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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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.

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The dangerous intersection of Shore Parkway and Shell Road

The dangerous intersection of Shore Parkway and Shell Road

On the morning of August 4th, Yelena Gervolskaya, a 75-year-old pedestrian and a beloved family member, lost her life after being struck by both a dump truck and a Jeep at the intersection of Shore Parkway and Shell Road in Gravesend, Brooklyn. Both drivers fled the scene; however, they have now been identified by the police. As of now, no charges have been filed against either of them.

Both vehicles hit the victim while making a left turn

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Bicycle accident deaths NYC Q1 2023Bicycle accidents are unfortunately all too common in New York City, and the recent tragedy that took the life of Adam Uster, a Transportation Alternatives member,  is a painful reminder of the dangers that cyclists face on our streets. As bicycle accident lawyers in New York City, we know all too well the impact that these accidents can have on victims and their families.

In this case, Uster was simply riding home with his bike trailer full of groceries when he was struck by a flatbed truck that made an abrupt right turn without signaling, causing fatal injuries. The fact that Uster was in an unprotected bike lane highlights the urgent need for better protections for cyclists on our streets.

The family and friends of Uster have been calling on the city to do more to protect cyclists, and it’s clear that their voices must be heard. The statistics are alarming: there have been 111 reported crashes on the less-than-a-mile stretch of Franklin Avenue between Lafayette Avenue and Fulton Street since 2020, causing one pedestrian fatality and injuries to 15 cyclists, 14 pedestrians, and 33 motorists.

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Atlantic Avenue And Clinton Street where 3 fatal car crashes occurredOn Sunday night, a 27-year-old driver recklessly hit and killed a 31-year-old woman on Atlantic Avenue, making her the fourth pedestrian to die in a crash over the weekend. Reports indicate that the driver was speeding through a red light when he hit the victim, then collided with another vehicle and crashed into an outdoor dining structure. Tragically, the victim died at the scene, and the driver was subsequently arrested and charged with multiple offenses, including manslaughter, vehicular manslaughter, and criminally negligent homicide.

This accident highlights the driver’s dangerous disregard for traffic laws and safety, as he had been caught speeding in a school zone in Queens just a month prior. It is crucial that drivers understand the seriousness of their responsibility when operating a vehicle and adhere to traffic laws and safety measures. The consequences of reckless driving can be catastrophic, as seen in this heartbreaking case. We must continue advocating for safer roadways and harsher consequences for those who violate traffic laws and cause harm.

With 10 crash fatalities in 2021 alone, Atlantic Avenue is one of the most dangerous roadways in New York City

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drunk drivingAs personal injury attorneys who have represented victims in drunk driving accidents, it is disheartening to read about the fatal crash on the Belt Parkway caused by a wrong-way driver who had two prior DWI convictions. Winston Ramdeen, a 52-year-old, drove the wrong way on the Belt Parkway, resulting in the deaths of both himself and the 79-year-old man he collided with. Ramdeen had previously been arrested for drunk driving in 2014 and was scheduled to appear in court in a few days for sentencing related to a another prior DWI accident that occurred in 2021.

While it is understandable that a judge may not have seen fit to lock up the defendant on a misdemeanor conviction, it is the responsibility of prosecutors to ensure that the defendant does not pose a danger to others while awaiting sentencing. One possible solution that could have been explored was setting conditions for the defendant’s release that would have prevented him from getting behind the wheel. For instance, the court could have ordered the defendant to install an ignition interlock device in his car, which would have required him to blow into a breathalyzer before starting the engine. This would have ensured that he was not driving while under the influence of alcohol.

It is essential that we hold accountable those responsible for drunk driving accidents, whether they result in injury or death

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The New York City hospital where the deadly medical error occurredA mother about to give birth died from medical malpractice in a New York City Hospital.  On July 2020, Sha Asia Temple, a 26 year old pregnant woman was at Woodhull Medical Center about to give birth to her daughter. Dr Dmitry Shelchkov, the anesthesiologist who was in charge of giving her the epidural inserted the catheter to deliver the anesthesia 13 inches deep in her back instead of the recommended 4 inches and administered a full dose of anesthesia neglecting to first administer a test dose and check on the patient before administering the full dose. As a result the anesthesia liquid was injected into the cerebrospinal fluid. The patient complained that she could not breath anymore and died shortly after. According to the federal hospital inspection report, a doctor who rushed to the rescue screamed at Dr. Schelchkov “I can’t believe this is happening again!”. Sha Asia Temple died but her baby, Khloe, survived.

