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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Pedestrian%20fatality%20rate.pngToday we are looking at fatal pedestrian and bicycle accidents in New York and in the US.This is part 3 of of our series on the Walking and Bicycling Alliance 2014 Benchmarking report.

Globally since 1980, the pedestrian fatality rate and the bicyclist fatality rate have been decreasing significantly in the US. In 1980, 8070 pedestrians and 965 cyclists died on the road compared to respectively 4432 and 677 in 2011. However while the absolute numbers dropped, the percentage of pedestrian and cyclist fatalities among all traffic fatalities increase from 12.6% in 1980 to 15.8% in 2011.

Pedestrians and cyclists who are 65 and older have a much higher risk to be involved in a fatal accident. Seniors represent 10% of pedestrians and 6% of cyclists but account for 19% of the pedestrian fatalities and 12% of the cyclists fatalities.

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Two men in their 20s riding on a bike were seriously injured after they were hit by a car in Astoria, Queens on Tuesday night around 7:00 am. Then early Wednesday around 5:00 am, a motorcycle collided with a car at the intersection of Union Turnpike and Woodhaven Blvd in Queens. The 31 year old man operating the motorcycle was rushed to the hospital in critical condition. The passenger, a 20 year old woman, as well as the car driver, a 26 year old man also suffered personal injury but were in stable condition.

As the spring is coming in New York, motorcycle enthusiasts are back on the road. Unfortunately this also means that motorcycle accidents are on the rise in the city. Last year in May there were 250 motorcycle accidents in the city during the month of May compared to 216 in April and 82 in February.

Motorcycle%20Accident%20in%20NYC.pngBecause motorcycles offer very little protection when a crash occurs, motorcycle operators are 35 times more likely to die on the road than car passengers with head injury being the leading cause of death in motorcycle accidents.

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New%20York%20Judge%20Robert%20Gerber.jpgThe GM restructuring plan approved by Judge Gerber in New York in 2009 protects the automaker from product liability lawsuits related to incidents that happened before July 10th 2009, the date when the restructuring agreement went into effect.

Yesterday GM filed a motion with the Federal Bankruptcy Court for the Southern District of New York asking Judge Robert Gerber (picture), the United States Bankruptcy Court Judge from the Southern District of New York, who presided over the General Motors bankruptcy of June 2009, to explicitly enforce this plan by dismissing 54 cases.

The move may save GM a lot of money but it also carries some risks. A coalition of 8 class-action plaintiffs countered with a lawsuit in the same court seeking to void that part of the restructuring agreement and accusing General Motors of committing bankruptcy fraud by not disclosing potential liabilities from the faulty switch.

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Camilla’s 62 year old brother died as a result of a serious head injury that he sustained in a fall last night in New York. Mark Shand was in New York to attend the Faberge Big Egg Hunt auction at Sotheby’s, a fundraising event for his charity, the Elephant Family. According to the Daily News, after the event, Shand went to an after party at the Diamond Horseshoe Nightclub in the Paramount Hotel near Time Square. As he went out for a cigarette he slipped and hit his head against the pavement in front of the club. He died of his injury at the hospital Today.

Read more in the New York Daily News

Camilla Parker Bowles, the Dutchess of Cornwall and her brother Mark Shand

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the 2014 NYC Construction Codes include new enhanced standards to prepare buildings for extreme weather in the wake of Hurricane Sandy and the DOT is organizing training events to inform the industry professionals about these changes.

The seminar will provide an overview of the changes made to the NYC Construction Codes as part of the NYC Department of Buildings Code Revision process and by other local laws passed by The City Council in the wake of Hurricane Sandy, collectively known as the 2014 NYC Construction Codes.

These training events will be held during the months of April May and June in New York City. The complete schedule can be found here.

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Numerous bicyclists and pedestrians have been severely injured and several of them have lost their lives in traffic crashes along Mc Guiness Blvd in Greenpoint, Brooklyn. The corridor nicknamed “Hipster Highway” is notorious for passenger vehicles and large trucks speeding. Two years ago a study by Transportation Alternatives showed that two thirds of cars and 62% of large trucks traveled over the 30 mph speed limit with a maximum speed reaching 50 mph for cars and 47 mph for big rigs.

