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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A total of 11,176 people were injured in NYC crashes during the first quarter of 2023 according to monthly statistics from the NYPD including 809 cyclists, 2,163 pedestrians, 3,310 passengers and 4,894 motorists. This is compared to 10,501, 8,984, 12,997, 12,920, 12,608, 11,936, 10,805, and 11,676 during Q1 of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014 and 2013 respectively. The number of people injured in traffic accidents during Q1 of each year shows how injuries first declined after Vision Zero started in 2014 and 2015, compared to 2013, and then jumped again in 2016. The number gradually increased to pass 12,000 in 2017 and reach a record high of 12,997 in 2019 due to the increase in distracted driving accidents caused by cellphones and other electronic devices. Crash injuries dropped again in Q1 of 2020 and 2021 due to the decline in activity in the city caused by the pandemic, and gradually increased again in Q1 of 2022 and 2023 as the city gradually became more active again.

NYC auto accident injuries by category Q1 2023
Since Vision Zero started in 2014, the number of people dying in car accidents during the first quarter of the year has never gone back to 69, the number of crash fatalities reached during Q1 2013. However, after Vision Zero started, traffic fatalities reached a record high at 58 during the first quarter of last year and remained high during the first quarter of this year with 47 fatalities.

While the number of passenger fatalities dropped significantly from 17 to 6, the number of bicyclist fatalities reached a record high during the first three months of the year. The warm winter, the increased popularity of e-bikes, as well as the more intense truck traffic generated by internet shoppers, are among the factors that contributed to this explosion of fatalities among cyclists.

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deadly traffic accidentsThe recent string of pedestrian accidents in Queens and Manhattan over the last week-end is deeply concerning as it seems that every week-end in New York City a few more people are getting killed in traffic accidents. Our pedestrian accident lawyers  are not the only one to express concerns about the increased number of traffic deaths in New York City. In a recent column for the New York Times, Ginia Bellafante  point fingers at the increased number of traffic fatalities in the city and highlights the dangers of Atlantic Avenue. Confirming these concerns, Transportation Alternatives just released today its quarterly traffic fatalities report showing 51 people died in traffic accidents during Q1 including a record 9 bicyclists.

Last weekend’s carnage

The first accident involved a hit-and-run driver who struck and killed Darryl Younger, a Department of Education employee who was on his way to work as a school lunch loader and handler. The driver who struck him was traveling south on Jackson Ave. and is still being sought by police.

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leading causes of NYC construction accident fatalities
Last year’s construction worker fatalities and injuries reported in the NYC DOT “2022 Construction Safety Report” reinforce the importance of the New York Labor Law Section 240, also known as the “scaffold law” or “scaffolding law”, that holds owners and/or general contractors strictly liable for construction workers who suffer injury or died as a result of missing or inadequate safety equipment at elevated work sites.

The report highlights a significant increase in construction activity in 2022 in every neighborhood in New York City, especially in Brooklyn and Staten Island, with an 11% increase in initial permits for new projects and a 122% increase in initial permits for new building projects. The increase in new building permits is attributed to developers obtaining permits before the implementation of the 2022 NYC Construction Codes and the expiration deadline of the 421-a tax program. Additionally, there was a 15% increase in initial demolition permits issued and a 9% increase in the issuance of Final Certificates of Occupancy for completed projects.

The rise in construction activity in the city also led to a rise in accidents, with falls remaining the number one cause of fatalities in the NYC construction industry

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NYC Cyclists are at high risk of accidentsAs NYC bicycle accident attorneys, we are deeply concerned by the increasing number of cyclist deaths in New York City. According to the Department of Transportation, 10 cyclists have already died this year, which is a five-fold increase compared to 2022. This year’s grim death toll is unmatched since at least 2013, and it is alarming that the city is on pace to have the worst year for cyclists ever.

More needs to be done to protect cyclists

The injuries were concentrated in certain neighborhoods, including Harlem, the Upper East Side, Brooklyn’s Downtown, Williamsburg, Bushwick, East Flatbush, and Sunset Park, Queens’ Sunnyside, Astoria, and Elmhurst, and the Bronx’s Mott Haven, Soundview, and Kingsbridge. Advocates are calling on Mayor Adams and DOT to do more to curb this lethal trend. They are urging the city to build physical infrastructure to protect cyclists, especially in areas known to be dangerous, and to meet the NYC Streets Plan requirement of 50 miles of protected bike lanes this year.

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Lithium ion battery can be dangerousOur personal injury law firm is concerned about the recent news regarding lithium-ion batteries causing deadly fires in New York City. According to reports, a 64-year-old man died in a Bronx apartment fire caused by a defective lithium-ion battery over the weekend, and the FDNY has reported 33 fires caused by these batteries this year, resulting in three deaths and 42 injuries.

