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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courage-to-intervene-promise-wsl-nrsf-final3This week is National Passenger Safety Week. Initiated by We Save Lives and the National Road Safety Foundation, the National Passenger Safety Campaign is a groundbreaking movement. It unites over 60 organizations in a common belief: passengers must actively participate in ensuring their safety and that of others. The campaign’s message is simple yet powerful – encourage passengers to “SPEAK UP” against reckless driving.

A glance at the statistics from 2020 is sobering

  • Approximately 16% of all traffic fatalities were passengers.
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The recent heartbreaking incident in Midwood, Brooklyn, where a baby tragically lost their life due to a steam radiator malfunction, has raised numerous concerns regarding premises liability and the safety standards in residential buildings.

A baby in Midwood, Brooklyn, suffered fatal injuries after being exposed to steam from a malfunctioning radiator. According to the Department of Buildings, the radiator exploded due to a separation in the part that connected the pipe feeding steam to the radiator. The mother, attending to another child in a different room, found the room filled with steam, likely exceeding 200 degrees.

Duty of Care

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accident-scene-1Early Sunday morning, a 23-year-old driver, showing off dangerous ‘doughnuts’ at a car stunt gathering, lost control and collided with a parked fuel truck. Two passengers died, 15-year-old Sabrina Villagomez and 21-yer-old Gilvante “Gio” Roberson while another passenger suffered critical injury. The driver is in stable condition.

This incident isn’t just about a single act of irresponsible driving. It’s a glaring example of how fleeting moments of thrill-seeking can lead to irreversible consequences. The driver’s decision to perform risky stunts on public roads, especially at such high speeds, was a recipe for disaster. It not only endangered his life but also those of his passengers and any bystander in the vicinity.

The loss of young Sabrina and Gio, is a grim reminder of the fragility of life. Sabrina’s death should make us all pause and think about the influence our social circles have on our decisions, particularly in our youth.

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Queens Boulevard, once notoriously dubbed “the Boulevard of Death,” has seen a remarkable turnaround. In 1997, this street was a pedestrian nightmare, claiming 18 lives. However, since Vision Zero’s implementation in 2014, fatalities have drastically reduced, with some years witnessing zero deaths.

ThAtlantic Avenueis transformation didn’t happen by chance. It was the result of a concerted effort by the city, involving adjustments in pedestrian signal timings, road safety improvements, and the introduction of bike lanes. These measures not only enhanced safety but also fostered a more pedestrian and cyclist-friendly environment.

However, Atlantic Avenue tells a different story. Despite being another major NYC artery, it hasn’t received the same level of attention or intervention. The result is alarming: in the last decade, Atlantic Avenue has witnessed 40 traffic deaths, a number four times higher than that of Queens Boulevard. This stark contrast exemplifies the uneven application of Vision Zero across the city.

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NYC school busA recent accident involving a school bus, an SUV, and a parked Lexus on the eastbound Nassau Expressway near Van Wyck Expressway in Queens has once again brought to light the critical issue of road safety, especially concerning school buses. The incident, which occurred just before noon on Monday, resulted in serious injuries to two individuals and involved about 20 students.

According to the FDNY, the accident began when a 60-year-old SUV driver, attempting to merge lanes, side-swiped a school bus operated by Meir Transport LLC. This collision led to a subsequent crash involving a parked Lexus, with a 62-year-old man inside, near John F. Kennedy International Airport. Thankfully, the injuries sustained by the drivers were not life-threatening, and the students on the bus, along with others involved, refused medical attention.

Legal Implications and Liability

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Bronx location of the fatal hit and run accidentLourdes Camilo, a Bronx resident, was fatally injured in a hit-and-run accident at the intersection of Melrose Avenue and East 156th Street. This incident underscores the importance of road safety and the consequences of traffic law violations. It also reflects on the necessity for enhanced pedestrian protection measures.

The involvement of two vehicles – a white SUV that fled and a green Jeep Cherokee that stayed – brings forth different legal considerations.

1. Liability in Hit-and-Run: The driver of the white SUV, who left the scene, is subject to significant legal ramifications under New York law. Fleeing the scene of an accident, particularly one involving fatality, is a criminal offense.

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the intersection where the reckless driver killed the pedestrianXiaohong Chen, a 52-year-old pedestrian, was tragically struck and killed by a Dodge Ram pickup truck in Dyker Heights.

The driver, known for a long history of speeding and recklessness, as indicated by the numerous speed camera violations, made an illegal turn, leading to this fatal incident. Despite the driver’s alarming record and the presence of a vanity plate that ironically reads ‘NDRTAKER’, no immediate charges were filed (read more in Streetblog about the reckless driver).

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Personal Injury Attorney Rachel Jacobs was promoted partnerWe are thrilled to announce that Rachel Jacobs has been promoted to a partner of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. This milestone is a testament to her unwavering dedication and exceptional legal expertise.

About Rachel Jacobs: A Commitment to Justice

Rachel’s journey with us has been marked by her relentless pursuit of justice for her clients. Specializing in personal injury law, she has successfully handled a wide array of cases, including motor vehicle accidents, sexual abuse, and medical malpractice lawsuits. Her meticulous approach to case investigation, coupled with her skill in drafting pleadings, researching, and writing motions, has been instrumental in our firm’s success.

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New-York-Subway1As New York City subway accident attorneys, we have seen our fair share of transit-related incidents. But the recent derailment of the Manhattan-bound F train in Brooklyn, following closely on the heels of another derailment on the Upper West Side, raises serious concerns about passenger safety and infrastructure integrity in our city’s subway system.

On Wednesday afternoon, a subway train derailed in Brooklyn – the second such incident in New York City in less than a week. This incident involved the F train going off the elevated tracks between West Eighth Street and Neptune Avenue stations in Coney Island. Remarkably, no injuries were reported among the 34 passengers and three crew members onboard.

While officials, including Richard Davey, president of New York City Transit, are investigating the cause, early speculation suggests issues with the track itself, such as unevenness or a break. This is particularly concerning given that the tracks had been inspected as recently as November, with no issues flagged.

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Location of the boom truck collapse in Upper Manhattan5 construction workers were injured, including three seriously in a crane collapse that occurred in Upper Manhattan yesterday afternoon. The accident occurred around 2:30 pm at a construction site located at 3880 Ninth Avenue in Inwood. A crane attached to a small boom truck tragically collapsed, resulting in injuries to five construction workers.  3 of them suffered serious injuries. Investigation is ongoing with yesterday’s stormy conditions probably being a factor in the accident.  As crane accident lawyers deeply invested in the safety and rights of construction workers, this incident not only highlights the risks involved in such operations but also underscores the importance of stringent safety measures and legal recourse in the event of accidents.

In the wake of the collapse over 60 firefighters and EMS workers swiftly arrived at the scene. Their rapid action undoubtedly played a crucial role in managing the situation and minimizing further harm. However, while their response is laudable, it also brings to light questions about preventative measures and safety protocols that are essential in construction sites, especially those involving complex machinery.

Legal Implications and Worker Safety: