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 personal injury nyc

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NYC MTA Subway logoOne MTA worker was seriously injured and another one died in a subway accident in NYC yesterday. The two men were working on the southbound G train track between the Fort Hamilton Parkway and Church Ave. stations in Kensington, Brooklyn. A little after midnight, a train running on the track struck them both. Emergency workers rushed to the location of the accident. One of the workers, a 53 year old man was transported to the hospital in critical condition. He later died from his injuries. The other worker, a 49 year old man, was also transported to the hospital. He was seriously injured but in stable condition. It is not clear why the two men were working on the track when the  subway train was in service. Read more in the NY Daily News

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A construction worker suffered critical injury after he fell down an elevator shaft in NYC. The 42 year old man was an employee of Economy Elevator Inc. He was working on a construction site at 246 Johnson Ave in Brooklyn, NYC when he fell seven stories in the elevator shaft. Other workers who heard him scream came to the rescue and call the emergency medical workers. The workers was able to move his hands and his feet when the EMS put him on the stretcher. He was transported to the hospital in critical condition. According to DNA Info the worker was wearing a harness when he was found on the ground. However it is not clear if it was attached to anything at the time of the accident. Read more in DNA Info 

246 Johnson Ave is located at the corner of Bushwick Place near the Montrose L stop. In 2014 it was a one-story building that was bought by developer Moshe Silberstein. A residential building is now being constructed at this location. See below a picture of the building from Google map before development.

246 Johnson Ave

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3415 Neptune Ave street viewA baby girl died in an elevator accident in New York City on Thursday.  Her mother was also injured in the accident. She was expected to survive. Last  Thursday around 10:30 am, 21 year old Aber Al-Rabahi put her 6 month old daughter Areej Ali in her stroller and headed out of her apartment for a walk. Aber Al-Rabahi and her daughter called the elevator on the 23rd floor of of the Sea Rise, a residential building located at 3415 Neptune Avenue, in Coney Island, Brooklyn. As the elevator doors opened, the mother pushed the stroller inside and walked in without  realizing that the car was stuck 6 feet below. The mother landed on the top of her daughter on the roof of the elevator. The elevator fell down eight stories where the the mom and her daughter landed on the roof. A maintenance worker who heard the mother screaming ran to the rescue. The mother and the infant were both transported to the hospital. The infant was pronounced dead on arrival at the hospital. The mother is expected to survive.

Neighbors told the NY Daily News that both elevators in the building were constantly having problems. On Wednesday night tenants complained that the elevator was not functioning proprely. A mechanic from Centennial Elevator Co. had arrived an hour before the accident. He was working on the elevator when the accident happened. Centennial Elevator has two open OSHA investigations . One of them is related to one of their employees who lost an arm  while repairing an elevator in New York City last May (see previous blog).

According to the Gothamist, this is the second time that someone was killed in an elevator accident at the Sea Rise Complex. In 1991, Chandler  Johnson bumped into the door of the same elevator. The door opened and Chandler fell to his death down the shaft. Since the young man died, there were 147 elevator violations in the building.

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the truck that struck the bicyclistA bicyclist suffered critical injury after being struck by a tractor trailer truck in New York City.  The accident happened yesterday morning around 7:15 am at the intersection of Jay Street and Tillary Street in Brooklyn. According to Streetblog the truck struck the bicyclist while making a right from Jay onto Tillary. The victim, a 35 year old man, got stuck under the truck.  His left leg was completely mangled and  he suffered massive head trauma according to the NY Daily News.  He was transported to the hospital in critical condition.

The truck driver stayed at the scene of the accident and hasn’t been charged. The truck was a tractor trailer truck belonging to Mountain Man Sand and Gravel. The truck was on an authorized truck road however it was larger than 55 feet long. Trucks larger than 55 feet long are only allowed in New York City if they transport material that is “non-divisible” and have special authorization. In the case of this accident, the Gothamist indicates that the truck was a Mac trailer Dump truck.  There is a high probability that the truck was not legally authorized to drive where the accident happened. This is the second time this year that a bicyclist has been struck by an over-sized truck driving in a pedestrians and bicyclists area. In April, a cyclist died after being struck by a tractor trailer truck which was illegally driving in a Brooklyn residential area (see previous blog).

Jay Street is considered one of the most dangerous streets for bicyclists in New York City. Recently, the DOT started to remodel the street and add protected bike lanes. However at the intersection of Jay and Tillary protective bike lanes are still nonexistent. Since the beginning of the year, 3 people were injured in bicycle accidents at this intersection according to Vision Zero Map. Also according to data from Transportation Alternatives there were 41 pedestrian and bicyclist accidents at this location between 2002 and 2011.

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25 people died and 5,383 were injured in motor vehicle accidents in New York City last August. During this month, the NYPD recorded a total number of 19,388 traffic accidents. Motor vehicle accidents have been on the rise in New York City over recent years. From 16,729 in August 2013 the number of accidents steadily increased to 17,000 in August 2014 and  18,862 in August 2015. A monthly record was reached last June with 20,362 accidents.

NYC traffic accidents August 2016
In an attempt to reduce the number of deaths related to these accidents, New York The de Blasio administration launched Vision Zero at the beginning of 2014. Since then, the number of fatal traffic accidents has been on a declining trend despite an increase in the total number of crashes.  After reaching a monthly record low of 11 in March 2016, fatal traffic accidents spiked again to 29 last June and 25 last August.

