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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New York CyclistsAfter a high number of deadly pedestrian and bicycle accidents in New York City, especially in Brooklyn, last year, Brooklyn District Attorney Eric Gonzales decided it was time to do something about it. The DA just announced that he has created a new unit that will be dedicated to investigate any fatal motor vehicle accident occurring in Brooklyn. Now anytime a motor vehicle accident involves a fatality not only the NYPD investigation squad will  investigate the accident (if they show up ) but also a prosecutor from the DA’s office will rush to the scene of the accident. The prosecutor will run his or her own investigation speaking to witnesses, collecting evidence, documenting and drafting warrants to collect evidence.This measure will hopefully bring more justice to the victims of reckless drivers who are too often being let go by the police with no charges.

Botched police investigations and poor follow up on deadly traffic accidents are common in New York City

In most accidents, including those in which people are killed, drivers are usually getting a free pass except if they were driving under the influence or if they committed an extremely reckless act.  With the new DA unit it will not be the case anymore in Brooklyn, not only drivers will be held accountable with detailed investigations but the unit will also work with lawmakers to pass new laws against reckless driving.

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accident sceneA NYC pedestrian was fatally hit by a car in front of his house on Saturday evening.  50 year old Jose Barrera, a construction worker and father of 4 was killed by a car in front of his 6 year old daughter. Barrera was working 6 days a week and Saturday was his day off.

The accident occurred on 39th Street between Fort Hamilton Parkway and 10th Avenue in Brooklyn in front of his house. Barrera had just returned from grocery shopping at Cosco with his daughter and he was planning to cook for his family at night. He parked the car, carried his 6 year old daughter to the stoops and sat her there while he was unloading the car. As he was on the sidewalk carrying groceries, the driver of a 2014 Nissan Sedan lost control of his vehicle and hit him. Barrera was found by his wife laying on the ground covered in blood after she ran outside when she heard her 6 year old crying hysterically. When the ambulance arrived, it was already too late, They took him to he hospital but he could not be saved.

The driver identified as 21 year old Kareem Denton stayed at the scene of the accident. Denton and his passenger were both wearing work clothes from the Maimonides Medical Center. Police found Marjuana in the car and took Denton to the police station to be tested on suspicion that he was driving under the influence. Denton passed the test and was released a few hours later. He received a summon for Marijuana possession. No other charges were pressed against him.

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location of the pedestrian fatality Bronx NYCThe number of pedestrian fatalities in New York City which had significantly decreased during the coronavirus lock-down peaked back up as soon as the city started to reopen.

Yesterday night around 9:30 pm a 50 year old man who was crossing the street at the intersection of Beach Avenue and Mansion Street in Parkchester was fatally struck by a hit-and-run driver.  The man was rushed to the hospital but he could not be saved.

The Police are still looking for the driver who recklessly killed the pedestrian and sped away behind the wheel of a SUV. According to the police the driver was chasing another car when the accident occured.

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location of the deadly car crashTwo people died and 6 people were injured in car crashes in New York City in less than 24h. As New York is reopening, the number of car accidents which had significantly declined during the lock down are expected to rise again.

The first car accident occurred on Sunday night around 11:20 pm in Pelham Bay Park in the Bronx. The 35 year old driver of a 2010 Toyota Camry lost control of his car as he was driving in the westbound lane of City Island Road near the intersection of Shore Road.  He rear ended the car in front of him, a 2014 Infiniti Q50 driven by a 27 year-old driver. The driver of the Infinity crashed into the rear of another car in front of him, a 2008 Toyota Highlander driven by a 51 year old man. The Camry careened into the eastbound line and hit a 2016 Jeep Grand Cherokee driven by a 44 year old man and a 2010 BMW X5 driven by a 41 year old man.

The driver of the Camry died at the scene of the accident. A 34 year old woman, who was sitting in the front seat next to him was rushed to the hospital in critical condition.  5 more people were taken to the hospital, they were occupants of the Infinity and the Jeep. The occupants of the BMW, which was the last car to be struck declined medical attention.

