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 Wrongful Death

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carbon monoxide danger signA couple died from carbon monoxide poisoning in New York last Sunday.

71 year old Doris Crawford and 80 year old John Crawford were found dead in their Harlem home On Easter Sunday morning by their daughter and her husband.  After her parents didn’t answer the phone, she and her husband went to check on them. They were supposed to go together to church for the Easter service.  The daughter told investigators that she smelled gas as soon as she entered the apartment. She and her husband found her dad lying in his bed in a pool of vomit and her mother siting in a chair in front of the tv. Both were dead. The oven was turned on but there was nothing inside it.

According to an ongoing investigation, The FDNY found a carbon monoxide detector without batteries on a table inside the apartment where the couple lived. Investigators suspect that the couple didn’t realize that their apartment was filling with CO2. They also suspect that the couple took the batteries out of the detector because the device started beeping. According to their neighbors, maintenance workers had just replaced smoke and CO2 detectors a few weeks ago in the building. Therefore the couple may have thought a defective detector was installed in their apartment and removed it.

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The truck driver who fatally struck a bicyclist may face criminal charges. The NYPD Collision Squad Investigation told the media yesterday that they are planing to recommend criminal charges against the truck driver who killed 31 year old Kelly Hurley. The woman was riding her bike through the intersection of First Avenue and East 9th Street when she was hit by a box truck making a left turn. Both the truck and the bicyclist had the green light.This type of intersection is called a “mixing zone” intersection. According to the NYC traffic law the bicyclist had the right of way. The truck driver failed to yield and struck her. According to the Collision Squad Investigation the woman tried to avoid the truck by dismounting her bike but she couldn’t avoid it. (Read more in DNA)

A few days ago, comments by a NYPD representative who blamed the victim and cops being seen ticketing bicyclists a lock away from the fatal crash outraged bicyclist advocates. (See previous blog)

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Kelly Hurley, The 31 year old woman who was critically injured in a bicycle accident in New York (see previous blog) didn’t survive her injury. She was taken off life support a few days ago and passed away.

Kelly was heading North on First Ave in Manhattan when a truck making a left turn onto East 9th Street hit her. She had the right of way. Despite violating the right of way law, NYPD announced today that they only issued a summons to the driver for “not having a cross over mirror”. The police also blamed the victim and said that “the victim sadly slipped off her bike”. (see DNA info)

The police were observed ticketing bicyclists one block away from the fatal accident scene.  (see the Gothamist)

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Location of the fatal New York Construction AccidentA man died in a construction accident in New York yesterday morning. According to Rick Chandler, New York City Building Commissioner, the death was completely preventable.

The fatal fall occurred around 11:00 am yesterday on a construction site located at 1604 Broadway, near West 49th Street in Time Square, New York.

59 year old Jose Cruz, a native of The Dominican Republic living in Sunset Park, fell 18 feet to his death from an I-beam near the second floor. The accident occurred as he was helping remove part of a steel deck from a slab. Despite working at heights he wasn’t wearing proper fall protection equipment.

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An 87 year old pedestrian who was hit by a SUV in New York a few weeks ago died from his injuries yesterday according to the police. The man was crossing Grand Street in the Lower East Side around 6:40 pm on March 7th when he was hit by a SUV.  The pedestrian was first hit by the front bumper. He then slammed into the windshield and collapsed. He was rushed to the hospital where he died from his injuries 20 days later. Read more in the NY Daily News 

During the winter months when the sun goes down around 4:30 pm in New York, statistics show an increase of 40%  in pedestrian fatalities. Pedestrians killed are mostly seniors. In an effort to reduce these fatalities, Vision Zero launched the Dusk and Darkness Safety initiative last November.  Over the 3-month period of November 2016, December 2016 and January 2017, 39 pedestrians died in car accidents, compared to 46 for the same period a year earlier, 28 for the same period two years earlier and 54 for the same period three years earlier just before the launch of Vision Zero.

If we compare the recent numbers to a year before, statistics show a decline. However if we compare the same numbers to two years before, the number of fatalities increased despite the Dusk & Darkness Safety Initiative. Too many elderly pedestrians are still dying in traffic accidents and more needs to be done to protect them.

