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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location of the bike collision
A New York cyclist who was struck by a car died from his injuries one week after the accident occurred. On Saturday November 7th around 1:00 am , Juan Tiu-Caxaj was riding his bicycle on Autumn Avenue. As he crossed Fulton Street he collided with a car heading westbound on Fulton Street. The driver stayed at the scene of the accident. He was not charged. The young victim suffered head trauma and was transported to the hospital. His condition was stable but  it deteriorated and he died from his injuries a week later.

According to the police, the cyclist rode through a stop sign just before the collision.  The investigation is still ongoing to find out the exact cause of the accident.

According to Vision Zero studies, East New York is among the most dangerous areas in New York for bicyclists. However so far not much has been done in this neighborhood to promote bicyclists safety compared to other areas of New York City like Manhattan.

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location of the deadly tractor trailer accidentA 71 year old pedestrian was fatally struck by a tractor-trailer in the Bronx, NYC, just one one week after a cyclist was killed by a big rig in the same borough. The victim was crossing the dangerous intersection of East 38th Street and Exterior Street around 4:00 pm yesterday when a MAC tractor-trailer truck travelling South hit the pedestrian and fled the scene of the accident leaving behind him the victim dying on the ground.  The NYPD was alerted by a 911 call of  and when they arrived at the scene of the accident, they found the man lying on the street, unconscious and with severe head trauma. The senior pedestrian was rushed to a nearby hospital where he was pronounced dead. The police are still looking for the truck which had a white rig and a red trailer and the truck driver.

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Theodore_Cardinal_McCarrickAn in-depth Vatican report about Cardinal McCarrick’s sexual misconduct with children and young adults indicates that when pope John Paul II appointed him to Washington in 2000 and created him cardinal in early 2001, he was aware of the following child sexual abuse allegations against McCarrick:

  • A priest complaint that McCarrick tried to engage in sexual activity with him in the summer of 1987 when McCarrick was Archbishop of Newark . The same priest who at that time was part of the Diocese of Metuchen also alleged that he saw McCarrick engaging in sexual activity with another priest in June 1987
  • Anonymous letters accusing McCarrick of pedophilia with his nephews were sent to multiple cardinals in the US and to the the National Conference of Catholic Bishops and the Apostolic Nuncio
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segment-of-bike-lane-on-flatbush what-is-missingThe DOT recently inaugurated a new segment of protected bike lane  crossing Prospect Park in Brooklyn. While the new protected bike lane covers Flatbush Avenue from Grand Army Plaza to Empire Boulevard (see picture from the DOT ). The DOT indicates that the protected bike lane connects  to Downtown Brooklyn”. Unfortunately this is not the case (see map from the DOT with protected bike lanes in green). From Grand Army Plaza to Downtown Brooklyn cyclists still have to make their way through dangerous unprotected bike lanes which put them at a higher risk of getting injured or dying in a bicycle accident.  This is a concern, especially with the actual pandemic situation that has led many Brooklyn residents opting to start using a bike instated of using the subway.

At the recent inauguration of the bike lane, street safety advocates confronted New York Transportation Commissioner Polly Trottenberg about the problem. Trottenberg who is herself commuting by bike between Grand Army Plaza and Downtown Brooklyn puzzled activists when she replied that she felt comfortable with the actual situation. “It’s a pretty good ride between here and Jay Street — you’ve got Vanderbilt to Bergen, so it’s pretty good she said.  She also added “Not everybody has the same opinion” and that’s true:  a day after the inauguration, a very upset dad who uses the bike lane to bring his son to school tweeted the following answer :

https://twitter.com/JarekFA/status/1324129158553915393?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1324129158553915393%7Ctwgr%5Eshare_3&ref_url=https%3A%2F%2Fwww.brooklynpaper.com%2Fflatbush-fourth-avenue-protected-bike-lanes%2F

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School busTo keep children safe from accidents when getting in or out of a school bus, 6000 school buses from 48 schools in Suffolk County, NY will be equipped with new safety technology. High tech stop-arm cameras will  record reckless drivers who do not respect the STOP sign when the bus stops for children.

The program which is cost-free to taxpayers and school districts is a partnership with BusPatrol, a safety tech company

The technology installed in the bus allows not only for video recording but also for closed live-streaming, sensor data collection and emergency alert. BusPatrol collaborates with the local police to issue tickets to drivers that come with specific information on the violation as well as a video footage of the event. BusPatrol found that sharing the video of the violation is a way to educate drivers and make sure they will not repeat the offense. The results speak for themselves and so far 99% of the drivers who received such tickets were only caught once.

