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 Bronx wrongful death

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In a previous post we mentioned that a pedestrian was fatally struck by a garbage truck belonging to Sanitation Salvage two weeks ago in the Bronx. Leon Clark, a man in his 70ies who was living in Adams Houses was walking on E. 152nd St. near Jackson Ave in Morrisiana when he was fatally struck by a private garbage truck driven by 33 year old Sean Spence. It is the second time in less than 6 months that Spence killed a pedestrian while driving his truck.

On November 7, Spence was driving his truck when he fatally ran over 21 year old Mouctar Diallo, an off-the books employee who was helping him. Diallo was standing on the the steps leading to the passenger’s door when he lost  his grip,  fell under the truck’s rear wheels and died. Spence initially lied to the police and claimed that the victim was a crazy homeless man who tried to jumped on the side of his truck.

Sanitation Salvage has a history of safety violations

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A young pedestrian died after being struck by a van on a Bronx sidewalk in New York City. 8 year old Cellou Diallo was part of a group of children that just came out of a van  that had parked on East 125th Street in Williamsbridge . As they were on the sidewalk with the driver, one of the kids noticed that one of the van’s wheels was on the curb. The driver asked the kids to wait on the sidewalk while she got back in the car and tried to proprely park. As she was maneuvering, she lost control of the vehicle while backing up and pinned 8 year old Cellou Diallo against the wall of the adjacent building. She got out of the vehicle screaming  “I killed a mother’s baby, I killed someone’s baby.”She was devastated and crying. The other children were horrified. The woman was a close friend and neighbors of Cellou’s parents. The two families would take turns driving the kids to after school programs. Cellou Diallo came from the same family as Amadou Diallo who was wrongfully killed by the NYPD. Our firm represented his mother.

Read more in the NY Daily News

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location of truck and bicycle accident on Webster AveA cyclist died after he was hit by a truck that never stopped. The accident occurred at the intersection of Webster Ave and the ramp of the Cross Bronx Expressway in the Tremont section of the Bronx.  The bicyclist was riding to the right side of  a white box truck when the truck made a right turn to get on the expressway ramp.  The truck hit the cyclist but never stopped. He just continued on his way onto the ramp and headed south toward I-95 New Jersey.  According to witnesses the cyclist who was in his twenties was knocked off his bicycle. He was rushed to the hospital but he couldn’t be saved. He died there from his injuries.

Sparse and dangerous unprotected bike lanes offer little protection to Bronx Bicyclists

Too little is being done in the Bronx  to prevent bicycle accidents. Webster Avenue was redesigned in 2012 to implement “Select Bus Service” but  bike lanesSouth Bike Lane Gand Concourse implementation were not part of this re-design.

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Two people died and 9 were injured in a fire accident in New York City. The fire started on the first floor of a building located on Hoffman Street near 87th Street in Belmont, Bronx around 1:30 am on Monday morning. After the fire broke out in one of the apartments on the first floor, tenants ran away without closing the door behind them to prevent flames from spreading. The fire quickly engulfed the rest of the building trapping residents on the second floor.  The scene was extremely chaotic as firefighters had to fight the flames to make their way upstairs to save the residents. 11 of them including a 7 year old girl were transported to the hospital, some with critical burn injuries. Two of them died shortly after.

Last December a similar fire accident occurred in the same neighborhood killing 13 people. The fire propagated in a similar manner in the building after a door was left opened by tenants as they were escaping their burning apartment. (Read previous post).

https://www.youtube.com/watch?v=t9zX2HV5k7o

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 epilepsyA New York taxi driver who fatally struck two pedestrians in the Bronx after he stopped taking his epilepsy medication pled guilty to one count of assault, a class D felony, and two counts of homicide. On March 20 2015, Emilio Garcia who had been off his epilepsy medications for 3 months, lost control of his taxi and fatally struck 5 year old Tierre Clark and 25 year old Kadeem Brown on the Grand Concourse near 170th Street in the Bronx. Several pedestrians were also injured during the crash. The accident occurred 3 months after a previous collision during which Garcia injured another driver in New York City. Drivers who, like Garcia, are affected by a medical condition that can affect driving, such as epilepsy, are supposed to report their condition to the New York State Department of Motor Vehicles. Garcia never disclosed his condition. Not even at the time of the first accident. He just continued to drive despite knowing that his negligent behavior was putting road users at risks of dangerous accidents. The Taxi and Limousine Commission also failed to prevent Garcia from continuing to drive after the first accident. The taxi driver is expected to be sentenced in December.

