnpike and crashed into a utility pole. The cab driver was killed in the accident.  The drunk driver fled the scene of the accident by foot leaving behind an injured 20 year old woman who was in the car with him at the time of the accident. She suffered a broken ankle and was taken to the hospital. Obule  was caught by the police an hour later on Hempstead Turnpike,  a mile away from the accident. Not only was Obule  drunk driving and speeding but he also had no license. He faces 10 charges including manslaughter and DWI. According to residents Hempstead Turnpike has a history of speeding and accidents.

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bike riding nycEvery month almost two people die and more than 300 are injured in bicycle accidents in New York. Very often these accidents are caused by negligent drivers.Biking in New York City can be fun but it can also be dangerous.In a recent article in the New York Times, Tom Wright-Persanti  provides useful tips for new and experienced riders. Here is a summary:

  • Protect yourself by using a helmet
  • Before getting on the bike, make sure all parts are in working order
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car van crashA speeding driver blew a stop sign and crashed into a van with six passengers after which he ran by foot from the scene last Friday night in NYC. The car crash took place at the intersection of Shore Ave and Princeton Street, in Jamaica, Queens, NYC around 11:00 pm. 6 church goers were coming back from a service in a van when a rental car crashed into them. The impact was so strong that the van flipped upside down. The police believe the driver stole the rental car on a nearby  street shortly before the accident. The passengers of the van were a pastor and his pregnant wife, their 3 month and three year old children, another family member and a teenager.   Thankfully the 6 of them only suffered minor injuries. The police are still looking for the hit and run driver.

Read more on the New York CBS Local website

Picture: Jack.Danielz526 on Instagram

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