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photo__2573607_christopher_conadio_pp-1Our partner, Christopher Donadio will be one of three Distinguished Panel Members at the “How to Effectively use a Neurosurgeon in the Courtroom” CLE program organized by The New York City Chapter of the American Board of Trial Advocates (ABOTA) & The Defense Association of New York tomorrow from 5:00pm to 7:00 pm EST via ZOOM.

Christopher will speak about the Plaintiff’s Perspective while the second panel member, Jenine Gerrard, a defense attorney with Lewis Brisbois Bisgaard & Smith LLP will speak about the Defense Perspective. The other member of the panel is Dr. Christopher Allyn Lycette, a Board Certified Neurosurgeon. The program will be moderated by Sean Dugan, an attorney with Martin Clearwater & Bell LLP.

Suitable for both  experienced and newly admitted attorneys, the panel fulfills 2 CLE skills credits. It is not too late to subscribe for this 2-hour Zoom Program that will start tomorrow, Tuesday November 12 at 5:00pm. Click here to subscribe or download the PDF

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location of the fatal moped accidentA man riding a moped was fatally struck by a reckless driver in the Bronx, NYC.

Early Sunday, around 12:30 am, 57 year old Frank Davila was riding a moped South on Rosedale Avenue when he was struck by 33 year old Stephanie Mendez who was driving a 2005 Grey Volvo Sedan.  At the time of the accident Mendez was driving with a suspended license.  The police checked her blood alcohol which registered 0.074 which is below the legally drunk level. Despite a blood test below the legal level, the police charged her with driving under the influence of alcohol or drugs and driving with a suspended license. The investigation is not over yet though but so far Mendez has not been charged with criminally negligent homicide or vehicular manslaughter.

Paramedics found Davila unresponsive and unconscious on the sidewalk. They rushed him to the hospital but it was too late and the 59 year old father was pronounced dead.

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e-scooter-4496668_640While e-scooters can be a very convenient way to commute in big cities, e-scooter accidents can result in very bad injuries including head trauma. In New York, it is now legal to ride a E-scooters but by-the minute rental which are already popular in many cities around the world are still not available in the Big Apple. However things are about to change and the city has been recently receiving offers from rental companies to  start providing services to New Yorkers next March.

NO RENTAL IN MANHATTAN

Manhattan will still be off-limits for e-scooter rental companies. The city will favor areas that are not well served by other transportation options. While the idea to favor areas with less transportation options might sounds like a good idea, it would be interesting to know how the city is planning to protect e-scooter users in these areas.  As a reminder, Citi Bike started to implement their program in the Bronx recently while the DOT has been too slow at installing protected bike lanes in the borough.  The result is an increase of 40% of bicycle accident injuries in the Bronx since the beginning of the year.

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One pedestrian died and two were seriously injured in New York City last week. In all cases, drivers were recklessly driving and in two cases drivers took off after the accident leaving their victims lying on the street.

The first accident occurred on Tuesday in the Bronx. 72 year old Sidney Sale was walking back home after stopping at his local Bodega. As he was crossing the intersection of East 211th  Street and Paulding Avenue in Williamsbridge in the Bronx he was struck by a car. The pedestrian who was in the crosswalk, fell on the ground. The reckless driver did not stop and fled on East 211th Street.  Immediately after, another driver making a left turn onto East 211th Street from Pauling hit the victim for the second time and dragged him along the street. The second driver stayed at the scene of the accident. Sydney Sale suffered trauma all over his body and was rushed to the hospital where he later died from his injuries.

https://www.youtube.com/watch?v=nM0azfwcrtk

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location of the deadly crash between a cyclist and a tractor trailer truckA 34 year old man died in a bicycle accident in the Bronx, NYC, yesterday. The cyclist collided with a tractor-trailer truck on Bruckner Boulevard around 1:45 pm.  It is still not clear how the accident occurred. An initial police report indicates that the cyclist was riding westbound on Bruckner Boulevard and that the Tractor Trailer Truck driver was heading South on Brown Place. No information was provided about who had the light. The report just concludes that the cyclist ran into the back of the truck. The area is often congested as road users use this part of the Bruckner Boulevard to access the Willis Avenue Bridge.

Why would a cyclist run into the back of a truck?

This seems  to be a very strange conclusion and hopefully further investigation will reveal what exactly led to the death of this cyclist. Unfortunately the NYPD has a long history of blaming cyclists for crashes and giving slack to faulty drivers. Last year, Mario Venezuela, a Queens teenager, was fatally hit by a negligent truck driver. The police blamed the teenager for his own death however surveillance footage of the crash shows that the truck driver was reckless and cause the death of the teenager. A video of the crash shows the truck driver veering to his left before cutting hard into a right turn without using his turn signal and crashing into Venezuela.

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