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accident scene1 person died and two people were injured in a truck accident in New York early Monday morning.  Around 2:20 am, 23 year old Sandhu Simranjeet Singh from Durham, NC was driving a tractor-trailer, heading west on the Cross Bronx Expressway. As he was near the George Washington Bridge he lost control of his truck and slammed into a car. He then fled the scene of the accident leaving behind him 3 critically injured people. The reckless drunk truck driver was later caught by the police near the Vince Lombardi Rest Stop. He was arrested and charged with drunk driving.  The 3 occupants of the car had to be pulled out of the mangled vehicle by the emergency responders. They were transported to the hospital. The driver, 25 year old Caeser Contreras, didn’t make it and was pronounced dead at the hospital. The two other passengers who were 28 and 39 years old were in critical condition.

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Construction_Accident31 people died in construction accidents in New York over the last 2 years. Injuries from construction accidents recorded by the New York City Department of Buildings increased by 250% from 2011 to 2015.  The recent construction boom in the city has contributed to this increase in hard hats deaths and injuries.

In a recent opinion in the New York Times, Dominique Bravo, director of Pathways 2 Apprenticeships, expressed his outrage at the laissez-faire attitude in regards to safety regulations in the New York construction industry. Bravo notes that while the number of construction permits issued by the DOB increased by 18% between 2100 and 2014 the number of OSHA inspectors in New York State decreased by 13% during the same period of time. They are only 71 OSHA inspectors for the entire State of New York.

INADEQUATE FALL PROTECTION IS THE MOST COMMON VIOLATION

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bicycle-and-truck-accident-locationA bicyclist was fatally struck by a cement truck in New York last Thursday. The bicyclist was heading to the Greenway and was in the crosswalk of the West Side Highway at the intersection of West 55th Street. The cement truck was driving west and was making a right turn onto the West Side Highway when it struck the victim. The driver stayed at the scene of the accident. He hasn’t been charged so far. It is not clear yet if  he failed to yield to the bicyclist. The bicyclist was found by the police unconscious at the scene of the accident with severe head and bodily trauma.

According to the Gothamist, so far this year the police recorded 21 crashes at this location with 5 people injured in 3 of them. The previous year there were 20 crashes at this intersection 4 resulting in injury. Among the people injured was another bicyclist who had been struck by a car.

 

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fatal truck accident locationA woman was fatally struck by a truck in New York on Friday afternoon. The 57 year old pedestrian was crossing 39th Street and 10th Ave when she was hit by a truck. The truck driver was travelling North on 10th Ave and was making a left turn on 39th street (see picture) when the accident happened.  The driver identified as 28 year old Clyburn Rance stayed at the scene of the accident. He was later arrested by the police.  He was charged with failure to yield to a pedestrian, failure to exercise due care, and failure to adhere to the highway law.

At the beginning of November, a campaign entitled “Dusk and Darkness” was launched in New York City to inform drivers and pedestrians about the increased risk of accidents during fall and winter darkness. During the 3 months following daylight saving time, twilight sets around 4:30 pm in New York City.  Between 5:00 pm and 7:00 pm when most commuters are coming out of work, the streets are already dark. The risk of accidents increases as visibility decreases and a higher number of pedestrians hit the streets of New York City.  Recent statistics show that 6 out of 9 pedestrian accidents during the 3 months following daylight saving times occur after sunset.

The intersection of 10th Ave and 39th street is extremely busy on Friday around 5:00 pm as it is located next to the entrance to the Lincoln Tunnel to New Jersey.

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carlos moncayoForeman Wilmer Cueva negligent act caused the death of New York construction worker Carlos Moncayo. Wilmer Cueva, a foreman for Sky Material, an excavation company, was supervising work at a construction site located on 9th Ave in the Meatpacking District in Manhattan.

As the excavation of the site was progressing, Cueva received repeated warnings of imminent danger by an inspector. The trench that had reached 7 feet was not reinforced as it should have been. The NYC construction code requires that any trench reaching 5 feet be reinforced. Cueva ignored the warnings and the code and asked workers to continue to excavate.

The trench was 14 feet and still wasn’t reinforced when it collapsed on Carlos Moncayo. The accident was foreseeable and preventable and Wilmer Cueva acted in a criminal manner. He was was convicted of Criminally Negligent Homicide and Reckless Endangerment by a York State Supreme Court jury. He will be sentenced in December.