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 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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printing houseA construction worker died after a scaffolding plank fell on his head at a New York construction site. 32 year old Luis Mata, was dismantling scaffolding at the Printing House Luxury Condos on Hudson Street when one of the planks became loose and fell 10 stories on his head. The construction worker was wearing a hard hat but the impact was so strong that he suffered severe head and neck injuries. He later died from his injuries at the hospital. Luis Mata was a non union worker from Mexico. He was living with his uncle in Westchester County. He was supporting his mom in Mexico.

Unfortunately we are seeing an increasing number of construction site accidents on non union jobs, as a result of contractors not implementing proper safety measures.

Following the accident, the NYC Department of Building issued a partial stop work order on the building. DOB records for the building located at 421 Hudson Street show that at the time of the fatal accident, the building had 6 open ECB violations including two class 2 and two class 1 violations  as well as 8 DOB violations.

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KingsbrookA hard hat worker suffered critical injury in a NYC construction accident yesterday. A construction truck hit a suspended cable line causing a pole to fall, knocking down the construction worker into a 15 foot trench. The accident happened at the corner of East 49th Street and Rutland Road in Brownsville, next to the Kingsbrook Jewish Medical Center.

When Brian Yokers, one the ER doctors at the Kingsbrook Jewish Medical Center, heard about a worker in cardiac arrest at the construction site next to the hospital he ran out to the construction site and followed the crowd to the trench. The worker was still breathing when he arrived. He stepped down the ladder into the trench to help the worker.  He held his head stable to prevent a spinal cord injury until the FDNY arrived with a neck brace. The worker was then placed on a backboard and hoisted out of the trench. He was then transported to the Kings County Hospital.

Kudos to Brian Yokers!

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bicycle truck accidentA bicyclist died after being struck by a tractor-trailer truck in Brooklyn, NYC, on Wednesday morning around 9:00 am. The accident occurred at the intersection of Sterling Place and 6th Ave in Park Slope in an area where tractor-trailers are not authorized to drive except if they have a special permit. In NYC, tractor-trailers can only drive on designated truck roads but according to local residents it is common to see big rigs driving on 6th Avenue especially since the Atlantic Yards has been developed.(see video below). The NYPD doesn’t seem to really care about this issue as so far since the beginning of the year no tickets for truck route violations have been issued by the 78th precinct where the accident happened. Instead of admitting that the truck wasn’t supposed to be driving in a narrow residential avenue, the NYPD blamed the bicyclist for his own death.

In a first statement the police implied that the cyclist was at fault and hit the rear wheel as he was trying to grab the side of the truck to hitch a ride. In a second statement the NYPD changed its version and said that the bicyclist was pulled under the wheel of the truck by a wind force. For this to happen, the truck would have to have been driving at a speed that would likely be impossible to reach on this narrow Brooklyn Ave.  It seems pretty obvious to us hat the big rig wasn’t supposed to drive in the residential area and that he recklessly passed the bicyclist too close. Additionally, witnesses reported that he was driving with headphones on.

Read more in the Gothamist

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Presbyterian The New York Presbyterian Hospital / Weill Cornell Medical Center recently settled a 2.2 million lawsuit with the Department of Health and Human Services, Office for Civil Rights (OCR) for allowing a TV crew to film two patients without their consent (see press release).

In 2011 Mark Chanko was hit by a garbage truck and rushed to the New York Presbyterian Emergency Room. He was critically injured and doctors were unable to save his life. A crew of “NY Med”, a reality show featuring DR Oz, was shooting in the Emergency Room when Mark Chanko arrived. The crew filmed nurses and doctors taking care of Mark Chanko as he was dying. The crew recorded footage of Chanko asking about his wife and also doctors comments about the dying patient. When the show was aired a year later on ABC the face of the patient was blurred and his voice was muffled.  Mark Chanko’s wife, Anita saw the show and recognized her husband despite the blur on his face and the changes in his voice. Anita Chanko was in  shock. She heard her husband ask the doctors “Does my wife know I’m here?’ and then she saw him dying before her eyes.

Intimate moments like this one as well as any disclosure about a patient’s health are supposed to be shared only with the patient and designated family members under a federal patient privacy law known as HIPPA which stands for Health Insurance Portability and Accountability Act. Under this law, media are not authorized access to patients health information without the patients consent. Anita or any other members of her family were never asked by the hospital or the TV crew if it was OK to film her husband (see previous article in the New York Times). Her son, Kenneth Chanko also filed a lawsuit against the hospital and ABC.

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In New York  City’s heavy traffic, bicyclists who are commuting to work are facing the risk of being injured or dying in a bicycle accident. As part of the Vision Zero initiative, Mayor Bill de Blasio wants to make New York City a friendly city for bike commuters. Protected bike lanes have proven to be one of the best ways to protect bicyclist from injury or death by negligent car drivers. Unlike regular bike lanes, that are often blocked by cars, protected bike lanes physically separate car traffic and bicycles with concrete, trees or parking lanes.

In 2016 the DOT will implement 15 miles of these types of bike lanes in the City. Last year 12 miles were added. Among this year’s projects, the DOT has work planned and in progress in the following areas of the city’s five boroughs:

  • In the Bronx: using excess roadway space on the accident prone area of Bruckner Boulevard between Hunts Point and Longwood Ave to create a protected bike lane (read more on Streetblog and download DOT PDF here )Protected bike lane Bruckner Blvd
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