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 risk of being involved in a bicycle accident on the Jay Street bike lane in Brooklyn is higher than on most bike lanes in New York City. Last year the bike lane was voted scariest bike lane in Brooklyn by the readers of the Brooklyn Paper.

Yesterday night Transportation Alternatives organized a brainstorming session to find solutions to protect bicyclists from potential accidents. Among the proposals the idea to physically separate the bike lane from the road was the most successful. Other ideas included better road markings, pedestrian overpass and outright parking bans.

Read more in the Brooklyn Paper

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A car crashed into a store in the Bronx injuring 8 people. According to a witness it seems like the driver who was parked in front of the store hit the gas pedal instead of the break.

Read more on ABC New York News


Photo: Tony Aiello

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A pedestrian was killed and another one suffered severe personal injury in two separate car accidents.
64 year old Kumar Ragunath was crossing Northern Blvd at 40th Road on Saturday night when he was struck by a SUV driver as he was crossing out of the crosswalk. The driver didn’t stop and the pedestrian died at the hospital shortly after the accident. The police are looking for a dark colored Chevy Blazer. Read more in DNA Info New York.

In an another accident a pedestrian who was crossing Rockaway Parkway was struck by a SUV driver who was trying to pass a vehicle making a left turn. Read more in the New York Daily News

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Ariel Russo was killed in a car accident last June as she was walking to school with her grandmother. The two pedestrians were on Amsterdam Ave at 97th street when a 17 year old driver with a learners permit jumped the curb and hit the young girl causing her death. The young man was charged with manslaughter. Today Ariel would have been 5 years old. In her memory the city renamed west 97th Street between Amsterdam Ave and Broadway “Ariel Russo’s Place”.

Read more in CBS New York

 

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Just a few months after a Metro North train accident killed 4 and inured more than 70 people, a Metro North worker who was standing outside of the approved work zone was hit by a train on Monday morning. The worker,a 58 year old man from Yonkers was pronounced dead when he arrived at the hospital.

Read more in the Lohud

The viaduct where the worker was hit by the train, Photo by Joe Larese for The Journal

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An accident between a school bus and a taxi severely injured the taxi driver and sent the bus driver and several other kids to the hospital today in Bedford-Stuyvesant, Brooklyn, NY. The collision was so hard that the bus toppled over onto its side. The bus was transporting nine students when the accident happened.
Read more in the New York Daily News

 

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Ventricular_assist_device.png4 patients died and 5 others suffered significant personal injury after Thoratec, a heart device manufacturer launched an updated version of a left ventricular assist device (LVAD), the HeartMate II LVAS, without providing sufficient information and training to patients and caregivers especially those who were originally trained on the older model.
The manufacturer issued a worldwide Urgent Medical Device Correction Letter to update its labeling and training material regarding the use of the HeartMate II® LVAS Pocket System Controller. The FDA issued a safety alert urging patients who are using the HeartMate II LVAS Pocket Controller to immediately contact their doctor for retraining and receive updated information on how to properly use the pump.

Read more in MarketWatch

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To reduce the number of truck accidents on American roads by keeping unsafe trucking companies off the road, the Federal Motor Carrier Safety Administration (FMCSA) launched in 2010 a program called CSA which stands for Compliance, Safety, Accountability.

The FMCSA has not fully implemented this program yet and was previously criticized by the Government Accountability Office and by the American Trucking Association for being too lax (see previous blog) about it. A recent audit by the Office of Inspector General which was made public at the end of last week reinforces these concerns.

According to the audit, the quality of the data received by the States is improving but only half of the commercial carriers have provided this data. Adding to that the FMCSA has not yet implemented a data correction process to make sure the information received is accurate and correct it if necessary. In regards to the implementation of CSA at State level, only 10 States have fully implemented CSA enforcement intervention process. THE FMCSA is unable to provide a deadline as to when the program will be fully implemented in the 41 other States. The audit also reveals that the FMCSA is not adhering to Information technology best practices and Federal Guidance in regards to its safety measurement system.

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Chris%20Sallay%20and%20Tony%20Gair.pngOur Partners, Chris Sallay and Anthony Gair settled a New York County elevator accident case for $1,725,000 on behalf of a 64 year old woman. The plaintiff was a passenger in an elevator car traveling at 1000 feet per minute when it came to a sudden, abrupt stop causing her to sustain a severe fracture of her left ankle for which she has had multiple surgical procedures and which has left her with significant disability as a result.

Defendant Elevator Corporation was the sole entity responsible for the safe maintenance, service, operation and repair of the subject elevator. They had a resident elevator mechanic assigned to the subject building on a full–time basis whose duty it was to inspect service and maintain the elevators and their parts in a safe condition. Three days after the subject accident, the elevator was inspected by an elevator inspector with the local Building Department who concluded that the rope grip mechanism on the governor was defective and violations were issued. Defendant strongly maintained that they had no knowledge of the defective governor and that a problem with the power in the building caused the subject accident.

The plaintiff was extricated from the elevator by EMS and was taken via ambulance to a local emergency room. She was diagnosed with a trimalleolar fracture of the left ankle. Over the next year, she underwent 3 surgical procedures and months of physical therapy. Following extensive settlement negotiations with representatives of defendant elevator company, a settlement was reached in the amount of $1,725,000 on the eve of trial.

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When a truck accident is caused by a mechanical failure, tires are often the culprit. Accidents related to tire failure commonly happen because – tires are defective,

– tires are not properly maintained by the trucking company – tires that have not been properly inspected by the driver before the trip

When it comes to maintenance and inspection, trucking company employees and drivers should be rigorous and make sure not to rely on some tire safety myths that have never been proven true such as checking the pressure by kicking the tires or believing it’s ok to re-inflate a tire that has been run more than 10 percent low.

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