New York Wrongful Death

Published on: February 26, 2015

The National Transportation Safety Board just released a preliminary report on the fatal Metro-North train accident that happened 3 weeks ago

A preliminary report related to the accident between a northbound Metro-North Railroad passenger train and a 2011 Mercedes Benz ML350 sports utility vehicle (SUV) that killed six people in Valhalla, NY was published a few days ago by the National Transportation Safety Board (NTSB). The accident happened on February 3rd 2015 . The report indicates that witnesses saw the SUV stopped on the railroad crossing before the gate went down. As the gate lowered it fell on the back of the car. The driver exited the car, looked at the back and went back in the car. She then proceeded to drive forward when she was struck by the train. The driver of the train operated the emergency brake 300 feet before the collision and hit the SUV at a speed of 49mph. As the train and the car continued to travel northbound, a dozen large pieces of the electrified third rail detached, piercing the SUV, tearing into the first passenger car in two locations and setting it on fire. The preliminary report doesn’t provide any information on how and why the third rail pieces were able to detach. Furthermore according to the NTSB the warning lights, alarms and gate arms were functioning however the accident has prompted new attention to the safety of such crossings around the New York City region. Read more in the New York Times

Published on: February 24, 2015

A pedestrian died after being struck by a hit and run driver in Queens, NYC, on Sunday night, that’s the second hit an run in Queens in one day

By GGCRBHS&M

A woman in her 2o’s was crossing the street at the intersection of 76th Street and Woodisde in Queens, New York City, on Sunday night when she was struck and killed by the driver of a box truck. The driver of the truck hit the victim as he was turning onto Woodside Avenue but he didn’t stop. He drove away leaving the woman to die in the street. A witness at the scene followed the box truck for a few blocks, stopped the driver and managed to hold him until the police arrived. The police arrested the driver, 27 year old Valentine Gonzalez and charged him with leaving the scene of an accident resulting in death and driving without a license. Earlier in the day in Queens another woman was struck by a hit and run driver (see previous post)

Pedestrian deaths are the perfect crime according to former New York Times executive editor Jill Abramson

By GGCRBHS&M

“Pedestrians vs. Cars: Manhattan’s Deadly Traffic Problem and What Can Be Done About It” was the subject of a discussion led two days ago by DOT Commissioner Polly Trottenberg, former New York Times executive editor Jill Abramson, councilmember Helen Rosenthal, Dana Lerner, and members of the NYPD at the New York Society for Ethical Culture. During the dicsussion Jill Abramson noted that most of the time when a driver kills a pedestrian, nothing happens, not even a ticket. The discussion also covered subjects such as grievance for families who have lost a loved one in traffic accidents, recent traffic accidents data and speed cameras.

Read more in the Gothamist
Picture: Right of Way

Published on: January 12, 2015

A hit and run driver who fatally struck a 44 year old female pedestrian in Harlem on December 31st just surrendered at the DA’s office

By GGCRBHS&M

28 year old Prezidor Porbeni surrendered and admitted that he fled the police after he fatally hit a woman with his SUV in Harlem, NYC, on New Year’s eve.

The victim, 44 year old photographer Guler Ugur-Yaacobi (see picture), was hit by the SUV near the intersection of W.113th St and Amsterdam Ave at the beginning of the evening on December 31st. The impact was so strong that witnesses said the woman was sent 80 feet down Amsterdam. She was pronounced dead when she arrived at the hospital.

Porbeni turned himself in after the police released surveillance video and asked the public to help them find Porbeni’s 2006 Land Rover. He was arrested and charged with leaving the scene of an accident resulting in death and driving with a suspended license.

Continue reading →

Published on: December 1, 2014

A boy and his dad who were injured in the Harlem gas explosion say thank you to the rescuers, doctors, neighbors and strangers who helped them

By GGCRBHS&M

16 year old Oscar Hernandez suffered severe personal injury and his mother and sister died in the Harlem gas explosion that destroyed a building on E. 116th street in Harlem, NYC on March 12th this year. The young man spent 11 days in a coma and when he came out of the coma, he needed several surgeries that kept him in the hospital until June 27th. Oscar, his dad and his little sister are the only members of the family who survived the gas explosion. On Thanksgiving all three are happy to be alive and thank all the people who helped them.

Man died in New York Subway accident

By GGCRBHS&M

A man was fatally struck by a subway after he fell on the track in the Bronx, NYC, last week. The victim was hit by the southbound 6 train at the St. Lawrence Ave. station about 6:15 a.m., officials said. The police are still investigating the cause of the accident.

The NYC Department of Buildings is not doing enough to prevent dangerous crane accidents and other construction accidents

By GGCRBHS&M

After two fatal crane accidents killed several people in Manhattan in 2008, 65 safety fixes were identified by consultants but only 8 (12%) of them were implemented, 17 (26%) were partially implemented, 18 (28%) were in progress and 22 (34%) had not been implemented according to a recent audit by New York City Controller Scott Stringer.

In 2008 the Building Department paid CTL Engineers & Construction Technology Consultants $3.9 million to prepare proposals on how to improve safety at New York construction sites and avoid catastrophic crane accidents such as the collapse of a 300-foot crane that killed 7 people on East 51st Street in Manhattan or the collapse of another crane that killed two construction workers 2 months later. The consultants provided a list of 65 recommendations and were paid another $1.9 million to assist the DOB with the implementation of these recommendations. They were supposed to have 49 of the 65 changes implemented in the next two years but they fell far short of that according to Stringer’s investigation.

The audit identified serious weakness in the New York Cit Department Building Oversight that costed tax payers million of dollars.

Continue reading →

Published on: September 1, 2013

New York Premises Liability: Woman hit by a car after after club security staff create panic among patrons

By GGCRBHS&M

A woman was struck and killed by a hit and run driver in the Bronx, New York, yesterday night after a a club bouncer asked everybody to exit the club because someone had a gun. Over a hundred patrons started to run out of the club and poured across the street in a panic. As she was running away, a young woman was struck and killed by a car who sped away without even slowing down.

Nightclub owners are responsible for providing adequate safety for their patrons. This includes the responsibility to hire an adequate number of properly trained security employees who can monitor the crowd in any type of situation and are able to act effectively when problems arise. In this particular case, the security staff seems to have been completely overwhelmed by the situation. Therefore the club owner may be liable for negligent security.

Published on: July 6, 2013

New York Construction Accident: Man crushed to death by steel pipe

By GGCRBHS&M

A construction worker suffered fatal injury on Governor’s Island, New York. He and his son were standing next to a forklift that was unloading a heavy sewer pipe when a strap securing it broke. The 6000 pound pipe crushed the man to death in front of his son.

Read full story in Daily News.