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 wrongful death NYC

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Location of the fatal NYPD tow truck accidentYesterday morning, a 7-year-old boy lost his life in Brooklyn, NYC, after being struck by a New York Police Department (NYPD) tow truck. The accident occurred at the northern border of Fort Greene Park.

The collision occurred at approximately 7:45 a.m. when the young boy and his mother crossed Myrtle Avenue in a marked crosswalk. The tow truck driver, identified as Stephanie Sharp, a 54-year-old traffic enforcement agent with the NYPD, attempted to make a right turn onto North Portland Avenue and tragically struck the boy, who was on his way to school. Despite the swift arrival of emergency medical workers, they were unable to save the young life, and the boy was pronounced dead at the scene.

Legal consequences

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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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location of the deadly crash in Queens, NYCA grandfather was killed and his wife and two grandchildren were seriously injured in a car accident in New York City after a driver lost control of his vehicle and plowed into their parked car. The driver who remained at the scene has so far not been charged.

67-year-old Sam Amorese and his wife were in the process of getting their two young grandchildren, aged 1 and 5, out of their white Honda SUV. They were near their home on 73rd Avenue.  Their car was parked in a spot well-known to locals as a danger zone. This area had earned a notorious reputation as the “dead man’s curve.” It was notorious for being a high-risk location due to speeding cars, a concern that residents had repeatedly voiced.

A 39-year-old driver of a Nissan Pathfinder, coming around the corner, slammed into the Amorese family’s parked SUV. The impact was devastating. Witnesses describe the horrifying scene: the baby was ejected from the backseat of the SUV, and Mr. Amorese was pinned between his vehicle and another car.

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the dangerous intersection Eastern Parkway and SchenectadyFour lives were lost in three separate collisions in a single day in New York City.

On Sunday, the Staten Island Expressway bore witness to a horrific crash that claimed the lives of two young women, Jianna Pischetola and Gabriella Shammas, both aged just 22. The fiery collision left their Chevrolet Corvette unrecognizable, underscoring the devastating impact of the accident.

Earlier in the day, a motorcyclist lost his life in another tragic incident on Staten Island. The 29-year-old rider collided with a Dodge Ram as the truck was turning left onto 10th Street from New Dorp Lane. The motorcycle attempted to pass the truck on the left side, resulting in a fatal collision. The severity of the head trauma sustained by the rider resulted in his being pronounced dead at the scene.

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The dangerous intersection of Shore Parkway and Shell Road

The dangerous intersection of Shore Parkway and Shell Road

On the morning of August 4th, Yelena Gervolskaya, a 75-year-old pedestrian and a beloved family member, lost her life after being struck by both a dump truck and a Jeep at the intersection of Shore Parkway and Shell Road in Gravesend, Brooklyn. Both drivers fled the scene; however, they have now been identified by the police. As of now, no charges have been filed against either of them.

Both vehicles hit the victim while making a left turn

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When the total number of crash fatalities during the first semester of 2023 is lower than the previous years, one category of road users, the cyclists, had a record number of fatalities with 14 deaths. Pedestrian fatalities were lower than usual with 41 fatalities. The NYPD also recorded 31 driver fatalities and 16 passenger fatalities for the first semester of 2023.

After two years of an unusually high number of auto accident fatalities in New York City during the first six months of the year, the total number of crash fatalities for the first six months of 2023 was pretty much similar to the levels observed before the Covid19 crisis, oscillating around 100 for the first six months of the year. In 2023, 102 people died in crashes during the first semester compared to 113, 118, 92, 101, 84, 96, 107, 107, 97, and 121 during the semesters of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, and 2013 respectively.

NYC car accident deaths by category June 2023
During the first semester of 2023, 24,535 people were injured in crashes. This number is slightly higher than the two previous years, during which 23,963 and 22,898 people were injured during the first semester of 2022 and 2021, respectively, but still lower than what it was before the pandemic when the number of traffic injuries for the first six months of the year was above 25,000. Among the category of road users, drivers were the most injured with 10,785 injured motor vehicle operators for the first semester, followed by passengers (7,564), pedestrians (4,098), and cyclists (2,088).

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June is trench safety stand downLast April a devastating trench collapse at a construction site in John F. Kennedy International (JFK) Airport claimed the lives of two workers, Francisco Reyes, 41, and Fernando Lagunas Pereira, 28. The tragic accident occurred when the trench in which Reyes and Pereira were working suddenly collapsed, burying them under debris. Despite rescue efforts, both workers lost their lives at the scene.  This horrible construction accident highlights the need for a comprehensive review of safety practices. It is crucial for authorities, construction companies, and regulatory agencies to collaborate and conduct a thorough analysis of the incident to identify any lapses or gaps in safety procedures.

Last year in the US, 39 construction workers died in trench collapse. Trench collapse accidents are preventable and usually occur because of negligence for several reasons:

  • Lack of Proper Planning: Trench accidents can be prevented through careful planning and assessment of the work site. Negligence may arise if there is a failure to adequately plan the excavation process, including conducting a thorough analysis of the soil conditions, identifying potential hazards, and implementing appropriate safety measures.
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Traffic accidents near JFK airportLast week 15 people were injured in a bus accident and a teenager was killed when the car she was in collided with a truck. Both accidents took place near JFK Airport, which is currently undergoing a major makeover. The aim of this $19 billion project is to rejuvenate the airport by providing modern facilities and improved terminals. However, this extensive renovation comes at a cost: roadways are being torn up and closed, resulting in significant traffic disruptions that are projected to last for several years. Consequently, various modes of transportation, including driving, public transit, taxis, and ride-hailing services, will be affected, potentially causing substantial congestion, delays, and safety concerns.

Last Friday a collision occurred between a Delta Airlines bus and a commuter van on the Van Wyck Expressway, resulting in 15 injuries. This incident serves as a stark reminder of the dangers faced by commuters in and around JFK Airport and southeast Queens. Local leaders, such as Queens Borough President Donovan Richards, have been advocating for clearer signs, speed warnings, and overall safer street designs as part of the JFK Airport overhaul. Additionally, Richards highlighted the peril of driving on North and South Conduit Avenue, where a 14-year-old girl was killed in a car accident just two days prior. The accident took place on North Conduit Avenue near 160th Street. The 14-year-old was a passenger in a BMW driven by a 16-year-old driver. The young driver, who was not supposed to be driving alone, lost control of his vehicle and crashed into a UPS truck, resulting in the death of his passenger and friend.

As predicted by Frommers, commuting to JFK airport, is currently and will continue to be a nightmare for years to come.

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Monterey garage in UWS has structural issuesThe recent collapse of a parking garage in Lower Manhattan, which resulted in the loss of a life and injuries to several individuals, has raised concerns about the safety and condition of parking structures throughout New York. In response, city officials conducted inspections of numerous garages, uncovering widespread structural problems that have been allowed to persist for years. This blog explores the findings of The New York Times’ investigation into the state of these garages, shedding light on the hazards faced by both employees and customers.

The investigation by The New York Times has revealed that serious structural issues are prevalent among parking garages across the city. Crumbling ceilings, exposed and rusting reinforcing bars, and other defects have been identified in over three dozen garages including the Monterey Garage in the UWS where the DOT documented that a 12 by 18-inch chunk of concrete fell from the ceiling. Shockingly, many of these garages have continued to operate despite the documented hazards. In some cases, inspections uncovered garages that were exceeding their capacity, with exits blocked on multiple levels due to overcrowding.

Neglected Violations

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