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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drunk drivingAs personal injury attorneys who have represented victims in drunk driving accidents, it is disheartening to read about the fatal crash on the Belt Parkway caused by a wrong-way driver who had two prior DWI convictions. Winston Ramdeen, a 52-year-old, drove the wrong way on the Belt Parkway, resulting in the deaths of both himself and the 79-year-old man he collided with. Ramdeen had previously been arrested for drunk driving in 2014 and was scheduled to appear in court in a few days for sentencing related to a another prior DWI accident that occurred in 2021.

While it is understandable that a judge may not have seen fit to lock up the defendant on a misdemeanor conviction, it is the responsibility of prosecutors to ensure that the defendant does not pose a danger to others while awaiting sentencing. One possible solution that could have been explored was setting conditions for the defendant’s release that would have prevented him from getting behind the wheel. For instance, the court could have ordered the defendant to install an ignition interlock device in his car, which would have required him to blow into a breathalyzer before starting the engine. This would have ensured that he was not driving while under the influence of alcohol.

It is essential that we hold accountable those responsible for drunk driving accidents, whether they result in injury or death

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location of the deadly e-Citi Bike accident in Queens NYC
16-year-old Jaydan McLaurin was fatally struck by a hit-and-run driver while riding an electric Citi Bike in Queens on Monday night. The driver who killed him was later identified as 18-year-old Yaser Ibrahim, who was unlicensed and driving a BMW SUV. Police were able to track him down, and he was arrested and charged with driving without a license, leaving the scene of an accident, and having a tinted windshield.

This heartbreaking incident highlights the urgent need for improved safety measures to protect cyclists on New York City streets. According to reports, McLaurin was riding north on 21st Avenue in Astoria when he was struck by the car. The impact was so severe that it virtually severed the electric Citi Bike in half, and McLaurin was rushed to Harlem Hospital but sadly died from his injuries.

This incident marks the 11th cyclist death in New York City in 2023, with a record-shattering 10 people on bikes having died at the start of the year alone

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trucks can be dangerousAs truck accident attorneys in NYC, we understand the dangers that big rigs can pose to communities, particularly those of color and low-income neighborhoods. The current truck route map across New York City, comprising around 1,300 miles across the five boroughs, has remained largely unchanged since the 1970s, leading to increased asthma, cardiovascular disease, and increased number of deadly crashes involving pedestrians and cyclists in such areas. The Department of Transportation must take steps to redesign these truck routes for safety and environmental justice to reduce the number of big rigs that roll through such communities.

Council Member Alexa Aviles (D-Sunset Park) has introduced a bill, Intro. 708, which would force the agency to undertake a complete overhaul of the current truck route map, and the DOT has indicated its support for the bill. The DOT acknowledges the need for change. The pandemic saw a rise in truck deliveries, as e-commerce became more prevalent.

The rise in distribution warehouses in low income residential areas not only worsen pollution but also increase the risk of pedestrians and cyclists getting fatally struck by trucks in streets that have not been conceived for large vehicles

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E-bike explosion kills 2 in Queens NYCAn e-bike powered by a defective lithium-ion battery caused a fatal fire in Astoria, Queens, New York City, killing two children yesterday afternoon. This tragedy has raised concerns about the safety of e-bikes and the need for stricter regulations to prevent similar incidents from happening in the future. According to reports, the e-bike was being charged in the vestibule of the home when it caught fire and caused an explosion. The victims did not have enough time to escape the intense fire that quickly traveled up the stairs to their second-floor apartment.

This incident highlights the ongoing problem of e-bike-related fires in the city. So far, there have been 59 e-bike-related fires in New York City this year, resulting in five fire-related deaths. The cause of these fires has been linked to the use of defective e-bikes lithium-ion batteries.

New action plan and and legislation

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leading causes of NYC construction accident fatalities
Last year’s construction worker fatalities and injuries reported in the NYC DOT “2022 Construction Safety Report” reinforce the importance of the New York Labor Law Section 240, also known as the “scaffold law” or “scaffolding law”, that holds owners and/or general contractors strictly liable for construction workers who suffer injury or died as a result of missing or inadequate safety equipment at elevated work sites.

