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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parking garage collapses in NYCOn Tuesday afternoon, a parking garage on Ann Street in Lower Manhattan collapsed, resulting in the death of one person and injuring five others. The collapse caused cars to pancake on top of one another, sending rubble from the top deck down to street level. Videos and pictures from the scene showed the extent of the damage, with dust rising from the wreckage.

As premises liability attorneys in New York City, it is alarming to see accidents like this happen. It is the responsibility of property owners to ensure that their premises are safe for those who use them, including visitors and employees. The collapse of the parking garage raises questions about the safety measures in place, maintenance of the structure, and whether there were any prior warnings of potential issues.

The building had open violations dating from 2003

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location of the deadly e-bike accident in ManhattanA cyclist riding an e-bike was killed by a hit-and-run driver in Manhattan, early Sunday morning.  38 year old Carlos Garcia Ramos was riding his e-bike East on West 24th Street in Chelsea and had just crossed 7th Avenue when the driver of a black Infinity sedan rear-ended him.  The cyclist who suffered severe head and body trauma was rushed to the hospital but he could not be saved. After the accident occurred, the e-bike got stuck in the wheel of the car. Instead of assisting the cyclist, the driver left his car on the side of the road and fled on foot leaving the cyclist dying in the street. He was later on identified as 24 year old Edgar Maeda-Luca. He was arrested and charged with leaving the scene of the accident.  (Read more in the New York Post).

Crosstown streets are dangerous for cyclists as very few of them have protected bike lanes

In Manhattan while most avenues are now equipped with protected bike lanes, crosstown streets remain dangerous for cyclists.  Bike lanes are still rare on crosstown streets and most of them are unprotected. So far, according to a recent article in Streetopia, out of hundreds of them only 8 crosstown streets have a protected bike lane in Manhattan: 12th Street, 13th Street, 26th Street, 29th Street, 52nd Street, 55th Street, 61st Street, and 62nd Street.  According to NYC Crash Mapper, over the last 12 months and including Carlos Garcia Ramos, out of the 5 people who died in bicycle accidents in Manhattan, 3 of them died in bicycle accidents that occurred on crosstown streets, one of them on an avenue with an unprotected bike lane and another one lost control of his e-bike in a bike-lane:

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location of the deadly accidentA construction worker died after falling from a scaffold in Manhattan last Monday morning. The accident occurred at a residential building located at 263 West End Avenue, on the corner of West End Avenue and 72nd Avenue in the Upper West Side of Manhattan (see picture).

According to a preliminary investigation of the Department of Buildings, the 36 year old construction worker whose identity was not revealed, was installing netting on a scaffold at the 15th floor of the building when he fell to his death onto the sidewalk shed.  So far, the investigation of the DOB found that the worker did not receive site safety orientation before he started his work.

A full stop order was issued as DOB continues its investigation. The building owner, Riverside Towers Corporation, had an active work permit for façade repair and for the scaffold at the time of the accident. The  worker was employed by Rennon Construction and the General Contractor of the site is J&S Waterproofing. (read more in Construction Dive)

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Forsyth and Houston where the fatal hit and run crash occurred21 year old Andy Eduardo Gil was killed in a hit and run accident in Manhattan. The accident occurred on Houston Street at the intersection of Forsyth Street just one block away from where NYU student Raife Miligan was killed by a drunk driver  in May (see previous blog) and a few blocks away from where another hit and run driver killed 23 year old Borkot Ullah, a delivery cyclist in 2021. According to workers who were able to see a video surveillance of the accident, the car was speeding when the driver hit the pedestrian who was in the crosswalk.

According to a recent article in Transportation Alternatives, speeding is quite common on Houston Street. The speeding camera installed at the intersection of East Houston and Avenue C issued 18,870 tickets in the fiscal year of 2021 which is the equivalent of a ticket every 13 minutes of operations which is 6:00 am to 10:00 pm during weekdays only until August 1st. Starting August 1st speed cameras will be turned on 24 hours a day, 7 days a week in the city and hopefully will deter drivers speeding at night or during the week-end.

Houston Street is a very dangerous corridor of downtown Manhattan and Transportation Alternatives mentions that it was redesigned and the width of the travel lanes were enlarged which resulted in increased speeding.  The city promised in late 2020 to install “enhanced crossing” for pedestrians but so far nothing has been done.

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Raife fatally struck by drunk driverMichael de Guzman had a blood-alcohol content of .13 when he struck  and killed a pedestrian in Downtown Manhattan.

