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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As the construction industry is booming again, immigrant construction workers are facing increased risks of exploitation. In a recent article in the Globe, Beth Healy and Megane Woolhouse investigate the practices of greedy contractors looking for cheap labor.

Immigrants sometimes very young are being hired illegally by contractors. They are paid cash below the minimum wage. They have no insurance. If they are injured on the job, they are often pressured not to report their injury.  15 year old Luis Mayancela fell two stories from a roof. He broke his leg. His contractor didn’t even called an ambulance. A co-worker drove him to the Emergency Room. After the accident, his boss denied all responsibility.

Because they are illegal, injured construction workers often fear retaliation and are pressured not to report their injuries. In their investigation, Healy and Woolhouse denounce industry practices that routinely exploit immigrant workers. Because many of them do not speak English well and are unfamiliar with their rights they often don’t even have a written agreement with their employers.

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Personal injury is the number one cause of death among children 1 to 18 year old in America.  Every year, 1 out of 4 children will end up at the emergency room to be treated for unintentional or intentional injury. Some of them will end up with lifelong disabilities. On average, the  American Academy of Pediatrics estimates that $50 billion is spent each year in the US to care for injured children. Children’s injuries often cause emotional distress not only to the child but also to the family. The financial burden caused by injured children often add to the existing stress caused by the injury itself.

Recently, the American Academy of Pediatrics published Best Practices for  Pediatric Injury Care.  In their guidelines, the lead authors David W. Tuggle, MD, FAAP, FACS and Sally K. Snow, RN, BSN, CPEN, FAEN  recommend that:

  • A pediatric trauma system be included in every emergency medical service (EMS) or hospital
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NYC transit servicesSubway accidents and bus accidents in NYC are difficult to avoid.  As millions of people are using the subways and buses in NYC every year, accidents happen. People are getting hurt, sometimes badly. Sometimes they die. Some accidents are caused by the negligence of the MTA New York City Transit. Over the last 5 years, the agency settled or adjudicated 4,592 negligence cases for a total of $431 million.  88 cases were settled for more than $1 million. A case was settled last year for $9 million. The victim was 19 year old Ali Muir, a pre-med student. Muir tripped in a hole on a subway platform. He fell on the tracks and was hit by a subway.Both of Muir’s  legs were amputated from the knees.  It took 6 years for his case to settle. Many NYC subway platforms have unfixed hazards that can cause dangerous slip and falls.

Any personal injury lawyer in the city knows that NYC transit cases are not easy cases. 49 tort attorneys are working full time for the agency, aggressively fighting every case. The agency is taking the time it needs to fight cases  because it only has to pay a 3% post judgment interest rate. Other agencies and litigants have to pay a   9% post  judgment interest rate on the money awarded at trial to victims. The 3% interest rate is an incentive for the NYC transit to take the time it needs post judgment to take lengthy Appeals of adverse judgments in cases.

Cases take so long to be settled that sometimes victims have to borrow money to pay for their medical bills or for their living. This  happened to 36 year old Pilar Ortiz. She suffered serious leg injuries after being struck by a MTA Bus while riding her bicycle. Ortiz had to undergo 20- surgeries to save her legs.  She was represented by two of our attorneys: Ben Rubinowitz and Peter Saghir. Rubinowitz and Saghir successfully fought the NYC transit agency who was blaming the victim for the accident. The case went to trial. Rubinowitz and Saghir were able to prove to the jury that MTA investigators were lying. Ortiz won the case after a 6 year battle.

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A bicyclist may need a leg amputation after he was struck by a truck in New York. The 30 year old man was riding his bike South on 8th Ave in Manhattan, NYC, around 3:30 am Friday. As he crossed West 40th Street, a commercial truck slammed into him. The truck driver didn’t stop. He just continued on his way. The cyclist was left bleeding in the middle of the street. A witness working at a nearby Duane Reade saw the accident. He told the NY Daily News that the truck was speeding when he hit the victim. The man was transported by ambulance to the hospital. He suffered serious head and leg injuries. His leg may be amputated. The police are still looking for the hit and run driver.

Previously several people reported on the Vision Zero Input map that vehicles were failing to yield at this specific location. So far 4 people were injured in 2016 at the intersection of 8th Ave and 40th Street.

Failure to yiled reported at accident location

Picture source: Vision Zero Input Map

 

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A pedestrian was fatally hit by a car in NYC on Friday night. 28 year old Francis Perez a Sheepshead Bay resident, stepped out of his house around 8:00 pm. He went to a nearby grocery store. He bought snacks for his son and his girlfriend. On his way back, he crossed Avenue V between Ford and Coyle Street. A car hit him at high speed. He flew in the air. A witness ran and gave him CPR. It wasn’t enough. The ambulance took him to the hospital where died there from his injuries. He left behind his girlfriend, Sandra Mcillwain, and their 8 year old son Francis JR. The police are still looking for the hit and run driver who killed him. Read more in the NY Daily News.

