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 new york pedestrian accident

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location-of-the-deadly-pick-up-truck-accidentA 67 year old pedestrian died from injuries sustained in a pick-up truck accident in New York.  On Saturday August 10th around 9.00 pm, Melissa McClure was in the crosswalk next to her sister at the corner of 15th Street and 6th Ave in Manhattan when a Chevrolet Silverado making a left turn slammed into them. Both women were transported to the hospital. The sister, 59 year old Dorry Chitwood who was visiting from Georgia, suffered a cut in the back of the head. She was treated at the hospital and released shortly after. Melissa sustained major head trauma during the accident.  After she arrived at the hospital, she was put on life support. She never woke up and died from her injuries almost a week later. Melissa who’s nickname was Missy, lived in Chelsea with her two cats. Her sister was visiting from Georgia. After her return flight was cancelled she decided to stay with her sister for an extra night. Both women were on their way for a dinner in Chinatown when the accident occured. The driver of the pick up truck stayed at the scene of the accident.

Dangerous Avenue

Busy 6th Avenue is dangerous for pedestrians and bicyclists alike. In June Robyn Hightman was riding her bike when she was fatally stuck by a truck near the intersection of 6th Ave and 23rd Street.  Then at the beginning of August another Chelsea resident, Michael Collopy, died after he was hit by a bicycle. Since January 2016, 18 pedestrians and 15 drivers were injured at this specific intersection.

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NYC Personal Injury Lawyers Howard Hershenhorn and Diana Carnemolla

Congratulations to our partners NY Personal Injury Lawyers Howard Hershenhorn and Diana Carnemolla as well as their legal assistant Richard Soldano, for obtaining the Highest Jury Verdict in New York State in 2018. This verdict is also the 25th highest jury verdict in the entire country for 2018.

NY #1 Verdict In Sipher v. Twin America LLC, the jury awarded $85 million to a pedestrian who was ran over by a red double decker sightseeing tour bus in New York. The verdict was delivered on December 4th 2018 after a week trial during which Howard Hershenhorn and Diana Carnemolla tried the case on behalf of the injured plaintiff before the Hon. Barbara Jaffe in New York Supreme Court. The jury awarded to the victim $45 million for past pain and suffering and $40 million for future pain and suffering.

The accident occurred on July 3rd 2015 in downtown Manhattan. The victim was crossing 6th Avenue in the crosswalk with  the light in his favor when he was struck by a sightseeing bus making a left turn from West 4th Street onto 6th Avenue.

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Location of the fatal pedestrian accident Little Italy New YorkA pedestrian was fatally struck by a taxi in New York on Saturday afternoon. The accident occurred on a busy and sunny Saturday afternoon in Little Italy, Downtown Manhattan. Around 4:00 pm a woman in her 80ies whose identity wasn’t revealed was crossing Broom Street in the crosswalk when a taxi making a left turn from Center onto Broom Street struck her. She was rushed to the hospital with severe personal injury. She was pronounced dead when she arrived there.

The cab driver, 44 Bouchouata Miloudi, stayed at the scene  of the accident. He was charged with failure to yield to a pedestrian and failure to use due care.

https://www.youtube.com/watch?v=3Oz_3NPX_DI

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Donna Sturm was killed by a cyclistDonna Sturm, a pedestrian who suffered traumatic brain injury after being struck by a bicyclist in midtown Manhattan almost two weeks ago died from her injuries over the week-end. Donna was left in a coma since the accident that occurred on April 24 around 1:00 pm. The 67 year old woman was coming back from lunch and was crossing 57th Street between Fifth and Sixth Avenues when  a bicyclist identified as 40-year old Damian Dewart recklessly ran the red light and struck her. (see our previous blog for more details on the accident)

Our managing partner, New York Personal Injury Attorney Ben Rubinowitz who is representing the family of  Donna Sturm  issued the following statement on behalf of the family:

Donna Sturm was a vibrant, energetic and wonderful woman who died as a result of carelessness and negligence.

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West 57th street between 5th and 6rth AveA pedestrian suffered a traumatic brain injury  after being struck by a cyclist in Manhattan last week. 67 year old Dona Sturm just had lunch and she was crossing west 57th Street between Fifth and Sixth Avenues around 1pm when the accident occurred. As Dona was in the crosswalk, a cyclist blew the red light and collided with her. The impact was so intense that both of them fell on the ground. The cyclist was ok but the woman was lying on the ground with a bleeding skull fracture. She was rushed to the hospital and was diagnosed with traumatic brain injury. She is now in stable condition according to her husband.

The cyclist, 40 year old Damian Dewart stayed at the scene of the accident. He told the police that his brakes were not working proprely. The police gave him a ticket for a red light violation. In the days following the accident, the police were seen cracking down on cyclists in the area. 57th street is a very busy street in Midtown Manhattan and people working in the area have been complaining about cyclists zipping dangerously between pedestrians.