Epilepsy is a serious condition that can be treated. Anyone suffering from this condition and driving a vehicle has to be medicated. Unfortunately Garcia is not the first driver who got off his meds and ended up killing pedestrians in New York City.  In 2015 in the Bronx,  a man who didn’t take his medications had a seizure behind the wheel and killed a 10 year old girl, her grand father and another man. He was charged with manslaughter.  In 2008 a garbage truck driver who was off his meds killed two people after loosing control of his truck. He was convicted of murder.

Picture: Courtesy of Pixabay

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location of Bronx fatal truck accident

A pedestrian was fatally hit by a box truck in New York City yesterday morning. The 60 year old man was crossing the intersection of Webster Avenue and East 193rd Street around 7:12 am when he was struck by a box truck. According to the police, the truck driver was waiting for the light at the intersection. When the light turned green he accelerated and fatally hit the pedestrian. He remained at the scene of the accident and wasn’t arrested. The pedestrian died at the scene of the accident. The police are still investigating.

The intersection is very large and very dangerous with a history of accidents. According to the Vision Zero map, since 2009, 6 pedestrians, 3 cyclists and 26 motorists were injured in accidents at this spot.  In 2009, 1 pedestrian, 1 cyclists and 4 motorists were injured in accidents at this location. In 2010, another pedestrian was injured. In 2011, 9 motorists, 1 cyclist and 2 pedestrians suffered personal injury at this dangerous intersection. In 2012, again 2 pedestrians, 1 cyclist and 2 motorists were injured. In 2014, 2 motorists were injured. Another motorist and a pedestrian were injured in 2015. Last year an additional pedestrian was hurt as well as 3 motorists. So far this year 5 motorists were injured in crashes at this particular location.

Picture: Google Maps

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aerial view of drunk driving accident locationA man died in an accident after a drunk driver lost control of his SUV and crashed into a parked backhoe on a NYC highway. The man who died was identified as Abe Prior, a 30-year-old resident of Norwalk, Connecticut. He was among the 3 passengers of a car driven by 30-year-old Jorge Viteri, also from Norwalk, Connecticut. Police said Viteri was  intoxicated at the time of the accident. He is now in custody. The accident occurred yesterday night around 6:30 pm on the Bruckner Expressway in the Bronx, NYC.  The SUV was heading North. As the SUV approached exit 7 C, the driver tried to change lanes. He hit a barrier and crashed into a large construction vehicle that was parked on the white lined center median between the Bruckner Expressway and the Throgs Neck Expressway (see picture on the left) . The impact was intense. All occupants were injured and rushed to the hospital. Abe Prior didn’t survive and died from his injuries while at the hospital. The two other passengers were expected to survive. The driver only suffered minor injuries and was arrested by the police. We question why such a large construction vehicle was left parked on the center median on a weekend. An accident such as this should have been anticipated. Read more on CBS News .

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accident sceneA limo driver died after his car hit a tow truck on a Bronx Highway.  His passenger miraculously only suffered minor injuries. 45-year-old Leonel Paulino was driving west on the Cross Bronx Expressway. He was speeding and slammed into an idle tow truck which was helping another motorist.  He suffered massive head trauma and died at the scene of the accident. Amber Normington from Yonkers was seated in the back seat when the accident occurred. Miraculously, she only suffered minor injuries. The driver of the tow truck as well as the motorist who was being helped were also fine.

Read more in the NY Daily News

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accident sceneA pedestrian died in a Bronx car accident  on Friday afternoon. The 77 year old man was trying to cross the Hutchinson River Parkway near the Pelham parkway when he was hit by a car. He was rushed to the hospital where he died. The driver who hit him stayed at the scene of the accident. He wasn’t charged. Read more in the NY Daily News

Also in the Bronx during the weekend 4 people were injured in a car accident related to speed.  Around 6 AM on Sunday morning the driver of a black sedan lost control of his vehicle and crashed into several pillars before hitting another car.  The accident occurred near Sands Place  in Middletown, Pelham Bay. It is a miracle that nobody died according to the NY Daily News

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pedestrian accident locationA pedestrian was fatally struck by car in NYC last night . According to the NY Daily News The 53-year-old man was crossing East Tremont Ave at the intersection of Saint Peters Ave when a SUV hit him. The pedestrian died at the scene of the accident. The driver wasn’t charged. The accident occurred at night around 9:30 pm.

East Tremont has been identified by the Vision Zero  initiative as a dangerous corridor. Speeding is frequent and pedestrians crossings are too few on this 4 lane avenue. The DOT presented a plan to redesign Est Tremont Ave to the community Board 9 in April 2016. However this plan covers only a part of East Tremont Avenue and not the area where the pedestrian was fatally struck yesterday night.

Picture of the pedestrian accident location: courtesy of Google