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.

Articles Tagged with brooklyn wrongful death

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Brooklyn Bridge Bike LaneWith a new victim last week, the number of fatal bicycle accidents in New York City in 2016 has now reached 15. In only 8 months the number of bicyclists killed this year in New York City has reached the same number as the number of bicyclist killed during the entire year of 2015. Among these 15 bicycle accidents, 8 of them occurred in Brooklyn, 3 in the Bronx, 2 in Manhattan, 1 in Staten Island and 1 in Queens. In a recent article in the New York Time, Eli Rosenberg provides an in depth analysis of this worrisome rise of fatal bicycle accidents in Brooklyn and what is being done and could be done by the city to prevent them.

The bicycling culture in Brooklyn is the strongest of all 5 boroughs. It has the highest number of bicycle commuters of in the city. However, despite this enthusiasm for this healthy mode of transportation, Brooklyn streets are still very hazardous to bicyclists.  Despite Vision Zero efforts to make streets safer, bike lanes, especially protected bike lanes are still lacking in many areas of Brooklyn. The recent death of 35 year old Matthew Von Ohlen is proof that unprotected bike lanes are not enough to make the streets safe.   Protected bike lanes have statistically proven to reduce the number of injuries related to accidents by 20%.

As the number of people using their bikes to commute around Brooklyn continues to grow, there is an obvious need for the city to act fast in continuing to create protective bike lanes for bicycle commuters in Brooklyn. While Manhattan already has 122 miles of protected bike lanes, Brooklyn is much larger than Manhattan and yet only has 84 miles of protected bike lanes. 15 more miles are planned to be installed in 2016.  15 miles is better than nothing but still seems like very little. Large areas of South Brooklyn where 3 cyclists died this year still have no bike lanes, protected or not.  In his article Eli Rosenberg concludes that there is still a lot to do including changing the old mentality that cars rule and to protect the 18,300 Brooklyn bicyclists who commute to work daily.

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King Plaza and FlatbushA hit and run driver hit a couple crossing Flatbush Ave, killing the husband and seriously injuring the wife.  Last Thursday around  5pm Angel and Samantha Sagardia were crossing Flatbush Ave in front of the King Plaza Mall in Marine Park, Brooklyn when they were struck by a van. According to witnesses the van was speeding. He hit the woman first and then the man. The van driver didn’t slow down and continued on his way leaving the couple critically injured on the road. A side mirror from the van was also found on the street by investigators. The van was also found later on near the intersection of Rogers and Tilden Avenues in East FlatBush. The driver is still at large.  Read more in the NY Daily News

 

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57 pedestrians, 21 bicyclists and 289 motor vehicle occupants were injured in a car accident between 2010 and 2014 at the intersection of Atlantic Ave and Flatbush Ave in Brooklyn, New York City. 5 people also died in crashes at this same location between 2008 and 2016. This busy intersection is one of the most dangerous in New York City and the Department of Transportation wants to make it safer. Last week the DOT presented  a study of the actual traffic conditions at this intersection and proposals to make it safer. As of now, pedestrian crossings are extremely long, the traffic is heavy and often conflicting with pedestrians while turning. Bike lanes do no connect, taxi and buses block the traffic while dropping passengers and the sidewalk design is not appropriate. The intersection is very dangerous. The DOT proposes not only to redesign the intersection of of Flatbush Ave and Atlantic Ave but also the Flatbush Ave intersections near Hanson Place and Ashland place. Among the changes, the plan includes the addition of pedestrian islands and curb extensions to reduce the crossing distances as well some blocks being converted to pedestrian areas and new signalization. The complete study can be downloaded here

Dangerous Intersection NYC

Picture courtesy of Google Map

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imageA drunk off duty cop killed a pedestrian and injured 3 others in Brooklyn, NYC, Sunday around 3:00 am.  21 year old Andrew Esquivel (photo ), a MIT student interning in New York for the summer , was walking home when he was hit by an out of control car that jumped the curb. Another man and two other women were seriously injured in the accident. The driver of the car was off duty NYPD Officer Nicholas Batka who was allegedly drunk but refused a breathalyzer test. He was charged with vehicular manslaughter, three counts of assault, driving while intoxicated, driving with impaired ability and driving on a sidewalk. Read more in the NY Daily News 

 

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HitRun2A bicyclist was fatally hit by a car that didn’t stop after an accident  last Saturday in Brooklyn, NYC. The police believe that the driver hit the bicyclist intentionally.  35-year-old Matthew Von Olen was riding back home from a shift at a bar in downtown Manhattan when he was struck by a car in Williamsburg.  A video obtained by the police  shows that the driver intentionally hit the bicyclist and killed him.  The car driver first slowed down at the level of the bicyclist who was riding in the bike lane and then hit him. As Von Olen fell off his bike, the car driver hit him a second time and then ran over him and dragged him about 20 to 30 feet before fleeing. Von Olen suffered severe trauma and died from his injuries. The police are still looking for the car driver who was driving a black 2014-2015 Chevy Camaro with gold New York State license plates (see picture from surveillance camera).  Read more in the Gothamist

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NYC motorcycle accidents February 2016A motorcyclist died in an accident in Brooklyn, NYC, this weekend. The motorcyclist was heading north on Buffalo Ave. near E. New York Ave. in Crown Heights early Sunday morning when he struck a limo. He was rushed to the hospital but he couldn’t be saved.

