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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To prevent truck accidents and keep the roads safe between Mexico and the US, Congress prohibited the FMCSA to allow long-haul cross-border transportation of cargo and passengers between Mexico and the USA – as provided for in the NAFTA agreement in 1992 – until certain safety requirements were met and a pilot program for granting long-haul authority to Mexico-domiciled motor carriers has evaluated the potential impact on safety.

The pilot program was recently completed by the FMCSA. A recent audit of this pilot program by the Office of Inspector General found that even though the pilot was well run and followed all necessary steps and conditions, it lacked an adequate number of Mexico-domiciled carriers to yield statistically valid findings.

The complete audit report can be downloaded here

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Fewer people died or were injured in traffic accidents in 2013 than in 2012 according to the Fatality Analysis Reporting System (FARS) recently released by the The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). Over the last 50 years the number of traffic fatality has been on a decreasing trend. With 1.10 deaths per 100 million vehicle miles traveled in 2013 compared to 1.4 in 2012, the fatality rate is at its lowest historical level: its gradual decline over the years indicates that road safety improved over the years.

Fore more detailed information please dowload the report here.

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When child protective services investigators are facing an obvious case of child abuse or child neglect and the child is facing immediate danger, they will immediately take the child into protective supervision. However in many cases evidence is not always obvious but the investigator believes that for the child security it would be prudent to have him temporarily removed or for certain changes in the household to take place. Toward that end, the investigator may try to influence, encourage, or persuade the caregiver to take certain actions for the child’s betterment. If that influence, encouragement, and persuasion crosses the line into coercion has the investigator behaved unethically or illegally?

In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City looks at specific cases for which cohersion by child services inspectors may be acceptable and sometimes necessary to protect a child from neglect and abuse.

Download complete article

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Ben%20Rubinowitz.jpgIn their most recent column on Trial Advocacy, New York Personal Injury Attorneys Ben Rubinowitz, and Evan Torgan write about the appropriate technique for cross-examining the mistaken witness. While many lawyers attack the mistaken witness and the lying witness with a “one-size-fits-all” approach, this ineffective approach could well lead to an adverse verdict. In the article, Rubinowitz and Torgan suggest effective approaches to attack such a witness and to create winning arguments for summation.
For more than 14 years Ben Rubinowitz and Evan Torgan have been featured in the New York Law Journal as Experts in their field which include Catastrophic Personal Injury and Medical Malpractice Cases.
Read the complete article in the New York Law Journal

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A New York nursing home resident died after he was presumably abused by an aid at the beginning of this month. Franck Mercado, a visually impaired resident from University Nursing Home at 2505 Grand Ave. in the Bronx, was beaten by 41 year old Cherrylee Young and he fell on a table and broke it. A piece of the broken table pierced the nursing home resident’s rectum.He suffered from internal bleeding and after his condition deteriorated he was transported to Montefiore Medical Center where he died from his injury. The Nurse aid was charged with negligent homicide in the death of Franck Mercado.

Read more in the NY Daily News

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peter_saghir.gifThe Partners of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are pleased to announce that Peter J. Saghir has been named a Partner of the firm.

Over the past 10 years, Peter has vigorously prosecuted all types of personal injury cases, in particular medical malpractice and motor vehicle cases. His skill and efforts have led to numerous multi-million dollar verdicts and settlements. This year, Peter was instrumental in obtaining two settlements over six million dollars. In April, he also served as co-counsel to lead trial attorney Ben B. Rubinowitz in obtaining a multi-million dollar verdict for a bicyclist who suffered degloving injuries to her leg after she was struck and dragged by a bus.

Peter joined the firm upon graduating cum laude from Brooklyn Law School in 2004. He has been selected to New York Super Lawyers Rising Stars list for 2013 and 2014.

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Daniel%2BPollack-1.jpgThere are no uniform data at the national level that provide us with a global picture of the prevalence and incidence of abuse and maltreatment of people who are severely disabled. We know these numbers are high. We also know that perpetrators are often the people closest to the disabled person such as guardians, caregivers, neighbors or acquaintances, family members, healthcare providers or other residents.
In a recent article, Daniel Pollack, MSSA (MSW), JD and professor at the School of Social Work of Yeshiva University, examines the reasons why it is so difficult to quantify these abuses at a national level and what can be done to better protect people with profound disability.
Download a PDF of the complete article

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Truck inspections before and after a trip are an important step in preventing potential truck accidents linked to defective or not properly maintained trucks. However the truck industry has been complaining about the paperwork burden created by these reports. Therefore in response to the Obama Administration’s call for federal agencies to reduce bureaucratic red tape, truck drivers will no longer have to file a report if there are no defects found during the inspections. The new rule is expected to be published by the FMCSA on December 18th. Most trucking associations are in favor of the rule because it will save time and money but not everybody agrees with them. The Advocates for Highway and Auto Safety and the National Transportation Safety Board believe that the no-defect report promotes good maintenance practices.

Read more in Truckinginfo

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In a city like New York where traffic is dense, using a cellphone while riding a bicycle can have catastrophic consequences. After witnessing a distracted cyclist almost causing a multi-car accident because he was texting while riding his bike, Councilman Mark Treyger did some legal research and was surprised to learn that in New York there is no law prohibiting cycling and texting or cycling and calling. Therefore he decided to introduce a new bill that would ban cellphone use while bicycling and punish first time offenders with a safety class.

The NYPD says that the law isn’t really necessary. They have already issued 423 tickets this year for distracted bicycling compared to 213 last year.Bike advocates are not in favor of the new bill either. They argue that it would take police resources away from fighting other more dangerous behavior in the streets of New York.

Read more in AM NY

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