A Google aerial picture of the location of the accident shows that there are several stores and businesses on Avenue V between Coyle Street and Ford Street. It also shows that there are no pedestrian crossings despite commercial activities.

aerial picture of Avenue V

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automated vehicleHuman error is the main factor in fatalities and injuries related to car accidents. The introduction of automated vehicles (AV) is expected to lead to a significant improvement of safety on American roads. However just like actual cars, new automated vehicles must pass safety standards. The US Department of Transportation’s role is to ensure public safety on the roads. With the arrival on the market of  self driving vehicles, the agency is confronted with to new challenges. How to keep road users safe with automated vehicles? How to keep up to date with safety as technology related to AVs is developing very quickly?

The DOT consulted with experts, safety advocates, industry leaders and State governments among others before to publish a “Federal Automated Vehicles Policy”. This document was released with the purpose of seeking public comments.  The DOT will consider all received feedback and release an updated policy in one year.

The document can be downloaded here

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daLeft turn accidents in New York City kill or severely injure pedestrians and bicyclists 3 times more than right turns. These findings are part of a study focusing on left turn crashes that was recently released by the NYC DOT.  As part of Vision Zero, the DOT carefully analyzed 1,105 crash reports over a period of 5 years.

The most dangerous intersections for left turns are those when a vehicle is turning left from a one lane and one way street onto a two way and two lane street wider than 60 feet. When a driver makes a left turn in this type of intersection, his visibility of pedestrians is limited. Additionally, the driver often pressured by traffic behind him, has to find gaps between the incoming traffic and the pedestrians crossing.

The study also found that victims of left turn accidents are mostly pedestrians with a median age of 67. They are most commonly hit by cars, vans or pickup trucks.

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accident sceneA reckless driver fatally backed up into a pedestrian in Manhattan. The 41 year old man was driving North on Third Ave. As he was crossing E. 71st Street, he suddenly stopped in the middle of the intersection. He then proceeded to back up toward a parking spot. As he was doing so, 83 year old Lee Strong, a Upper East Side resident, had just started to cross the street in the crosswalk. The driver didn’t see her and backed into her.  She was knocked down and suffered severe head injuries. She was transported to the hospital in critical condition. She died of her injuries one day after being admitted. The driver stayed at the scene of the accident. The police have not made a decision yet as to charge him or not.  Read more in the NY Daily News

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police brutality signPolice misconduct lawsuits cost New York City $ 228.5 million last fiscal year according to the recently released Mayor’s Management Report. This amount accounts for a third of all city lawsuits.  As a comparison this number was $86.5 million in 2005.  In a recent article, the Gothamist explains that this staggering number is not related to recent cases but to older ones.  Some cases can take up to 10 years to reach a conclusion. For example cases of police brutality and mistreatment during the 2004 Republican National Convention cost the city half a billion dollars over the years and took 10 years to be resolved. Often one big profile case can also represent a big chunk of the yearly amount. During the last fiscal year, for example, the city paid $40 million for 5 men wrongly convicted for the murder of a taxi driver in the Bronx.

In an attempt to reduce this ballooning amount, the city comptroller Scott Stringer has launched ClaimStat, a new program to record and analyze lawsuits against the police. With ClaimStat, Stringer is trying to figure out what is the most advantageous for the city: settle or fight a lawsuit. The NYPD also created a legal unit to assist the NYC Corporation Counsel in investigating cases.

Recently complaints for police brutality in New York City have been globally declining. The Mayor’s Management Report indicates that during the last fiscal year there were 4,711 complaints to the Civilian Complaint Review Board and 2,933 lawsuits against the NYPD compared to respectively 5,700 and 3,600 in 2012.  However despite a decline in CCRB complaints the number of substantiated complaints increased significantly. From 315  during the 2014 fiscal year it jumped to 531 last year.

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NYC Construction accident injuries and fatalitiesConstruction accident injuries in New York are on the rise as the city is experiencing a boom in this industry. The de Blasio administration just released the Mayor’s Management Report that covers the fiscal year that goes from July 2015 to the end of June 2016. The report indicates that 526 construction workers were injured and 11 died in construction accidents in New York City during the last fiscal year compared to respectively 324 and 10 during the previous fiscal year. During the same periods of time the average number of employees in the construction industry in NYC went from 38,600 to 42,200. While the workforce on construction sites only increased by 9%, the number of injuries increased by 62%.  The number of fatalities increased by 10%.

These statistics only reflect accidents injuries and deaths that occurred after a violations of the city’s construction code. The real number of deaths that occurred on New York City construction sites during that time is 18 according to OSHA statistics (see previous blog). Therefore the real number of injuries related to accidents on NYC construction sites may be much higher than 526, not only because the city’s manner of reporting injuries is biased but also because  many injuries are simply not reported. Construction workers  are often pressured not to report injuries by greedy contractors who don’t want to see their insurance increase or be investigated by OSHA or the DOT inspectors.

To try to make NYC construction sites safer, de Blasio announced new safety measures at the beginning of the year. Among the measures, new inspectors have been hired to increase the number of sites inspections. Penalties for violations of safety standards increased from $2,400 to $10,000 and penalties for not having a supervisor on site from $5,000 to $25,000. Additionally after a giant crane crashed on pedestrians in lower Manhattan, the city ordered a special study to update the city’s crane regulations.

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