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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According to the most recent NYPD collision statistics, a total of 254 people died in motor vehicle accidents in New York City last year. Among them were 108 pedestrians, 15 cyclists, 33 vehicle passengers and 98 motor vehicle drivers.  Before Vision Zero started in  2014, 286 people died in auto accidents in 2013. Then the number of deaths went down to 250 in 2014, 235 in 2015, 223 in 2016. It reached its lowest in 2018 with 199 traffic accident fatalities and then gradually increased to 214 deaths in 2019 and 239 in 2020.

While pedestrians remain the category of road users recording the highest number of deaths of all road users with 108 of them dying last year, the numbers that caused the total traffic fatalities in New York City to be so high last year were the record number of motorists and passengers fatalities. 98 motorists died and 33 passengers were killed in car accidents last year compared to 84 and 23 in 2013 before Vision Zero started. Distracted driving, speeding and recklessness are the causes of most of these fatalities.

car accident fatalities NYC 2021
Traffic accidents injuries remain lower than usual but however a little bit higher than last year with a total of 50,617 people injured in car accidents in 2021 compared to respectively 43,601, 60,234, 60,646, 58,990, 58,526, 51,255, 50,886 and 54,818 in 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013. A diminution of the day to day activity in the city because of the ongoing Covid19 crisis may be a factor behind these lower than usual numbers.

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Oriental Boulevard99 year old Jack Mikulincer was crossing the street in his electric wheelchair when he was fatally struck by a car. Mikulincer who survived two wars, the Nazi invasion of Hungary and the Holocaust was mowed down by one of his neighbors as he was taking his weekly trip to the synagogue.  The driver who was identified as 52 year old Pyotr Yadgarov, was driving his BMW SUV west on Oriental Boulevard in Manhattan Beach when he struck Jack Mikulincer who was crossing north near Coleridge Street, right next to his house.

The area is residential and the BMW driver lives just four blocks away from the victim. In such areas in NYC, the speed limit is 25 MPH.

Yadgarov who was not charged, has a history of speeding and recklessness. The plates of the car show a total of 10 speed camera tickets and 4 other tickets for running red lights since 2016. Last year only, the car was caught 6 times speeding in school zones.  Additionnally there are no pedestrian crosswalks on Oriental Boulevard, making it  even more dangerous for pedestrians to get to the other side of the Boulevard.

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Queensborough bridgeEvery day pedestrians and cyclists are risking dangerous collisions on the narrow share two-way lane on the Queensboro Bridge. De Blasio promised the bridge would be fixed and pedestrians and cyclists would be completely separated and share each a side of the bridge by the end of 2022.  This promise will not be kept as the DOT announced yesterday that the work will not be completed until the end of 2023.  The news raised a lot of outrage as, since the pandemic hit and New Yorkers changed the way they are commuting, the pedestrian and bicyclist traffic was 26 times more heavier than during pre-pandemic era according to  statistics from last September.  Near misses occur daily and crashes resulting in injuries are common on the narrow path where pedestrians, cyclists, scooter riders and an influx of faster moped riders who despite knowing that they are illegally using the path, find it safer than riding among cars on the bridge.

Pedestrians and cyclists feel like they have been tricked

The DOT did not provide any explanation as to why the work was delayed except that it was related to the fabrication of the new deck. However pedestrians and cyclists advocates feel like they are taking advantage of. De Blasio promised the South outer roadway would be converted to a pedestrian path starting late 2021 and would be completed this year. Now the DOT says they can not do that because the South outer roadway need to be open to cars during the bridge renovation project.

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OSHA logoAfter a hard hat fatally fell 60 feet during demolition work on one of its construction sites, Richmond Construction, based in Queens, NYC, was hit by a $374,603 OSHA fine. This is the second highest OSHA fine for the last quarter of  2021.

Last May, a 49 year old worker hired by Richmond Construction was working on the demolition of the Flatbush Bank Building in Brooklyn. He had just finished breaking apart a section of the roof with a jackhammer and was  walking on the top of the exposed side when a piece of concrete on which he was standing broke apart. The man fell 60 feet down to the ground and died. The worker was not using proper safety equipment and had no training to execute such a dangerous job.

The OSHA investigators found that Richmond Construction failed to provide lifesaving fall protection and did not train employees to recognize and avoid fall hazards. The contractor was cited for 9 willful, repeat and serious violations including:

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Caption Description File URL: https://www.newyorkpersonalinjuryattorneysblog.com/files/2022/02/dangerous-road-conditions-NYC-scaled.jpg Copy URL to clipboard ATTACHMENT DISPLAY SETTINGS Alignment None Link To Media File URL https://www.newyorkpersonalinjuryattorneysblog.com/files/2022/02/dangerous-road-conditions-NYC-scaled.jpg Size Full Size – 2383 × 2560 Selected media actions 1 item selected Clear Insert into postA Brooklyn woman is the 12th pedestrian to die in a car accident in New York City since the beginning of this year. In a very graphic video the 64 year old pedestrian is seen walking West on the North sidewalk of Foster Avenue. As she arrives at the intersection of East 17th Avenue, she waits for the light to turn green and then proceeds to walk on the snowy street. At the same time, the driver of a grey Chevy makes a right turn from Foster onto 17th Street, does not yield  or slows down and slams into the pedestrian.

