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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Kelly Hurley, The 31 year old woman who was critically injured in a bicycle accident in New York (see previous blog) didn’t survive her injury. She was taken off life support a few days ago and passed away.

Kelly was heading North on First Ave in Manhattan when a truck making a left turn onto East 9th Street hit her. She had the right of way. Despite violating the right of way law, NYPD announced today that they only issued a summons to the driver for “not having a cross over mirror”. The police also blamed the victim and said that “the victim sadly slipped off her bike”. (see DNA info)

The police were observed ticketing bicyclists one block away from the fatal accident scene.  (see the Gothamist)

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A construction worker was fatally struck by a bulldozer in Red Hook, NY last week. Susan M. Coons of Elizaville in Columbia County was working on a field leveling project for Jeff Decker & Son with another construction worker. 45 year old Kenneth Bendix was operating the 18-ton bulldozer. He struck her as he was moving the machine to make a minor adjustment to the blade.

The woman was transported to the hospital but she didn’t survive.

Read more in the Poughkeepsie Journal  

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diatracted driving accidents prevention poster

Just is all it takes

In New York Sate, car crashes involving distracted drivers killed 160 people and injured more than 33,000 in 20015 according to a study from the Institute for Traffic Safety Management and Research that was published a few months ago. The study estimates that around 20 to 22% of the fatal car accidents in New York State are related to distracted driving. The problem is not only in New York but all over The United States.  Nationally during the whole year of 2015, 3,477 people died and 391,000 were injured in distracted driving accidents.

April is “Distracted Driving Awareness Month” and during the whole month the National Safety Council (NSC) is campaigning to crack down on this epidemic. The NSC invites organizations and communities to share information about distracted driving. Various material is available to download on their website.

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Location of the fatal New York Construction AccidentA man died in a construction accident in New York yesterday morning. According to Rick Chandler, New York City Building Commissioner, the death was completely preventable.

The fatal fall occurred around 11:00 am yesterday on a construction site located at 1604 Broadway, near West 49th Street in Time Square, New York.

59 year old Jose Cruz, a native of The Dominican Republic living in Sunset Park, fell 18 feet to his death from an I-beam near the second floor. The accident occurred as he was helping remove part of a steel deck from a slab. Despite working at heights he wasn’t wearing proper fall protection equipment.

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accident sceneA 25 year old man died in a car accident in New York City around 4:00 am this morning. The man was riding a car driven by a 22 year old driver who may have been drunk or high according to the police. The car had  a Taxi & Limousine Commission license plate. So far it is not clear if the passenger knew the driver or if he was a customer.

As he was attempting to exit the Bronx River Parkway at East Gun Hill Road in the Bronx, the driver lost control of his vehicle and crashed into a concrete wall. Speed may have been a factor contributing to the accident as well.

Both the driver and the passenger where rushed to the hospital. The passenger didn’t survive. The driver is in critical condition.

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New York Medical Malpractice Attorney Marijo AdimeyA NYC Medical Malpractice  case in which our partner Marijo Adimey won a 1.27 million verdict was featured by Lexis Nexis as their case of the week. Marijo successfully represented a 64 year old woman from Kings County, Brooklyn, who suffered ruptured spleen during a colonoscopy after the doctor used excessive force. A detailed overview of the case can be found on the Lexis Nexis Litigators’ Verdict & Settlement Exchange. Congratulations Marijo!

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Car crashes are the leading cause of deaths among American teens. The majority of the serious teen car accidents are the result of a critical error committed by the driver.  Parents play an important role in teaching their teens how to drive safely and avoid dangerous driving errors.

The Center for Injury Research and Prevention at the Childrens Hospital of Philadelphia (CIRP@CHOP) has a dedicated team that specializes in improving teen driver safety. They have their own website  http://www.teendriversource.org/ and provide valuable resources to teens, parents and professionals working with teens.

Among the most downloaded resources is the “Teen Driving Plan Practice Guide” a guide for parents to effectively supervise their teens’ driving practice. Researchers have found that teen drivers whose parents were using that guide were 65% less likely to commit dangerous driving errors.  This popular guide is also available in a YouTube video format. The Teen Driving Plan Practice Guide You Tube Channel features 52 videos dedicated to parents who wants to effectively supervise their teens’ driving practice.

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A patient who has to be readmitted to an hospital may have a valid medical malpractice lawsuit against the hospital or the clinicians. When a patient is discharged too early or with not enough support not only may his or her condition worsen but also the health costs related to his or her readmission can be significant. Additionally,  hospital and doctors can be liable if the patient was negligently discharged.

Patients with chronic disease such as diabetes, COPD and congestive heart failure are among those who have the highest risk of being readmitted. Chronic diseases affect 1 out of 2 adults in the US and are responsible for 86% of healthcare spending. They also rank among the top 10 causes of death in thew US.

Recent studies have demonstrated that hospital who are using remote patient monitoring (RPM) can significantly reduce the readmission rate of chronic disease patients. RMP allows patients to collect samples and answer questionnaires about their personal health from home. Data is then transmitted to the doctors who can analyse them and follow up in real time with their patients.

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A 21 year old man died and several other people were injured in a car accident in NYC last Saturday night.

Around 8:30 pm, 37 year old Terrance Smith was driving his car on Powell Street in Brooklyn, NYC. He was speeding while at the same time arguing with his passenger.  As he approached the intersection of Glenmore Ave in Brownsville he hit 21 year old Michael Joefield who was rollerblading in the street.  The impact of the accident was so violent that the roller-blades were ejected from Michael’s feet and flew into the window of a nearby van.

Michael’s body got stuck under Terrance’s car but he didn’t stop. He continued on his way dragging the body under his car and slamming into two others vehicles and into a stop sign.

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accident sceneA pedestrian was critically injured after an out of control SUV jumped the curb last Friday afternoon in Queens, NYC. The driver of the SUV was an elderly man who just came out of an appointment at a radiology center on Steinway Street in Astoria. His SUV was parked in front of the radiology center. As he was pulling out of the parking space, the driver suddenly accelerated. He mounted the sidewalk, hit the pedestrian violently and crashed into the wall of the radiology center. When the doctor came out he recognized his patient. The patient told the doctor that the accelerator pedal got stuck on the floorboard. The pedestrian was critically injured and was bleeding from the head. The driver also suffered serious injury. They were both transported to the hospital.