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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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ToyotaA potentially defective fuel pump in some Toyota and Lexus models manufactured between 2013 and 2018 may cause the vehicle to stop operating. The defect was previously reported in January and 700,000 were recalled at that time. Yesterday the manufacturer announced that it was expanding the recall for the same defect to a total of 1.8 million vehicles. The models recalled are:

  • 2013-2015 Model Year Lexus LS 460;
  • 2013-2014 Model Year Lexus GS 350;
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As investigations continue into past clergy sexual abuses, Propublica found that many of the priests that had been accused of abusing children were sent abroad by the Catholic Church and some continue to work with children.

Many abusers were sent to Mexico

In an article released Today, Propublica reveals that investigators were able to track 51 priests who had been accused of sexually abusing children and who were then kept on the church payroll but sent abroad in various countries such as Ireland, Nigeria, the Philippines and Mexico (21 of them were sent there).  One of them was Rev.Jose Antonio Pinal. Back in the 80ies Pinal was a young Mexican priest sent to the Parish of Sacred Heart Catholic Church in Gridley, a small city in rural California. Pinal developed a friendship with a family of Mexican immigrants and helped them with some administrative tasks such as filling an application for food stamps. Their son Ricardo who was 15 at the time was encouraged to become an altar boy. When Ricardo went to the Parish, Pinal gave him alcohol, showed him porn movies and raped him. After the rape was discovered, lawyers assured Ricardo’s family that Pinal would never been allowed around children again.

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24 cyclists, 116 pedestrians, 17 motor vehicle passengers and 57 drivers were killed in 209,291 auto accidents in New York City in 2019. The total number of accidents recorded last year was significantly lower than the 3 previous years during which it was above 227,000 however traffic fatalities were higher last year than the two previous years.


auto accidents NYC 2019

After reaching a record low at 199 in 2018, crash fatalities in New York increased to 214 last year. Since 2013 traffic fatalities gradually went down every year. This is the first year since Vision Zero was implemented in 2014 that fatalities went back up from one year to the other. While fatalities are globally on a declining trend despite the recent increase last year, the number of people injured in car accidents in New York is on a rising trend. NYC Auto accident injuries  reached a record high last year and were above 6,000 for the first time. They slightly decreased in 2019 but kept around the 6,000 level. The increase in injuries sustained in car crashes is mostly due to a rising number of drivers being injured. One reason might be that because the speed limit was lower in the city, less people are dying in car accidents but more are injured. Distracted driving might be another reason why more drivers are getting injured in auto accidents in New York.

Traffic fatalities and injuries in New York City in 2019
Bicyclists are the only category of  New York road users who continue to experience a rising trend of accidents, injuries and deaths. After cyclists fatalities reached a record low at 9 in 2018, they reached a record high at 24 in 2019.  Last year as bicycle fatalities were surging quickly, Mayor de Blasio announced a new bike safety plan entitled the Green Wave. The plan is:

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location of the child pedestrian accidentA 7 year old male pedestrian was fatally struck by a car in New York City on Thursday.

Payson Lott was walking to school with his mom. They were in the crosswalk with the light in their favor at the intersection of Blake Avenue and Pennsylvania Avenue when a Jeep recklessly struck them. Payson died in the accident. Her mother Shadeen Lott suffered personal injury.

RECKLESS DRIVER

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construction workers65 construction workers died from unintentional overdose while on the job in the US in 2018 compared to respectively 48, 32, 27, 18, 17, 7 and 7 in 2017, 2016, 2015, 2014, 2013, 2012 and 2011. These deaths represent more than a quarter of the 305 overdose fatalities at workplaces recorded for all industries in the US in 2018. The construction industry is one of the most affected industries by the opioid crisis in the US.

In its recently published Quarterly Data Report, the Center for Construction Research and Training (CPWR) provides an in-depth analysis of the dramatic increase of unintentional overdose fatalities on american construction sites.

HIGH NUMBER OF UNINTENTIONAL OVERDOSE FATALITIES ON CONSTRUCTION SITES IN THE NORTH EAST REGION

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ProfessorDanielPollackUsing seclusion and restraints on children can result in injury and liability, however in some last resort cases seclusion and restraint might be necessary to protect children or others.

There is too little information available as how frequently the use of seclusion or restraint occur in out-of-home care settings such as foster parents or day care settings.  In a recent article, Daniel Pollack, a professor at Yeshiva University’s School of Social Work in  New York City explains why more research is needed to evaluate these type of cases.

A PDF of the entire article can be downloaded here

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location of the bus accidentA 10 year old girl was fatally struck by  a school bus in New York City. The accident occured yesterday morning at 6:45 am at the intersection of Crescent Street and Wortman Avenue in the East New York area.

10 year old Patience Heaven Albert was walking to school with her 15 year old brother. They were in the crosswalk when an empty school bus made a right turn from Crescent Street onto Wortman Ave and struck the young girl. The intersection of Crescrent Street and Wortman is a residential intersection with a four-way stop sign.

Reckless bus driver charged and suspended

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On Monday we wrote about the death of 3 pedestrians over the weekend and now we learned that two additional female pedestrians died after being struck by cars in New York City on Sunday and Monday. Since last Thursday, NYC recorded one pedestrian death everyday and two on Sunday. This is intolerable.

No charge in the Bronx fatality

On Monday night a 59 year old female pedestrian was struck by a car while she was crossing at the intersection of Sampson Ave and Tremont Ave in the Bronx, around 7 pm. The woman whose identity has not been released so far, was rushed to the hospital but could not be saved. The driver stayed at the scene of the accident and wasn’t charged. The police are still investigating the cause of the accident. Read more in PIX11

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Following the increase in fatal bicycle accidents in New York City last year the DOT recently announced that New Yorkers would get 30 more miles of protected bike lanes all over the city this year.

DOT-Protected-bike-lane-BrooklynThe de Blasio administration has so far announced that 10 of the 30 miles would be allocated to Brooklyn and 10 others to Manhattan. In Brooklyn where most fatalities occurred last year, cyclists will soon have protected bike lanes while riding along 4th Avenue north to the Barclay Center, while riding out of the new Kosciuszko Bridge on Meeker Avenue and on Navy Street close to the Brooklyn Navy Yard as well as on Remsen Ave in Canarsie.

On the map released by the DOT at a previous conference (see picture), the pink lines show the protected bike lanes that will be added this year in Brooklyn and the yellow lines show potential protected bike lanes that might be added in 2021. The green lines are the existing bike lanes.  Read more here 

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car-that-killed-jose-contla3 pedestrians died and two other were injured after being hit by motor vehicles in New York City over the weekend. Another pedestrian also died from injuries he sustained earlier in the month last Thursday.

The police are still looking for the reckless speeding hit and run driver who killed a pedestrian in Bensonhurst on Sunday morning around 7:25 am

26 year old Jose Contla was standing next to his vehicle parked on 19th Avenue near 86th Street when a driver hit him and took off. He was on his way to open the family bakery where he was working part time to pay for his degree in criminal justice at John Jay College.  Contla fell on the ground and was found unconscious on the road by the EMTs. He was rushed to the hospital but could not be saved. The police are still looking for the driver of a black sedan (see picture).