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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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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New York Personal Injury Attorneys Rubinowitz and TorganIn their recent Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper write: Whether in the form of a deposition, surveillance footage or an event captured on a nearby security camera, the trial lawyer must think carefully how to best exploit a video as a strategic tool for helping her win the case before ever questioning a witness. If used properly, a video can serve to leave an indelible impression that there is no doubt that the witness is a liar, cannot be trusted and is anything but credible.

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Best Law Firms - Standard BadgeFor the 11th consecutive year, our New York Personal Injury Law Firm was named a Best Law Firm 2021 by U.S. News – Best Lawyers®. The firm was also named

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location of the e-bike colision with SUVA driver fatally struck an e-bike rider in New York and then fled the scene of the accident. 42 year old Ernesto Guzman of East Harlem was delivering a pizza on his e-bike yesterday around 4:30 pm when a black Chevrolet Tahoe SUV with TLC plates crashed into him. The driver then left, leaving the man dying on the street. The accident occurred in East Harlem at the intersection of E. 97th Street and Second Avenue. The Police found the vehicle abandoned by the driver on E. 96th Street. They are still looking for the runaway driver. The victim had delivery bags with him and a witness at a nearby Deli told the NY Daily News that they flew 3 feet away during the collision.  The witness also mentioned that the victim was badly injured with a lot of blood coming out of his head.

When EMS and the police arrived, they transported the victim to a hospital emergency room which was just yards away from the scene of the accident but it was too late. Ernesto Guzman was so badly injured that he passed away.

The police are still investigating the accident. According to preliminary investigation, the e-bike rider was driving south on Second Ave when he was hit by the SUV driving  West on 97th Street.