In a statement the employer of Dona Sturm wrote : “All of us who live or work in New York City do so at our peril because of bike riders speeding through intersections and often going against traffic on one-way streets. Bicycles should have a license plate to create accountability for the riders. We pray that Donna will fully recover from this tragedy.”

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141street-and-AmsterdamA pedestrian was killed by a hit and run driver in New York on Friday. 26 year old Erica Imbasciani was fatally pinned against a parked car by a speeding hit and run driver on 141st Street and Amsterdam on Friday night. The driver was caught by the police and identified as 27 year old Tyrik Cooper.  The police alleged the driver was on drugs and he was slapped with numerous charges including driving without a license, leaving the scene of an accident and vehicular manslaughter.  The young female pedestrian suffered massive head and body trauma. She was rushed to the hospital but didn’t survive.

Community Board  opposed Vision Zero  street safety redesign

The accident occurred in an area that had been targeted by Vision Zero for a safety street redesign as early as March 2017 that had been opposed by the community board. On March 2017, the DOT presented a proposal to the Community Board 9 to eliminate one through lane in both directions and add an unprotected bike lane as well as other traffic calming measures such as left turn treatments and pedestrian islands on Amsterdam Avenue between 113rd Street and 162nd Street. The street redesign was proposed after statistics indicated that the area was particularly prone to speeding and reckless driving. Four pedestrians were killed and 28 of them were injured on this street segment between 2010 and 2014. An additional 8 people were  also injured in bicycle accidents during the same time and in the same area.

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NYC Personal Injury Lawyers Howard Hershenhorn and Diana CarnemollaCongratulations to our partners Howard Hershenhorn and Diana M. A. Carnemolla who obtained an $85 million Verdict for a man who was struck by a red double decker sightseeing tour bus owned and operated by Twin America, LLC, Gray Line Corporation, Gray Line New York Tours, Inc. Coach USA, Citysights LLC, Citysights New York LLC, and Calvin C. Wright, while crossing the street.

The plaintiff who was 54 years old was ran over by a red double decker sightseeing tour bus on July 3rd, 2015.  At the time of the accident, it was a sunny Friday afternoon. He had the walk signal in his favor when a 13 ton double decker sightseeing tour bus attempted to make a left turn from West 4th street onto 6th avenue striking him. He suffered serious injuries.  As a result of the crash  he spent 78 days in the hospital, having 9 operations. He also had two additional operations after he was discharged from the hospital.

Bus Accident NYPD Highway Patrol

$45 million for past pain and suffering and $40 million for future pain and suffering

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A pedestrian was killed and six other were injured by a reckless driver on Canal Street in Chinatown, New York last week.  A surveillance video of the accident shows 70 year old Henry Herman of Monroe, NY, backing up for at least half a block and then crashing into pedestrians on the busy sidewalk near the intersection of Forsyth and Canal Street. People were in shock as was the driver. He came out of his car, checked on the people he hit and said “My god” according to a witness. It was raining at the time of the accident and it may have affected the driver’s vision. The police believe the driver was accelerating into a parking spot and he might have lost control and jumped the curve. He was arrested and charged with failure to yield to pedestrian and failure to exercise due care.

56 year old Chun Deng Zhang from Queens died in the accident. Two other people were critically injured. Four others suffered non-life threatening injuries.

See video surveillance in the NY Post

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New York Pedestrian Accident Lawyer Rachel JacobsNYC pedestrian accident attorney james rubinowitzTwo of our young NYC personal injury attorneys, Rachel Jacobs and James Rubinowitz, were invited last Monday night to share their skills with the students of the Cardozo Law School’s Intensive Trial Advocacy Program (ITAP). During this two-week immersion program, students are taught cutting-edge strategies for courtroom litigation under the instruction of leading jurists and lawyers from across the country. The program is a cornerstone of Cardozo’s practical skills curriculum.

Rachel and James just finished a trial during which they represented the four adult children of a 90 year old pedestrian who was fatally struck by a motor vehicle as she was crossing a street in New York City.  They presented to the students of the Intensive Trial Advocacy Program (ITAP) the opening statement and the summation that they gave to the jury at trial.

The pedestrian suffered excruciating pain and suffering before she died

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Last Halloween, a terrorist driving a rental truck plowed into bicyclists and pedestrians on the Greenway bike path along the West Side Highway near Battery Park. In his act of terror, Sayfullo Saipov killed 8 people and injured 13 others after he entered the bike path  North of Chambers Street and drove 14 blocks down the path, striking bicyclists and pedestrians on his way.  The police were able to stop him after he slammed into a school bus at the Chambers Street intersection and tried to run away on foot.

According to the authorities, Saipov was inspired by the Islamic Sate group when he committed his act of terror. He is now behind bars and held without bail. He pleaded not guilty but the federal prosecutors announced on Friday that they are seeking the death penalty which is extremely rare in New York. The last time it occurred was in 1953 for Julius and Ethel Rosenberg.

Our firm represents most of the victims of the terror attack and while this decision by the  federal prosecutors will satisfy the families of the victims it will never make up for their losses.

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