The causes of the death of Ms. Temple were only recently made public and the investigation report indicates that over the two years preceding the death of Ms. Temple, 6 patients in  labor at Woodhull Medical Center “suffered adverse outcomes related to the administration of anesthesia” and Dr Shlchkov was involved in most of them. The same errors of pushing the epidural  needle too deep and mixing the anesthesia with cerebrospinal fluid as well as not proceeding to a test before administrating the full dose were reported. Despite the obvious pattern, the hospital did not take any measures to monitor the doctor who was finally stripped of his medical license in 2021.

Epidural complications are rare and while epidural complications started to occur regularly at Woodhull Medical Hospital, the system was so dysfunctional that cases went unreported. It took the death of a mother for the administrators of the hospital to notice the pattern.

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The intersection where Fruchter was struck by the car

Norman Fruchter died from his injuries after being struck by a car near his home earlier this month. Street safety activists as well as grieving family members and friends gathered yesterday night in Bay Ridge’s Owls Head Park to honor the life of  the legendary education reformer and civil right activist. The vigil was also attended by Senator Andrew Gounardes, Comptroller Brad Lander and Council Member Justin Brannan.

The driver who killed Fruchter was backing up the wrong way

Norman Fruchter died on January 4th after two weeks of pain and suffering. The accident occurred on December 22nd. Fruchter was crossing 68th Street from Owls Head Park to get to Bliss Terrace where he lives, when he was struck by a careless driver who was speeding in reverse the wrong way on 68th street. The driver backed up over him and then allowed the car to roll forward, striking the pedestrian again.

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Glenwood road and Flatbush where the MTA accident occurredA MTA bus driver fatally struck a pedestrian in Brooklyn, NYC. The bus accident occurred at the intersection of Flatbush Ave and Glenwood Road in Flatbush around 6:15 PM last Thursday.

79 year old Loraine Hector was in the crosswalk when the MTA bus driver made a left turn and struck her. The bus driver remained at the scene of the accident and so far was has not been charged. Loraine Hector who lived 500 feet away from the accident scene suffered a severe head trauma. She was still alive when she was transported to the hospital but died later on from her injury.

According to the NYPD, the bus driver made a left turn from Flatbush Avenue onto Glenwood Road when he struck the victim. Read more in the Brooklyn Paper

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Another cyclist was fatally struck by a tractor trailer in NYC on Wednesday. The tractor trailer was on a non truck route. The victim was identified as 25 year old Kala Santiago, a mother of 2 children, 2months and 1 and half year old. She was on her way to work and was riding her bicycle on Parkside Avenue near Parade Place in the vicinity of Prospect Park when the fatal accident occurred.

Truck driver blames the victim even though he failed to yield to her

So far the police did not charge  the truck driver who was identified as Saeed Ahmed. He told the police that the cyclist fell under his truck after she hit a vehicle parked on the side of the road. He also said he saw the cyclist in front of him and she seemed nervous. The driver also told Liam Quigley from the NY Daily News (see twitter post below) that he saw the cyclist and overtook her but stopped as soon as he saw she fell under the wheels of the truck.  Pictures of the accident seemed to indicate that Kala Santiago might have been crushed between a parked truck on the right side and the tractor trailer on her left side. Another surveillance video shows that the tractor trailer failed to yield to her and overpassed her with oncoming traffic in the other direction. As a result there was not enough space and the cyclist might have been crushed between the two trucks.

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A reckless truck driver fatally struck a NYC pedestrian as he was in the crosswalk with the light in his favor. The truck accident occurred early morning  around 6:30 am on October 4th.

63 year old Benjamin  Berger was crossing the street at the intersection of Flushing Avenue and Bedford Avenue. He was in the crosswalk with the greenlight in his favor when a box truck turning left from Flushing Avenue onto Bedford Avenue literally rolled over him. A surveillance video posted by Williamsburg News shows the truck turning recklessly without slowing down and driving over the victim.  When  paramedics arrived at the scene of the accident they found the victim dead with severe body and head injuries. The man was living just a block away.

The driver was identified as 44 year old Torriez Bailey from Maryland. He was arrested by the police and charged with failure to use due care and failure to yield to a pedestrian.

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