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speeding problems in NYCA 21 year old man was killed in a car crash in New York City after a 20 year old unlicensed driver blew a stop sign and struck him. 20 year old Satesh Permaul was driving his car on 107th Avenue in Ozone Park, Queens, when 21 year old Christopher Garcia sped through a stop sign at 109th Street and crashed into his car. The young men were both from the neighborhood and knew each other from school. Garcia didn’t have a drivers license. Shortly before the accident occurred he called his girlfriend to tell her he was looking for a parking space according to the Daily News. The girlfriend also told the News that Garcia was teaching her how to drive and explained to her how to wait 3 seconds at a stop sign before slowly crossing. Surveillance video show Garcia completely ignoring the stop sign and crashing into Permaul’s car at full speed. Permaul was transported to the hospital but he didn’t survive his injuries. The police took Garcia into custody and charged him with aggravated unlicensed operation of a motor vehicle. (Read more in the NY Daily News )

Speeding is spiking in the City

With less traffic in the streets because of the pandemic, speeding has been spiking all over the city. In New York City, on March 27,  24,765 speed camera tickets were issued compared to 12,672 tickets daily a month earlier.  On Twitter NYC Councilman Justin Brannan said “Yep. Now that the streets are empty, the Fast & Furious wannabes really think they’re living in a video game. The sounds of cars and motorcycles racing on the Belt Parkway in #BayRidge have become a scary lullaby.”

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location of the child pedestrian accidentA 7 year old male pedestrian was fatally struck by a car in New York City on Thursday.

Payson Lott was walking to school with his mom. They were in the crosswalk with the light in their favor at the intersection of Blake Avenue and Pennsylvania Avenue when a Jeep recklessly struck them. Payson died in the accident. Her mother Shadeen Lott suffered personal injury.

RECKLESS DRIVER

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location of the bus accidentA 10 year old girl was fatally struck by  a school bus in New York City. The accident occured yesterday morning at 6:45 am at the intersection of Crescent Street and Wortman Avenue in the East New York area.

10 year old Patience Heaven Albert was walking to school with her 15 year old brother. They were in the crosswalk when an empty school bus made a right turn from Crescent Street onto Wortman Ave and struck the young girl. The intersection of Crescrent Street and Wortman is a residential intersection with a four-way stop sign.

Reckless bus driver charged and suspended

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trucks-kills-cyclist-tweetA cyclist was killed in a truck accident in NYC last week.

41 year old Pedro Lopez is the first cyclist to die in a traffic accident in New York City in 2020. He was killed by a reckless truck driver who was making an illegal U-turn at high speed on Vandervoort Avenue in Brooklyn. The accident occured on Thursday around 2:40 pm. The cyclist was rear ended by the truck. He was rushed to the hospital where he later died from his injuries.

Despite a video showing the recklessness of the truck driver, the police didn’t charge him

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Third-avenueTo reduce pedestrian and cyclist fatalities caused by cars and trucks on two of the busiest and most dangerous avenues in Brooklyn, the NYC DOT announced that the maximum speed limit was lowered from 30 mph to 25 mph. New signs are up and speed cameras have been re-calibrated on Third Ave and Hamilton Avenue in Brooklyn. The DOT decided to take action after 6 people including 3 cyclists and 3 pedestrians died in traffic accidents on Third Avenue last year. Two of them were killed in the same week in December.

The area around Third avenue and Hamilton Avenue has been changing a lot in the past years with more and more residential properties being developed. However there are still a lot of trucks coming in and out of the Gowanus, making the area particularly dangerous.

Half of the 2019 fatalities involved trucks

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private-sanitation-truck-accidentA pedestrian was killed by a hit and run NYC private sanitation truck Thursday morning around 4:00. The accident took place on 86th Street and Bay Parkway in Bensonhurst, Brooklyn. According to the NY Daily News, 67 year old Deborah Mutell was found by the police lying in the street with her body split in two. She was pronounced dead at the scene of the accident. Investigators believe that after she was hit by the truck, she fell under the wheel and was dragged several feet until her body fell in pieces from the undercarriage of the truck. Investigators are still searching for the truck. Last week another sanitation truck killed a young boy and critically injured his mom.

A new and upcoming Citywide commercial waste zone system is expected to result in creating a safer environment for workers and the public alike

Sanitation trucks, especially those belonging to private companies are often very dangerous to pedestrians. Private carting companies have a bad reputation. They often operate with a blatant disrespect for the safety of their workers and of the public as well. Currently, around 90 private sanitation companies service customers all around the city. As a consequence, more than 50 individual carting companies may service a single neighborhood every day. This system not only put workers and pedestrians in danger but also pollutes the environment. It will be replace next year  by a new system.  A  Commercial Waste Zone Bill was passed a few months ago and is expected to improve work conditions, reduce pedestrian accidents and decrease pollution.

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