21 year old Raife Miligan was attempting to cross Houston Street near First Avenue last Monday around 2:45 am when the drunk driver fatally hit him.

According to an article published yesterday in the New York Post, just after he struck the student with his red Chevy Camaro, the driver told the police that he saw “a shadow running across the street” and while he tried to swerve to avoid it, he crashed into a Honda CRV and the divider. The officer who took the complaint wrote the following “I observed [de Guzman] ask the passenger of his vehicle if he hit the other car and the passenger stated to [de Guzman] in substance, no you just hit the guy, meaning the pedestrian,”.

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Another NYC pedestrian hit by an out of control driver died. A week ago, 38 year old Jennifer Tolliver was walking on a NYC sidewalk with her 6 year old son Ashton when they were struck in the back by an out of control driver who jumped the curb (see previous blog).  Tolliver and her son were rushed to the hospital in critical condition. The driver who hit them was also transported to the hospital. He was seriously injured but was in stable condition. Yesterday the police announced that Jennifer Tolliver died from her injuries leaving behind her son for whom the police did not provide an update. The police also confirmed that they did not charge the driver. At the time of the accident the police mentioned that the driver may have suffered a medical episode however they did not provide any update about it and what type of medical episode he may have suffered. Read more in the NY Post

In New York City one pedestrian dies approximately every 3 days in a car accident

According to the most recent NYPD statistics, 10 pedestrians died in car accidents in New York City in February and 11 in January for a total of 21 for the first two months of the year. This is the highest number of pedestrian fatalities for the first two months of the year since 2020 when 23 pedestrians died during the first two months of the year.

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Reckless driving  and speeding caused 6 people to die and several to be injured in multiple car accidents all over the city. On Monday early morning, around 2:00 am, a black BMW landed on the Amtrak tracks below the Henry Hudson parkway around 183rd Street. The driver lost control of the vehicle and went over the barriers of the highway. When the car landed on the tracks it exploded, killing the driver and the passenger. The police was seen at the scene investigating the accident while Amtrak published a service advisory signaling delays for the trains travelling between Pen Station and Albany.

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A 71 year old cyclist was fatally struck by a postal truck at the intersection of 86th Street and Central Park West in Manhattan, NYC.

Last Tuesday around 5:40 pm, Jeffrey Williamson, an avid cyclist, was commuting back from his work downtown to his house in the Upper West Side when a postal truck making a right turn from Central Park West onto the 86th Street traverse hit him. The cyclist, a marketing professional who was close to retirement, was in the bike lane when the truck struck him.

He was rushed to the hospital where he died a few hours later from body trauma. He leaves behind his wife, 68 year old Chris Brimer and two children.

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location of the fatal pedestrian and e-bike collisionA pedestrian died from his injuries after being struck by an e-bike in NYC. The accident took place on the Upper West Side in Manhattan. 71 year old Hing Chung, the manager of the Dim Sum restaurant Jing Fong, stepped on the bike lane between two cars and was hit by a 39 year old cyclist travelling North on the bike lane. The accident occurred a few steps away from his restaurant. The e-bike rider stayed at the scene of the accident and was not charged.

Hing Chung was hospitalized and later on died from his injuries at the hospital. The restaurant manager immigrated from Hong Kong more than 30 years ago and was a friendly and funny man who was loved by his clients and employees. (read more in the Gothamist)

3 fatal collisions between pedestrians and e-bikes in NYC since 2014

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location of the van accidentSeven pedestrians including two children were injured in a wild car accident in Manhattan last week. The accident took place on the Upper East Side, on March 5th, a little before 9:00 am. The 66 year old driver of a van lost control of his vehicle, striking a car on Second Avenue between 50th and 51st Street. The car went flying into the dining shed of Crave Fishbar, totally destroying it, while the van struck a food stand, a scaffolding structure and a traffic light post. Because it was early morning, the dining shed was empty however two young pedestrians, one 5 year old and one 7 year old, were injured by flying debris from the dining shack. The owner of the fruit stand as well 3 other pedestrians were also injured when the van crashed. The occupants of the car were the most seriously injured however none of the injuries were life threatening.

The driver of the van might have suffered a medical episode according to some media or might have been driving while intoxicated according to other media. The investigation is still ongoing. He was identified as 66 year old Noman Ahmed, a delivery driver for the Long Island based company Mega Elevator Parts. According to the Gothamist, the driver has been working with  the company for 20 years and never had any other incident.

https://www.youtube.com/watch?v=0W9jMmQxeOI