The report highlights a significant increase in construction activity in 2022 in every neighborhood in New York City, especially in Brooklyn and Staten Island, with an 11% increase in initial permits for new projects and a 122% increase in initial permits for new building projects. The increase in new building permits is attributed to developers obtaining permits before the implementation of the 2022 NYC Construction Codes and the expiration deadline of the 421-a tax program. Additionally, there was a 15% increase in initial demolition permits issued and a 9% increase in the issuance of Final Certificates of Occupancy for completed projects.

The rise in construction activity in the city also led to a rise in accidents, with falls remaining the number one cause of fatalities in the NYC construction industry

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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accident sceneSpeeding and reckless driving are major causes of car accidents in New York, and unfortunately, young drivers are often overrepresented in these statistics. The recent news of a 20-year-old driver who died in a car accident on the Grand Central Parkway in Queens is a tragic reminder of the dangers of speeding.

According to the police, the young driver tried to swerve around a previous crash on the parkway when he lost control of his SUV, which flipped over multiple times and crashed into a tree. The victim was rushed to the hospital but could not be saved.

While we do not know the full details of this particular case, it is clear that speeding and reckless driving are often factors in car accidents involving young drivers.

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JFK airport where two construction workers were killedTwo construction workers lost their lives after being buried under rubble while moving utility lines at JFK airport. This incident highlights the importance of workplace safety, particularly in high-risk industries like construction.

According to The New York Times, 41-year-old Francisco Reyes and 28-year-old Fernando Lagunas Pereira were trapped under rubble after a 30-foot trench collapsed at the Calpine JFK Energy Center, a power-generating plant that supplies electricity to the airport. The accident occurred around 11:00 am. More than 60 firefighters, multiple units of police, and medics to try to save the workers. However, despite the efforts of emergency responders, it took two hours to recover the bodies of both workers who were pronounced dead at the scene.

While the exact cause of the accident is still under investigation, it is clear that a tragic loss of life has occurred. As attorneys who have represented numerous clients who have been injured or killed in construction accidents, we know all too well the devastating impact such incidents can have on workers and their families.

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Medical Malpractice Lawyer Ben RubinowitzOur Managing Partner, Ben Rubinowitz, has been asked to share his expertise in Medical Malpractice cases at the National Conference of the American Urologic Association. More than 30,ooo urologists from around the world attend this conference. The 2023 AUA Annual Meeting will take place in Chicago from April 28th to May 1st 2023.

Ben will be a Faculty member for a course directed by Mitchell Benson, MD, from Columbia University and entitled “Avoiding Medical Malpractice. What you need to know. What you can do. Case Presentations and Review”

Course Description: This course will explore what constitutes medical malpractice and what differentiates medical malpractice from criminal conduct. You will learn about defining the standard of care as it relates to patient outcomes. Most importantly, you will learn about what steps you need to take to defend yourself if named in a malpractice litigation and who to trust.

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Tony, as he was known to his friends, family and colleagues was a man who dedicated his life to helping those who were less fortunate. Tony was born on December 24, 1948, the son of one of the preeminent trial attorneys in the country Harry A. Gair, and one of the first women to graduate from NYU Law School Harriet E. Gair.

Following in his parent’s footsteps, Tony obtained his law degree in 1980, and became an associate at the firm then known as Gair, Gair and Conason. Tony immediately developed an insatiable appetite for the law, spending endless hours, reviewing trial transcripts and legal briefs in order to become the best possible advocate for his clients. Although already a successful attorney, Tony returned to school and obtained a Masters of Laws from New York University School of Law in 1985.

Throughout his over forty year legal career, Tony helped thousands of individuals obtain justice for the serious harm they suffered at the hands of others. In a career filled with noteworthy cases, Tony is most remembered for his zealous advocacy for the family of Amadou Diallo, a young unarmed black man who was shot 41 times by members of the New York City Police Department. When Tony wasn’t fighting for his clients, he enjoyed spending time gardening at his cottage in Putnam County. He will be missed by all of those whose lives he deeply touched, including his family, friends, loved ones, clients and colleagues.

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