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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rubinowitz_torganIn their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: “In crafting the cross of a witness, the trial lawyer must look beyond the obvious. Instead of just focusing on what was said, the trial lawyer should explore that which was not said, but should have been said. These omissions and failures often lead to the most compelling arguments on summation. The problem is that most lawyers are fearful of the unknown.”

Download a pdf of the article

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Sunrise Highway and Francis LewisA 16 year old female pedestrian died in a car accident earlier during the night and police are still looking for the driver of a dollar van who struck her and sped away. The accident happened a little bit after midnight.  The teenage girl was trying to cross the 4 lane Sunrise Highway at the intersection of Francis Lewis Blvd in Rosedale (see picture from Google map on the left) when the van struck her. The driver didn’t stop and continued to head East on Sunrise Boulevard. The teenager was in cardiac arrest. She was rushed to the hospital but she couldn’t be saved.

A resident of the neighborhood who talked to CBS New York said that she crossed this intersection everyday and that she was almost hit a few times. She said speeding was frequent as well. Even when the light is in favor of  pedestrians the Boulevard is so wide that it is difficult to cross before the light changes.

 

 

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A NYC bus crashed in a snowstorm injuring more than 30 yesterday. The bus which had left New York in the morning was driving 55 passengers to the Mohegan Sun Casino.  Around half past noon, the bus was driving through a snowstorm on  Interstate 95 in Connecticut when it flipped over just beyond Exit 61. Ambulances were immediately dispatched to the scene and passengers injured were transported to several hospitals in the region. Among the injured passengers, 6 were listed in critical condition.

So far it is difficult to know if only the bad weather triggered the bus to flip on its side. The police are still investigating the cause of the accident. The highway was closed to the traffic for many hours.

The bus belongs to Dahlia Travel and Tour, a New York City based bus operator. Yeserday’s accident happened 13 years after a Dahlia bus on its way to Atlantic City crashed on the highway, killing two people and injuring many.

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deblasioAs the investigation continues into the causes of Friday’s fatal crane accident in Lower Manhattan, De Blasio announced new safety measures that took place yesterday.  The measures are temporary while a task force will draft long term safety measures over the next 90 days. One of the measures requires crawler cranes to stop operating and to go into safety mode when the wind forecast are for steady winds speeds of 20 miles per hour or higher or gusts of at least 30 mph. Before the rule was respectively 30 mph for steady winds and 40 mph for gusts of wind. Additionally cranes will have to be brought to safety the day before winds are forecasted  to be above the security level.  Pedestrian security will be enforced with the help of the Department of Buildings, Department of Transportation, NYPD, and FDNY anytime there will be a securing of a crane. Before that only construction workers were responsible to secure the site. Nearby residents will not only be informed about when a crane is installed but also when it is moved.

Read the transcript of the Press Conference

 

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Every month almost 100 auto accidents in New York City are caused by drivers who fell asleep or who are drowsy behind the wheel. According to a recent article in the Post, Uber drivers must work more than 19 hours every day to make ends meet. This situation is putting Uber passengers, pedestrians and other New York road users at the risk of dangerous accidents.

The Taxi and Limousine Commission regulation prohibits cabbies from driving more than 12 hours straight. However very few Uber driver seem to respect this rule. If they would they would simply not make enough money.

Limo Drivers were protesting last week at city airports against a cut of 15% of the fares that took place at the end of January. Uber may have simplified the life of many New York commuters but for cabbies and limo drivers conditions have only gotten worse. Those who owned yellow taxi medallions have seen the prices plummet with Uber competition and regular limo companies have lost many clients to Uber.  Limo drivers are making so little money on their fares these days that they are forced to work long hours.

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A construction worker suffered critical personal injury after being hit by a block of concrete that fell on his head. The accident happened at a building demolition site located at 317 Madison Ave between 42nd and 43rd street in Midtown Manhattan. The worker was on the 20th floor of the building when he was hit by falling debris.  The worker lost consciousness during the accident. He was transported to the hospital where he was listed in critical condition. It is not the first time that an accident happened on this specific demolition site. Last July two construction workers were injured in a ceiling collapse.

Read more in the NY Daily News

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A construction worker fell to his death in New York last Thursday. The 62 year old man was working on a construction site located on East 107th Street near Lexington in East Harlem New York. He was standing on a fire escape at the back of the building when the accident happened. Another worker who was standing on a nearby scaffold was passing some equipment to him when he lost his balance and fell six stories. The man wasn’t wearing any safety equipment. He died at the scene of the accident.   Falls are the number one cause of death in Construction in the US. Almost 300 construction workers are dying every year after falling on the job.

Read more in the NY Daily News

 

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A pedestrian died after being hit by a school bus Friday evening in Brooklyn, NYC.  The bus accident happened on Atlantic Avenue near Schenectady Avenue in Crown Heights. The bus driver was driving East on Atlantic Ave when he swerved to avoid another car. He jumped the curb and fatally hit a 50 year old woman. During the accident the bus also hit two light poles, a gas station and multiple parked cars. The police are investigating the cause of the accident.

Read more in the NY Daily News

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A recent accident at the New York Nuclear power plant Indian Point has nearby residents worried about their health and the safety of their water.  New York Governor Andrew Cuomo has ordered an investigation after a tritium-tainted water leak from the plant resulted in an increase of 65,000% of radioactivity in the ground. The New York nuclear plant is located in Buchanan, Westchester, 45 miles away from Manhattan in a densely populated area.  According to Entergy, the plant owner, the radiation hasn’t migrated off-site and doesn’t pose a safety threat.  However Governor Cuomo said in a statement that this last incident was unacceptable and that “This failure continues to demonstrate that Indian Point cannot continue to operate in a manner that is not protective of public health and the environment.”

Read more in the New York Times

Indian_Point

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crane collapse picA man died and four other people were injured in a crane collapse in New York around 8:30 this morning. The accident took place on Worth Street near Church Street. The accident occurred when a  massive construction  crane whose boom extended 565 feet high collapsed on a row of park cars.  The accident was caught on video by Glenn Zito, a construction worker  who was on the upper floors in a building across the street. Glenn and two of his colleagues had just been ordered to stop to work on the upper floors because the wind was too strong. He was on his way down when he capture the below video.

According to FDNY, 38 year old David Wichs had just exited from his car when the crane crashed on him and killed him. Mr. Wichs was an outstanding young man who immigrated from Czechoslovakia as a teenager, graduated from Harvard and worked in the financial industry. He lived with his wife in Manhattan on the upper west side. He was said by friends to be an extremely decent man.   Still in the car was 73 year old Thomas O’Brien who suffered head laceration but survived.  Another victim, 45 year old Dawn Kojima suffered leg injury and another person suffered minor injury after being hit by debris.

This morning the wind was blowing at more than 20 mph and it was snowing. The crew had suspended work and a decision was made to lower the crane to a more secure level. The accident happened as construction workers were lowering the crane’s boom in order to move it into a safe and secure position .