New York Personal Injury Attorneys BlogThe following video is a demonstration of an opening statement in a wrongful death case. The plaintiff was represented at trial by our managing partner New York Personal Injury Lawyer Ben Rubinowitz. The case involved the death of a little girl who was a passenger in a car being driven by her father. She was killed as a result of the combined negligence of a truck driver and the carelessness of the City of New York. The case was significant in that the little girl’s father was in the”zone of danger” when he witnessed the death of his daughter. The jury returned a substantial multi-million dollar verdict in the case finding both the truck driver and the City at fault.
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A MTA report that just came out indicates that the bus accident that killed a 64 pedestrian in the Bronx last october was preventable
A MTA report on a NYC fatal bus accident that happened last October indicates that the accident was preventable and that the actions of the bus driver were the most probable cause of the accident. The report indicates that the bus driver, 64 year old Theresa Gallager, was driving North on Willis Avenue in the Bronx at 1:40 am and turning left with a green light onto E. 147th Street when she hit 64 year old John Lavery who was crossing 147th Street in the crosswalk with the right of way. MTA drivers are supposed to take turns at a speed of 5 mph. Gallager was driving at a speed of 11 to 15 miles-per-hour when she turned. If she had followed MTA guidelines and driven slower, the death of John Lavery may have been prevented. Many of the frequent accidents involving pedestrians being hit by buses are the result of drivers who work long hours, are frustrated by the NYC traffic congestion and drive aggressively feeling they always have the right of way and it is the pedestrian’s obligation to get out of the way.
Gallager was the first of six bus drivers that have been arrested under the city’s Right of Way law, which makes it a misdemeanor to fail to yield to pedestrians and cyclists. In an article in the Post Theresa Gallager’s lawyer and the bus driver’s union blame a broken street lamp for the accident but according to the Gothamist, the report clearly indicates that the bus driver was responsible for the accident.
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A pedestrian using a walker died in the middle of the street after being struck by a hit and run private garbage truck in Bushwick, Brooklyn, NYC
A 46 year old mother suffering from multiple sclerosis was fatally struck by a garbage truck in New York City as she was trying to cross the street with her walker. Last Thursday around 10:30 pm, Alberta Bagu who was using a walker was crossing Broadway mid block between Ditmars Street and Willoughby Avenue in Bushwick , Brooklyn, when a private garbage truck hit her. The truck driver continued on his way without stopping. Later on the police were able to identify the truck and talk to the driver. The driver told the police that he didn’t realize that he struck a pedestrian. Alberta Bagu was found dead at the scene of the accident. Read more in New York CBS Local. NYC is becoming a dangerous place for pedestrians.
Another pedestrian died a day earlier in Brooklyn as well after she was struck by a driver who lost control of the car while she was making a turn (see NY Daily News).
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Thankfully nobody was injured in a manhole explosion that happened Today in Manhattan
A manhole explosion sent fire and black smoke in the air this morning around 9:30 on 37th Street between Seven and Eighth Ave in Manhattan, NYC. The explosion caused several buildings nearby to loose power for some time. One building was reported to have no power for at least 8 hours. It took several hours for the firefighters to stop the fire that was coming out of the manhole. Manhole explosions often happen when the rain brings down the salt from the winter into frayed wire or when rats gnawed at the wire. An investigation is ongoing to determine the cause of this specific explosion. read more on NBC New York.
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A pedestrian suffered serious personal injury after being hit by a double-decker tour bus in Greewich Village, New York
A 50 year old pedestrian was seriously injured after being hit by a bus in Manhattan. 50 year old Devan Snipner was in the crosswalk when he was struck by a double-decker sightseeing tour bus making a left turn from West 4th Street onto 6th Ave. According to witnesses, one of the pedestrian’s legs got crushed under the bus. Snipner was transported to the hospital in critical condition. According to the Gothamist he is now in stable condition. The driver stayed at the scene and so far hasn’t been charged. The police are still investigating the cause of the accident.
Picture courtesy of Google Map: the pedestrian was crossing on 6th Ave when the bus coming from West 4th made a left turn and hit him
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Speeding is to blame in a New York car accident that killed a mother and her daughter and serioulsy injured her other daughter and both grandparents
A speeding SUV driver is responsible for the death of 42 year old Susana Ha and her 10 year old daughter Angelica Ung in a crash between two cars that happened last Wednesday on 210th St. in Queens, NYC according to a police source. Susanna Ha was riding with her two young daughters in the back seat and her mother was in the passenger seat of a car driven by her dad when the driver of a speeding SUV who was travelling in the opposite direction veered to the left, crossed the double yellow line and hit their car. The accident took place in a 15 mph school zone with a speed bump in the middle of the street.