NYC traffic accident deaths August 2016
While Vision Zero may have helped in curbing the number of deaths on the road, the number of people injured in motor vehicle accidents in New York City continued to rise over in recent years. In August 2013, 4,846 people were injured in NYC traffic accidents. This number decreased slightly in 2014 to 4,445 before increasing again in August 2015 to 4,737 and reaching almost 6,000 in August 2016.

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daLeft turn accidents in New York City kill or severely injure pedestrians and bicyclists 3 times more than right turns. These findings are part of a study focusing on left turn crashes that was recently released by the NYC DOT.  As part of Vision Zero, the DOT carefully analyzed 1,105 crash reports over a period of 5 years.

The most dangerous intersections for left turns are those when a vehicle is turning left from a one lane and one way street onto a two way and two lane street wider than 60 feet. When a driver makes a left turn in this type of intersection, his visibility of pedestrians is limited. Additionally, the driver often pressured by traffic behind him, has to find gaps between the incoming traffic and the pedestrians crossing.

The study also found that victims of left turn accidents are mostly pedestrians with a median age of 67. They are most commonly hit by cars, vans or pickup trucks.

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NYC Construction accident injuries and fatalitiesConstruction accident injuries in New York are on the rise as the city is experiencing a boom in this industry. The de Blasio administration just released the Mayor’s Management Report that covers the fiscal year that goes from July 2015 to the end of June 2016. The report indicates that 526 construction workers were injured and 11 died in construction accidents in New York City during the last fiscal year compared to respectively 324 and 10 during the previous fiscal year. During the same periods of time the average number of employees in the construction industry in NYC went from 38,600 to 42,200. While the workforce on construction sites only increased by 9%, the number of injuries increased by 62%.  The number of fatalities increased by 10%.

These statistics only reflect accidents injuries and deaths that occurred after a violations of the city’s construction code. The real number of deaths that occurred on New York City construction sites during that time is 18 according to OSHA statistics (see previous blog). Therefore the real number of injuries related to accidents on NYC construction sites may be much higher than 526, not only because the city’s manner of reporting injuries is biased but also because  many injuries are simply not reported. Construction workers  are often pressured not to report injuries by greedy contractors who don’t want to see their insurance increase or be investigated by OSHA or the DOT inspectors.

To try to make NYC construction sites safer, de Blasio announced new safety measures at the beginning of the year. Among the measures, new inspectors have been hired to increase the number of sites inspections. Penalties for violations of safety standards increased from $2,400 to $10,000 and penalties for not having a supervisor on site from $5,000 to $25,000. Additionally after a giant crane crashed on pedestrians in lower Manhattan, the city ordered a special study to update the city’s crane regulations.

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NYPDAn NYPD officer riding his motor scooter fell and was injured after he was run over by an ATV rider. The man who ran over him was part of a band of a dozen motorcyclists. The cop and another colleague, on a scooter as well, were responding to 911 calls related to the bikers group riding near the Brooklyn Bridge Saturday around 5:30 pm.

According to the NY Daily News, the group of motorcyclists were riding dirt bikes and ATVs. As they passed the two cops on their bikes one of them fell. One of the ATV riders ran over him. The other cop fell off his bike as well while the whole band fled the scene of the accident.

Both cops were transported to the hospital to be treated for injuries.

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accident locationA 39 year old old man suffered critical injury after he was hit by car in the Bronx, NYC. The accident occurred Saturday night around 3:00 am on East Tremont Ave near Waterbury Ave. The driver of the car, a 28 year old man, remained at the scene of the accident. He was later taken into custody by the police after he was given a breathalyzer test.

East Tremont Ave between Williamsbridge Road and Bruckner Boulevard is one the most dangerous corridors in New York City. According to the NYC Department of Transportation, hundreds of people were injured in car accidents on this specific segment between 2009 and 2013. Among them, 21 people were severely injured or died. Speeding is a major issue in this wide corridor  with undefined moving and parking lanes. Crosswalks are mostly very long diagonals or are simply lacking, making it difficult for pedestrians to cross safely.

In 2015, as part of  the Vision Zero Initiative, the DOT proposed to the Community Board to re-engineer East Tremont Ave to make it safer (see DOT proposal here). The proposal included a reduction from 4 to 2 traffic lines with a center turn lane as well as the construction of pedestrian islands.  The proposal which didn’t include any bike lanes was turned down by the community board. However after a bicyclist died on this segment last June, the DOT by-passed the community board decision and confirmed it would implement the safety measures. (see more in Streetsblog).

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New York City has one of the highest rates of traffic fatalities and serious injury in America and in the World. When looking at deaths only, NYC has a lower rate of traffic fatalities than its American peer cities. However when compared to other international cities such as Hong Kong, London or Stockholm, New York is still lagging behind.

traffic fatalities and injuries rates for selected cities
It is time for New York to improve these numbers! The NYC Department of Transportation just released its Strategic Plan 2016. A lot of focus is being directed to traffic safety and protection of bicyclists and pedestrians but is it enough?

Vision Zero continues to be the main program in terms of safety. The goals of the strategic plan 2016 is to integrate the program across all agencies and to improve data and analytics  related to Vision Zero objectives.  Street engineering is planned to continue in every boroughs, on high crash arterial roads and on roads to schools or near senior centers. The campaigns of awareness and education will continue. Among the new initiatives, the DOT will focus on evaluating left turn safety plans and implement recommendations from a previous study on bicycle fatalities and injuries. The DOT will also try to expand the speed camera enforcement which has proven to be very successful. The DOT will also push for mandatory seatbelt use, tougher regulation for drugs while driving, better data sharing with The NYPD in regards to crashes and work on new technologies to reduce crashes.

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