Motorcycle accidents in New York City always increase during the months of June, July, August and September. There are usually between 250 and 350 motorcycle accidents every month of the summer in the city. Because motorcyclists only have a helmet to protect themselves, motorcycle accidents often results in serious injuries or death.

Read more in the NY  Daily News

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image After a 30-year-old pedestrian was killed by an unlicensed driver who jumped the curb in Brooklyn (see previous blog ), NYC, her family petitioned the Brookyn DA’s office to initiate a grand jury investigation into the accident and obtain justice for their loved one.

Last December Victoria Nicodemus was walking on  a Fort Greene sidewalk with her boyfriend  when she was  fatally  struck by a SUV that apparently  jumped the curb to avoid a bus. The SUV was driven by  39-year-old Marlon Sewell. The driver had his license suspended and wasn’t supposed to be behind the wheel. Also according to a recent article from the Gothamist, a preliminary  police report indicated that Sewell jumped the curb to avoid the bus in front of him but in a statement yesterday, Transportation Altternatives Deputy Director Caroline Samponaro said that Sewell made the reckless decision to drive on the sidewalk to avoid waiting behind the bus.

Immediately after the accident, Sewell was charged with two misdemeanors and thought he would get away with a $500 ticket. However after the Brooklyn DA office agreed to open a grand jury investigation things changed. Yesterday the grand jury voted for Sewell to be indicted for second-degree manslaughter.

 

 

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Park Slope Garage CondominiumA 4 year old boy died after falling in an elevator shaft inside a luxury NYC garage. According to the police, Jack Roberts slipped through a 10 inch gap between a freight elevator and the shaft at the Park Slope Garage Condominium in Brooklyn, NYC. For some unknown reason, the toddler and his parents were allowed to use a freight elevator that was meant for vehicles to get to the third floor of the garage. Other owners of parking spaces who learned about the elevator accident were in shock.  They said it was very unusual for the staff to allow anyone in the freight elevator.  Car owners usually pick up and drop their car in a designated area at the entrance of the garage. Then the staff takes care of taking them in and out of their respective parking spaces using the freight elevators.

After the accident happened, The Department of Buildings filed a complaint requesting an investigation.

The luxury garage was one the first “condominiums for cars” in New York State with more than 100 parking spaces. The actual price of a parking space there is estimated at $300,000.  The initial price for a parking space at the garage when it opened in 1986 was $29,000. At the time it was already considered a very high price. It went up over the years as Park Slope  developed into a trendy neighborhood.  It recently shot up after another similar condominium garage located nearby closed.

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32 year old Michelle Mignott was killed in a car accident in New York City in 2014. The two reckless drivers who were indicted in the accident will be tried in August if they don’t accept a plea deal. Richard Roman-Santos and Gerard Herbert both charged with vehicular manslaughter appeared yesterday in front of Brooklyn Supreme Court Justice Vincent Del Giudice. The judge told then that if no plea agreement was reached the case would go to trial on August 1st. The two men were previously offered 3 to 9 years in jail if they pleaded guilty but they both refused.

On August 17th 2014, Herbert was driving in Brooklyn with two female passengers. One of them, Michelle Mignott was lying on the back seat. As he was making a left turn, Roman-Santos who was driving at a speed of 94 miles per hours crashed into him. Mignott was killed in the accident. Herbert who first refused to take a breathalyzer was later tested with .20.  Roman Santos accepted the breathalyzer and was found to be at the limit of .08.

The two men are expected to be back in front of the judge on June 7th and will have to say if they accept the plea deal or not.

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Heather29 year old Heather Lough died from critical injuries sustained after she was struck by a truck while riding her bike in Brooklyn, NYC. The young woman had just been hired to work at the Brooklyn Botanical Gardens and was on her way to work when the accident happened.  Heater was coming out of the Metro North station and was riding her bicycle on Southern Boulevard when she was hit by a truck making a left turn at high speed. The bicyclist got stuck under the wheels and she was dragged for some distance under the truck until the driver stopped.  She was taken to the hospital in critical condition where she died from her injuries after five days of pain and suffering. The truck driver, 45 year old Robert Owens from Upper Manhattan was charged with reckless driving and failure to yield.

Heather’s best friend set up a fundraiser to pay for a natural burial near her family in Washington State. If you wish you can donate here.

The picture is from the fundraising page

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