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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brNew York Personal Injury Lawyer Ben Rubinowitz who is representing Dana Lerner and Richard Stock in a wrongful death lawsuit against Koffi Komlani, the taxi driver who killed their son Cooper in a traffic accident, said to the New York Post that both parties were proprely served after the lawyers representing the cabbie tried to  use a technicality to dodge the lawsuit.

Copper was crossing the road with his dad at 97th Street and West End Avenue in the Upper West Side in January 2014 when he was fatally struck by the taxi driver who was making a left-hand turn. A witness took a video of Richard Stock trying to pick up his son just after he was run over by the taxi. This video will be included in the lawsuit. “[Richard Stock] is screaming at the top of his lungs. There could never be anything worse for a father,” said Ben Rubinowitz.

Because of insurance caps, Cooper parents do no expect to receive more than $50,000 but they want to pursue a wrongful death lawsuit to hold the cab driver accountable for his recklessness.

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The Borough Pedestrian Safety Action Plans are one of 63 Vision Zero initiatives designed to eliminate deaths and personal injuries from traffic accidents in New York City. This set of five plans have been developed by the New York Department of Transportation and the NYPD. Each safety action plan addresses specific borough related challenges to pedestrian safety. The action plans are based on the input of the borough inhabitants gathered during multiple community workshops and also from numerous data and comments collected on the interactive Zero Vision map.

Bronx Pedestrian Safety Action Plan

Bronx Pedestrian Safety MapThe Bronx pedestrian fatality rate is higher than the NYC average. Most traffic fatalities and personal injuries happen  in the high-density neighborhoods in the north- and south-westerly portions of the Bronx. Arterial streets such as The Grand Concourse, 3rd Avenue, and Fordham Road are the most dangerous.  A lot of pedestrians are killed when crossing the street mid- block because of the lack of an adequate number of crossroads. The Bronx has a lot of overnight pedestrian fatalities. Seniors represent 36% of the Bronx pedestrian fatalities and young adults 18%. Dangerous driving such as speeding, failing to yield, turning on red distracted driving and DUI are the cause of 85% of the pedestrian fatalities in the Bronx and hit and run occurs in 30 % of cases.

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New York Wrongful Death Lawyer Howard HershenhornOur partner New York Personal Injury Lawyer Howard Hershenhorn commented on the recent pictures that 28 year old Dominique Sharpton posted on Instagram and told the New York Daily News that “Her gallivanting around in high heels and climbing a mountain in Bali drastically diminish the value of her case because it clearly shows that her injuries are not severe, and as a result, she will not be paid or awarded any substantial amount of money by any rational jury”. The daughter of Reverend Sharpton who sued the city for $5 million after injuring her ankle in Soho recently posted pictures of herself climbing mountains in Indonesia. She has also been pictured in high heels at a hippie party and climbing the dicey terrain of Red Rock Canyon in Nevada.

Read more in the NY Daily News

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airbag1aOne in seven vehicles on American roads may have defective airbags that can potentially severely injured or even killed passengers as they violently deployed and send shrapnel flying into the car passenger’s compartment. Yesterday after more than 10 years of denial, Takata admitted that his products were defective and agreed to double the number of vehicles recalled in the Unites States to nearly 34 millions.

When a crash happens, pellets of a propellant based on ammonia nitrate are ignited and generate the nitrogen gas that inflates the airbag in a fraction of a second.  Takata said manufacturing problems, together with exposure to moisture in cars in humid regions, can cause the propellant to degrade. This can make the propellant burn too strongly when the airbag is deployed, rupturing the inflater and sending metal fragments into the car’s interior and injuring the driver or passengers.

Read more in the New York Times

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Greta GreeneA 2 year old girl who suffered severe personal injury yesterday after being hit by falling debris, died Today at the hospital. Greta Greene (facebook picture on the left) was sitting outside with her grand mother when they were both struck by terra-cotta bricks from a window ledge that fell from the 8th floor of  the Esplanade Manhattan nursing home at 305 West End Ave in Manhattan.

The toddler lost consciousness and nurses from the nursing home tried to resuscitate her. Her grandmother, 60 year old Susan Frierson, suffered severe leg injuries. They were both transported to the hospital where Greta passed away Today.

A protective scaffolding was erected last night on orders on the Department Of Buildings. The DOB is investigating what caused the ledge to fall. It also issued a violation to the Esplanade Manhattan nursing home for failure to maintain a property in a safe and compliant manner.

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AmbulanceAn 83 year old New Yorker was crossing the street in the middle of the block after parking his car when he was fatally struck by a car. The accident happened in front of his house on 103rd Ave in Queens, NYC. A little after 10;30 pm,m, 83 year old Nfn Locknauth had just parked his car and was crossing the street to go to his house when he was struck by a car. The elderly man was trapped under the car’s front right tires and dragged down the street for half a block. He was pronounced dead when he arrived at the hospital. Read more in the NY Daily News.

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In December 2013 4 people died and 70 others suffered personal injury in a Metro North train accident in New York. The National Transportation Board Investigation found that William Rockefeller the engineer who was operating the train had undiagnosed sleep apnea and nodded off  just before taking a 30 mph curve at 82 mph, causing the train to derail. Yesterday the office of Bronx DA Robert Johnson said that Rockefeller will not face criminal charges.  Read more here

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Rail Road curve amtrak accident locationPreliminary data show that the Amtrak train crash that killed 7 people and injured more than 200 others was related to speeding.

The train was traveling at a speed of 106 miles per hour just before the curve (see picture) while it should have been traveling at 50 mph. The train engineer, 32 year old Brandon Bostian from Queens, NYC, applied the emergency breaks “just moments’ before the train derailed.

The engineer didn’t provide much information to the police and his lawyer said he has no explanation for the crash.

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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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