To address this issue, Mayor Eric Adams signed  five bills into law aimed at preventing fires caused by lithium-ion batteries in New York City (see our previous blog about these bills related to e-bike battery safety). 

While the bills only address lithium battery safety in New York City, there is a need for federal legislation to ensure that batteries are safely manufactured and used. Currently, compliance with safety standards is voluntary, and the wide availability of uncertified or after-market tampered batteries is contributing to the problem. Additionally, a change in federal law in 2016 exempts imports below $800 from inspection and tariffs, which has made it easier for uncertified or unsafe batteries to enter the market.

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protected bike lanes save livesAs personal injury lawyers and bicycle accident lawyers, we applaud the recent decision by the Upper West Side Community Board 7 to back crosstown protected bike lanes. This move is a significant step forward in promoting safer cycling and reducing the number of bicycle accidents in New York City.

Cycling is a popular mode of transportation in New York, and it is essential to have adequate infrastructure to support it. Protected bike lanes provide a safe and secure environment for cyclists to ride, reducing the risk of collisions with motor vehicles, pedestrians, or other obstacles on the road. Studies have shown that protected bike lanes can reduce the number of crashes by up to 90%.

Bicycle accidents often result in catastrophic injuries or death

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Crown Street and Nostrand Avenue where the accident occurred
Two people suffered serious personal injuries in a multi-vehicle car accident in New York City last Monday night. The accident occurred around 6:30 pm in Crown Heights, Brooklyn at the intersection of Crown Street and Nostrand Avenue.

An exclusive and jarring surveillance video from a nearby building was obtained by CBS2. The video shows a white car running a red light at high speed and T-boning an SUV that had the green light and was driving through the intersection. The impact was so intense that the SUV went airborne and crashed into another car further down the street, while the white car jumped the curb and nearly hit pedestrians on the sidewalk.

Only a few seconds later, an NYPD patrol SUV arrived in the same direction as the white car. An officer got out and ran towards the cars. CBS2 asked the police if the cruiser was chasing the white car. The police initially declined to answer but later said that the cruiser was not involved in an active vehicle pursuit at the time of the accident. In a busy city like New York, there is a policy for when a police car is allowed or not allowed to engage in a vehicle pursuit. This policy states that police should “terminate a vehicle pursuit if the risk to the public or fellow officers outweighs the risk posed if the suspect gets away.” However, too often police officers do not respect this policy and engage in reckless police pursuits that result in dangerous accidents, seriously injuring or killing civilians.

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Lithium ion battery can be dangerousDefective lithium-Ion e-bike batteries have been the cause of 216 fires in NYC last year. 147 people suffered personal injury and 6 of them died in these fires. This year so far more than 20 lithium-ion battery fires have caused serious injury and death. Two weeks ago, in Brooklyn, a woman died from her injuries after being rescued from a fire in her building that was caused by batteries exploding in an another apartment that a tenant had transformed into an illegal lithium battery repair shop.

Yesterday the New York City Council voted on a legislative package dedicated to strengthen safety and prevent fires related to e-bike batteries:

  • Introduction 663-A restricts the sale, lease or rental of e-bike, e-scooter or any other mobility device powered by lithium batteries as well as storage batteries that do not meet recognized safety standards.  This means that these devices and their storage batteries will have to be tested by an accredited laboratory and  meet the applicable Underwriters Laboratories (UL) standards. the testing laboratory or name will have to be displayed on the product itself or on the packaging or documentation.
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2022 NYC car accident fatalities by categoryLast year traffic fatalities in New York City reached their second highest level since Vision Zero started in 2014.  Last year was also the first year in office for the Adams Administration and the new DOT Commissioner, Ydanis Rodriguez.

Yesterday in an oversight hearing with the City Council, Rodriguez admitted that his department has been unable to reach specific street safety benchmarks required by the Council’s landmark 2019 Streets Plan. Last year the DOT only upgraded 14 bus stops out of the 500 planned and installed 4.4 miles of the 20 miles of protected bus lanes as well as 26.3 miles of the 30 protected bike lanes required.

The bills proposed by the City Council are not going far enough according to street activists

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FDNY rescuing children in fire caused by Ion lithium battery18 children were injured after a fire erupted in an unlicensed daycare located in Queens. The fire was caused by a defective lithium-ion battery that exploded in the basement.

Firefighters were called yesterday afternoon around 2pm for a fire in a basement located at 147-07 72 Drive in Queens, NYC. When they arrived on location, the basement was filled with heavy fire and smoke. They removed 18 children from the building, most of them on the first floor and one of them in the basement. They found out that an illegal daycare was operating on the first floor.  Most children suffered minor injuries and did not require to be hospitalized. One of them was critically injured and still remains in the hospital. Two adults also suffered injury in the fire.

A neighbor took care of the children as parents were alerted and asked to come pick up their young kids. The fire was controlled in 45 minutes.

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