Things should change and residents’ safety should improve by the end of this month as the 1.1 mile stretch of Mc Guiness Blvd between Bayard Street and Freeman Street will become the third arterial slow zone in New York City. New signage will be installed, traffic signals will be coordinated to reduce speeding and the NYPD will increase enforcement on the boulevard.

The creation of 25 arterial slow zones is part of the Zero Vision Action plan to reduce traffic fatalities in the city.

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To reduce injuries and fatalities related to traffic accidents in all NYC boroughs, the Vision Zero action plan rests on 4 pillars: Law Enforcement, Legislation, Street Design and Public Dialogue.

Involving the communities from the ground up by listening to their specific safety concerns and have the DOT and NYPD work with them to develop traffic safety plans is an important step in having New Yorkers in every borough embracing and promoting the message that traffic deaths are preventable.

7 Vision Zero Town Halls have already been held in Brooklyn, Queens, the Bronx and Manhattan and a few more are planned in May and June in the same boroughs as well as in Staten Island.

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This is part 2 of our series on the Walking and Bicycling Alliance 2014 Benchmarking report. Here are some figures we found interesting about pedestrians and bicyclists’ profiles.

Bicycle trips represent 1% of all trips taken in the US every year and walking trips 10.4%. While pedestrians are of all types of age, genders, income and ethnicity, bicyclists are mostly men and younger..

walk%20and%20bicycle%20trips%20by%20age.pngMost people walk or use their bike for a social or recreational reason however more and more people are using their bikes to go to work especially in large cities where the combined average share of commuters by bicycle and foot is significantly higher at nearly 6.1% (1.0% bicycling and 5.0% walking) compared to an average of 3.4% nationally.

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The Fire Department of New York is investigating why it took 21 minutes for an ambulance to get to a fire that broke out in a home in Far Rockaway, Queens last Sunday. The calls arrived in the 911 system at 11:51 am and at 11:56 am the firefighters arrived at the location of the blaze. The firefighters pulled two 4 year old children, Jai’Launi Tinglin and Ayina Tinglin (picture), from the fire and tried to resuscitate them but they were unsuccessful. They were asking: Where is EMS? Where is EMS?

According to the NY Daily News, the ambulance was only dispatched to the fire at 12:05 am, 14 minutes after the 911 call and arrived at the scene at 12:12 am, 21 minutes after the first call to 911.

It is not the first time that glitches happen with New York 911. In June last year, Ariel Russo was struck and killed by a reckless driver on the Upper West Side and glitches with 911 led to a 4 minute delay in the arrival of the ambulance. The Russo family is suing the city for negligence.

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scaffold.jpg New York Labor Law Section 240 or Scaffold Law was enacted more than 100 years ago to protect construction workers from elevated work related accidents. It holds general contractors, owners and others liable if unsafe conditions at the job site lead to a worker’s injury or death (to learn more about NY Labor Law 240 see recent presentation by NY Construction Accident Attorney Anthony Gair)

The construction industry has been trying to repeal and amend this law since it was created and the last attack came with a report entitled “The Costs of Labor Law 240 on New York’s economy and Public Infrastructure” and published by the The Nelson A. Rockefeller Institute of Government, the public policy research arm of the State University of New York. The report uses questionable statistic methodologies to blame The Scaffold Law for creating more accidents and more injuries.

The Center for Popular Democracy (CPD) discovered that the report was actually commissioned by the New York Civil Justice Institute, a front group that was specifically created for this purpose by the Lawsuits Reform Alliance of New York who paid $82,800 for it. The Lawsuits Reform Alliance of New York is well known for lobbying against laws protecting plaintiffs in favor of the construction industry and other corporate interests. The CPD and the New York Committee for Occupational Safety and Health (NYCOSH) just published a paper entitled “Fatally Flawed: Why the Rockefeller Institute’s Scaffold Law Report Doesn’t add up”

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