The mother and the youngest daughter were killed in the accident while the other daughter was in critical condition. The 67 year old grandmother was seriously injured while the 74 year old grandfather who was driving the car was in stable condition. The 46 year old driver of the SUV was also injured and in stable condition. To date no criminal charges have been filed. Based on photos of the front end of the SUV and video it had to have been going well above the speed limit.
Read more in the NY Daily News
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Thankfully nobody was seriously injured in a car accident during which a 90 year old driver crashed into a clothing store in Queens, NYC
A 90 year old woman lost control of her car and crashed into the front window of the Aeropostale clothing store of the Bay Terrace shopping Center on Bell Blvd in Queens, NY. The accident happened on Sunday afternoon around 4 p.m. The driver who pressed the gas pedal by mistake, drove through the shop front window and ended up next to the cash register. A 39 year old worker suffered minor personal injury from falling glass and the elderly driver reported pain in her left arm. Read more in the NY Daily News
In New York State, the Department of Motor Vehicles does’t remove driving privileges based on age but an elderly driver may be requested to pass a re-evaluation program. New York State Vehicle & Traffic Law Section 506 (1) states that: “If the Commissioner has “reasonable grounds” to believe that a person holding a license is not qualified to drive a motor vehicle, the Commissioner may require such person to submit to an examination to determine their qualifications.”
If you have an elderly parent or close relative who you feel no longer has the ability to drive safely it is incumbent on you to discuss with them your concerns. This is a very difficult discussion to have since giving up one’s driving privileges makes one feel a loss of independence. Such a discussion must be in a reasoned manner. For an excellent article on having this discussion see “How to Talk to Elderly Adults About Giving up the Keys” by Constance (Connie) Matthiessen in caring.com.
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3 members of a family who were left paralyzed after being poisoned by a banned pesticide while staying at a luxury resort in the Virgin Islands may never recover
The health condition of a family who suffered serious personal injury after being exposed to a banned pesticide while vacationing in a St-John luxury resort, last March, will most probably not improve, Governor Kenneth Mapp said last week in a status update. 49 year old Steve Esmond, his wife Theresa Devine, 48 and their two sons Sean, 16, and Ryan, 14, suffered seizures and never recovered fully after they were exposed to methyl bromide while staying at their Sirenusa Villa in St-John. As of Today, the dad suffers from severe paralysis and must be strapped even to sit, the oldest son remains paralyzed from the neck down and the youngest one is in and out of coma with no sensation in his limbs and no control of his body. Only the mother seems to be recovering and is doing rehab. The accident happened after Terminix , the company hired by the resort for pest control, used a pesticide identified as Meth-O-Gas to fumigate a condo adjacent to the family’s villa. Meth-O-Gas contains methyl bromide, a very dangerous pesticide whose indoor use is illegal on US territory. Read more in The Virgin Islands Consortium
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A pedestrian who was trying to cross the Bruckner Expressway in the Bronx, NYC, died after being hit by a car
A 29 year old male pedestrian died in a car accident in New York City last Saturday night. For some unclear reason instead of using the nearby pedestrian overpass, Caje Dawkins decided to walk across the Bruckner Express Way near Stratford Ave, half a mile from where he lived. As he was trying to cross the busy highway he was struck by a SUV . The driver of the SUV stayed at the scene of the accident. Read more in the New York Daily News
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A 32 year old woman died and three other people suffered personal injury in a motorcycle accident on the Queensboro Bridge in New York City
An impaired motorcycle driver caused an accident that killed a 32 year old woman last Saturday around 3:20 am near the 60th street exit ramp of the Ed Koch-Queensboro Bridge. Tasha Rodriguez was a passenger on a motorcycle driven by a 30 year old friend when another of their friends, 28 year old Jeremy Perez who was riding behind them on another bike rear-ended them. Rodriguez fell off the bike and was ran over by Perez. She died in the accident. Both motorcycle drivers as well as the 21 year old passenger of Perez suffered personal injury. Perez was arrested and charged for driving while impaired. Witnesses said that just before the fatal NY motorcycle accident happened they saw five motorcycles driving at high speed and weaving in and out of traffic. Read more in the NY Daily News . Motorcycle riders must understand and respect the fact that motorcycles are powerful machines, not toys and the rider and passenger are totally unprotected. It goes without saying that one should never ride while impaired. Further riders should never ride bikes above their experience levels.
