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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The NYPD Motor Vehicle Collision Data report for the month of July is a blow to the various Vision Zero Initiatives that have been deployed since the beginning of the year to reduce traffic deaths. The initiatives that have been mainly focusing on pedestrian fatalities didn’t seem to have been very effective this summer with the number of pedestrian fatalities more than doubling from 7 to 15 between June and July. 11 cyclists also died since the beginning of the year, almost twice more than in 2013 when 6 cyclists lost their lives during the first 7 months of the year.

Even though the total number of vehicle crashes in NYC was lower last July (17,361) compared to the same month in 2013 (17,548) and compared to the previous month (18,321), the total number of vehicle accidents since the beginning of the year is slightly higher than last year with a total of 118,195 crashes compared to 117,022 for the first seven months of 2013.

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4591 people suffered personal injuries during a vehicle collision in NYC during the month of July, a decrease compared to 4950 in June and 5077 in July 2013. Personal injuries related to vehicle crashes are also down by 7% for the first 7 months of 2014 compared to the first 7 months of 2013 with motorists injuries down by 9%, passengers injuries down by 6%, cyclist injuries down by 3.5% and pedestrian injuries down by 7%.

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Potential medical malpractice during a routine procedure for her vocal cords may have lead to the death of Joan Rivers earlier Today. A few days ago we wrote that the 81 year old comedian and TV personality had to be rushed to Mount Sinai Hospital in New York after she stopped breathing during vocal cord surgery (see previous blog). After doctors at Mount Sinai tried unsuccessfully to bring her out of her coma, her daughter Melissa gave the go-ahead to remove her mother from life support Today. RIP Joan Rivers. New York state health officials are investigating the outpatient clinic where Joan Rivers underwent the endoscopic procedure before she stopped breathing last week. It will be interesting to learn the role anesthesia played in leading to her respiratory distress and cardiac arrest. She was a ground breaker and will be missed.
Read more in the Daily Beast

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ben%20small.jpgIn their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write: Our first article on the topic of secretly taping so-called “independent medical examinations” was met with wide criticism by certain members of the defense bar. However, if we are to achieve fairness in the adversarial process, and if trials are to remain reliable means of discovering the truth, then both sides must be permitted to use covert video surveillance where appropriate.

Read more in the New York Law Journal

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To reduce the number of injuries and fatalities related to truck accidents the Federal Motor Carrier Safety Administration (FMCSA) started to study the possible unintended safety consequences of the various methods by which truck drivers are compensated.

The agency issued a Notice and request for comments that can be downloaded here.

Truck drivers are usually paid by the mile and are usually not paid for time waiting to load and unload. This type of compensation may push drivers to unsafe practices in order to make a living.

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As bicycling in New York became more and more popular and was recognized as a serious mode of transportation, the Bloomberg administration focused on preventing bicycle accidents and increasing cyclist safety by developing a bigger bike network and safer street designs. Bicycling was also encouraged with the development of the Citi Bike program. What bicyclists are seeing in the streets of New York now are all the results of the projects developed when Janette Sadki-Khan was at the head of the DOT during the Bloomberg administration. The projects developed by the de Blasio administration will start to be implemented this fall but the final results will be seen next spring. In a series of 5 articles that started to be published Today in Street Blog, former New York City Department of Transportation Policy Director, Jon Orcutt provides an overview of what New York cyclists can expect under the de Blasio administration.

Read the first article here

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A 16 year football player from Curtis High School in Long Island, NYC, died after he collapsed on the field during practice. Miles Kirkland-Thomas was a 6.2 feet and 321 pounds defensive tackle. He showed up late at practice and was ordered to do wind springs. He was stopped by coaches after completing two springs. Miles collapsed as he was talking to one of his coaches. The temperature was around 80 degrees with high humidity.

His father told the media that because Monday was a Holiday, there was no bus service to go to practice and because Miles was running late he probably ran up a steep hill that leads to the school. The Department of Education is investigating the death of the young man. More will be known after the autopsy Today.

Read more in the New York Daily News.

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A blue ribbon panel of transportation experts that was created after the deadly Metro North train Accident in New York to study safety and maintenance practices at MTA’s three railroad operations (Metro-North Railroad, the Long Island Rail Road (LIRR) and New York City Transit) released its recommendations yesterday.

Rail conditions are a main concern at all three railroad operations and the panel recommends that the MTA implement a data system that would allow not only the monitoring of all track elements through their life cycle but also the integration of inspection data. The panel also proposed creating a confidential close-call reporting system for the Metro-North and the LIRR.

The panel also recommends improving the safety culture within Metro-North and to adjust schedules to allow more time for track maintenance and repair.

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The number of pedestrian and bicycle accidents at Fordham Plaza should decrease significantly by next fall as Bronx Borough President Ruben Diaz Jr. and Department of Transportation Commissioner Polly Trottenberg joined community leaders yesterday to break ground on a plan to completely redesign Fordham Plaza.

Fordham Plaza is one of the busiest transit hubs in the city with the third busiest Metro North Station, 12 bus lines and two schools serving thousands of students. According to the DOT the foot traffic at Fordham Plaza is equivalent to the foot traffic at Herald Square or Penn Station with approximately 80,000 pedestrians over 12 hours. The actual configuration of the Plaza has caused hundreds of pedestrians and cyclists to be injured in traffic accidents over the years. The intersection between Fordham Road and Webster Ave is considered the third most dangerous intersection in the city.

To transform Fordham Plaza into a safe and vibrant place, the NYCDOT and the Economic Development Coprporation have developed plans (see pdf) for a major redesign that includes large public spaces, numerous safety improvements for pedestrians and a bike only street.

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Famous comedian Joan Rivers suffered a cardiac and respiratory arrest while she was undergoing an operation for a vocal cord at a clinic located at 201 E. 93rd St in the Upper East Side of Manhattan. She was rushed to Mount Sinai Hospital. According to the comedian’s assistant Joan Rivers was not conscious but was stable. The latest news is that she is now resting comfortably.
Read more in the NY Daily News

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A toddler died of his injury in a Bronx day care after 40 year old Athena Skeeter, a child care professional licensed by the state “wrestled” with the boy. The woman was recommended by the city to the father to take care of his baby boy even though she was cited 3 times for lack of CPR and first-aid training (read more in the New York Daily News). She was licensed to run a family based day care for up to 7 children in her Bronx home.

The woman explained to the police that she flipped the boy onto a bed, lifted him by an arm and a leg and threw him onto the floor. She then stepped on his stomach 3 times. She was charged with manslaughter and endangering the welfare of a child in the death of Cardel Williamson, who suffered blunt force trauma to the head and torso, authorities said.

Read more on NBC News New York and see video below.

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