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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Train engineerThe Rail Safety Improvement Act of 2008 was passed by Congress 1 month after 25 people died in a train crash in L.A.  Investigators found that just before the accident, the train engineer who was texting on his cell phone missed a signal indicating that a freight train was ahead of him on the same track and that he shouldn’t have proceeded on this track.  The train crashed at full speed in the freight train killing 25 people and injuring many of the 300 passengers on board.  5 weeks after the accident, the Rail Safety Improvement Act of 2008 was passed by Congress, requiring that all trains be equipped with positive train control system by the end of 2015.

Positive Train Control is a basic crash avoidance system that monitors speed limits and track signals  electronically and signal to the engineer if something is wrong. If the engineer doesn’t respond to the signal, the Positive Train Control system automatically takes over and decrease the speed or stop the train.

The rail industry has been pushing hard to delay the upgrade and have been trying to push the end of 2015 deadline even further.  If the railroad industry had been more proactive and the system had been implemented immediately after the Rail Safety Improvement Act was passed, train accidents such as the Amtrak Accident (see previous blog) that happened two days ago and killed 7 people as well the Metro-North derailment that happened in New York in 2013 and killed 4 passengers could have been avoided.

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Domikick Deluca, a 25 year old construction worker, died after falling from scaffolding yesterday.  The young worker was doing facade work at the Butler Houses on Webster Ave in Claremont in the Bronx when he lost his footing and fell 15 feet . He landed on his head and was transported to the hospital unresponsive and with severe trauma. He was declared dead when he arrived at the hospital. This construction worker is the 8th person to die in a construction accident in New York City since the beginning of the year (see previous blog) .

Read more in the NY Daily News

 

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Amtrak AccidentAn Amtrak train heading from New York to Washington DC derailed yesterday night in Philadelphia. 6 people died and many the 243 passengers of suffered personal injury and were taken to the hospital. Among the people injured 6 of them were in critical condition. The Amtrak accident happened yesterday night around 9:30 close to Frankford Avenue and Wheatsheaf Lane near a bend in the track. One of the nation’s deadliest railroad accidents happened in the same spot on Labor Day 1943. A train carrying military service members on leave derailed killing 79 of them and injuring 117. The cause of yesterday’s train accident is still unknown. Speed as well deteriorating infrastructure and aging equipment are among the potential factors to be investigated. Former Congressman  Patrick J. Murphy was on board when the accident happened and tweeted the pictures on the left.
Read more about this train accident in the New York Times

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A Boltbus that departed from New York to go to Boston exploded on the Massachusetts Turnpike yesterday during rush hours.  The bus driver noticed smoke coming out of the bus, pulled over and immediately evacuated the 47 passengers with their belongings. Shortly after the bus exploded and caught fire. The recasons of the explosion are still being investigated.

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Two workers who were trying to remove an underground oil-tank from a backyard died after the tank exploded. One of the workers was sitting on the tank and was cutting into it with a saw when the explosion happened. The blast was so violent that his body was thrown 25 yards away into the woods. The other man who was standing  nearby was also killed. The accident happened last Thursday in the backyard of a home on Hillside Avenue in Hasting-On-Hudson. The two men killed were Mora Segundo, 50, and Luis Jacho, 52 from Ossining.  Investigators discovered that the tank contained gasoline instead of oil. Gasoline vapors that built up pressure over time are suspected to be the cause of the explosion. Read more here

 

 

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A woman suffered personal injury after being hit by debris in Manhattan. The woman was in front of a Zara store at 580 Broadway near Prince Street on Friday afternoon when debris fell from above onto her head and knocked her to the ground. According to witnesses, the woman was bleeding from her forehead but she remained conscious. She was taken to the hospital where she was treated for trauma.

Read more in DNA Info

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Truck-DriverIf a diabetic truck driver is suddenly impaired by an an episode of hypoglycemia he can potentially loose  control of his vehicle and crash. Hypoglycemia is a condition in which blood glucose drops to a dangerously low concentration and creates symptoms such as blurred vision, shaking, trembling, unclear thinking, fainting, seizure or coma. Too much insulin relative to the amount of glucose in the bloodstream can cause blood sugar levels to drop too low, resulting in hypoglycemia. Drivers with stable, well-controlled insulin-treated diabetes mellitus (ITDM) usually don’t suffer from these types of episodes and are not considered more dangerous than other drivers as long as their condition is well controlled. However current regulations prohibit truck drivers from operating interstate commercial vehicles unless they obtain an exemption from The FMCSA. The process of obtaining this exemption is costly and time consuming for the drivers and for the FMCSA administration.  A notice of proposed rule making would enable truck drivers with ITDM to obtain a Medical Examiner’s Certificate from a Medical Examiner at least annually in order to operate in Interstate Commerce if the Treating Clinician who is prescribing the insulin for the driver can provide documentation that the truck driver’s diabetic condition is stable and well controlled.

Read more in Trucking Info or read the  complete notice of proposed rulemaking

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NY Personal Injury Lawyers Rubinowitz and SaghirNew York Personal Injury Lawyer Ben Rubinowitz told the NY Daily News yesterday that the family of Marilyn Dershowitz, was “very pleased” with the verdict of Judge Sarah Netburn who ordered the government  to pay out a total of $4,646,548.15 to Dershowitz’s husband, Nathaniel. Rubinowitz said “they feel vindicated knowing Marilyn did nothing wrong and that indeed she was entirely free of fault” but while the money judgment is “a nice thing to have, they are very much aware it could never replace Marilyn. She was one of a kind. She was a tremendous woman. The loss is very real to them, every day of their lives.”

Marylin Dershowitz was riding her bicycle in downtown Manhattan with her husband when she was fatally struck by a  postal truck. Last month U.S. Magistrate Judge Sarah Netburn found the federal government 100% liable for the fatal accident in a 72 page Opinion (see our previous blog).

Also see article in the New York Law Journal

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A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding  including a possible tear of the left atrial wall (top left chamber) during use of the device.   The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

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NYC Fatal Personal Injury ChildrenPersonal Injury is the leading cause of death among children 1 to 12 years old in New York City and in the U.S. as well. Between 2003 and 2012 438 NYC children died from injuries according to a new report just published by the New York City Department of Health and Mental Hygiene.  These injuries were primarily related to motor vehicle accidents followed by fire related injuries, suffocation and falls. Most of the children who died after being involved in a traffic accidents were pedestrians.

Most injuries leading to death (65%) were unintentional.  Infants between 1 and 2 years old are the most at risk as well as non Hispanic black children of all ages and kids from very poor neighborhoods. Boys have a much higher risk of death from an unintentional injury than girls.

Death related to intentional injuries are more prevalent among infants, in poor neighborhoods. Non Hispanic black kids are the most at risk of dying from an intentional injury.

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