The driver, a 57 year old woman,  stayed at the scene of the accident and so far was not charged. The victim was rushed to the hospital where she died.

While the video clearly shows that the driver did not yield to the pedestrian, the snow that had not been proprely removed from the intersection made the area even more dangerous to navigate for pedestrians and vehicles.

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safety on construction site is keySome construction workers, especially those working on emergency repairs are required to work for long period of time in sub-zero temperatures and as a result they might suffer cold related illnesses and injuries such as Hypothermia, Frostbite, Trench Foot and Chilblains.

How to prevent cold illnesses?

  • The most important way to prevent cold illnesses is to wear appropriate clothing that are made for cold, wet and windy conditions. Dressing with layers of loose fitting clothes that can be adjusted depending on the outside temperature and always wearing a hat that covers ears and if necessary a knit mask. Waterproof and insulated gloves as well as socks and waterproof and insulated shoes that keep the body dry are necessary when working outside for a long time. Additionnally. it is always a good idea to bring extra clothes to change  in cases clothes get wet.
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HyundaiSome Kia vehicles may have defective airbags that may not deploy proprely in case of an accident according to a recall issued yesterday by the company.  The recall is affecting 410,000 vehicles including:

  • 253,281 Kia Soul manufactured between July 25, 2016 and December 24, 2018
  • 47,690 Kia Sedona manufactured between July 12, 2016 and January 10, 2019
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NYC subway can be dangerousAccording to recent records released by the MTA, 42 people died in collisions with a subway train and 5 others died after falling on the tracks or being electrified by the third rail. These numbers are very similar to those recorded during the same period a year earlier with 48 people dying in NYC subway accidents.   Among the causes of the collision, 16 of them were suicides compared to 10 for the same period of the previous year.  The report of the MTA also indicates that 8 people fell from crossing between cars compared to 6 during the same period of 2020 however they did not mention if these accidents resulted in deaths or injuries.

Should subway stations be safer and equipped with safety barriers?

These recent data from the MTA do not include several shoving incidents occurring during last  fall and winter  with the last one resulting in the death of Michelle Go.  Michelle Go was waiting for a train at the Time Square station when a deranged man pushed her  in front of the train. The recent death of Michelle Go might have been prevented if the New York subway was equipped with protective barriers or platform screen doors.

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wintery roads in NYC can cause injuriesNew York City was really pretty yesterday all covered in snow, however snowy days are also days during which more people are getting injured and fill up the emergency rooms.  Freezing weather, icy roads and sidewalks as well as wet floors are causing more injuries than usual. Slip and falls are common and are the number one cause of injuries at work places during wintery days. While most of them only cause minor injuries such as bruises or contusions, abrasions or lacerations, some injuries resulting from slip and falls can also cause bone fractures or sprains and strains that might lead to hospitalization.  In rare cases and especially with senior people a bad fall can also result in temporary or permanent paralysis if the fall causes a spinal injury or even in death if  the persons falls on the head and sustains internal bleeding.  Maintaining slippery areas clean and dry as well as installing hazard cones is one of the best ways to prevent slip and falls. Wearing adequate shoes that are slip resistant also prevent slip and falls.

More dangerous than slip and falls and leading to multiple injuries and deaths are car accidents caused by wintery conditions. According to statistics from the Federal Highway Administration, more than 1,300 people are killed and almost 120,000 are injured every year in the US in car accidents caused by wintery weather.  The best way to avoid a car accident is not to drive if you don’t have too. However if you do not have the choice, try to avoid small roads or not commonly used roads. Use mostly main roads and highways which are usually better maintained.

Hypothermia and frostbite are also a cause of multiple injuries and deaths. Every year in the US there are close to 1000 people dying from hyperthermia. Frostbite on hands and feet are also quite common and can be quite painful, sometimes resulting in loss of extremities. Wearing appropriate equipment and clothes as well as drinking hot beverages on a regular basis is the best way to prevent hypothermia and frostbite.

 

 

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car accident Last week, Pete Butigieg revealed a national plan to significantly reduce personal injuries and deaths caused by car crashes. The National Roadway Strategy is an ambitious plan to reach a long term goal toward zero roadway fatalities on American roads.  The announcement  of a “Vision Zero” plan at national scale is coming in the steps of a significant increase  of road fatalities in the US. According to early estimates by the U.S. Department of Transportation’s National Highway Traffic Safety Administration, an estimated 20,160 people died in auto accidents in the US, an increase of 18.4% compared to the same period of 2020.  This is the highest projection of road deaths since 2006 for that particular period.

The National Roadway Strategy is a major change of direction for the US DOT which in the past was not doing much for road safety with the exception of producing accident statistics. The details of the strategy and how local leaders and States will implement it are not defined yet but they will be based on the “Safe System Approach:  Safer People, Safer Roads, Safer Vehicles, Safer Speeds, and Post-Crash Care”. This approach is very similar to the Vision Zero approach already developed in New York City and in other cities, especially in Europe, and consist in developing programs to reduce crashes and make them less deadly.  A Safe System is based on 6 principles:

  1. Serious injuries and death are not acceptable: the goal of the system is to eliminate catastrophic accidents
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