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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NYCHA_Logo_480x480Two toddlers died in a fire last April in a Bronx apartment belonging to the New York City Housing Authority. The investigation found that the apartment was visited four hours earlier by Rene Rivera, a former NYCHA maintenance employee. When a NYCHA worker visits an apartment they have to execute several safety checks that include smoke detectors check. The employee signed on his report that the smoke detectors were working in the apartment he just visited. He later confessed to investigators that he actually never looked at them. The employee’s failure to check the smoke detectors resulted in the death of two toddlers in a fire a few hours after his visit.

In an article Today in the NY Daily News, Rivera complains that the work overload at the Butler Houses was such that he didn’t have much time for safety checks.  Rivera blames the faulty error on an understaffed crew and unrelenting pressure to keep things moving. The 27-year NYCHA veteran worker explained that he was overwhelmed by the 25 to 30 appointments he had to respond to every day.

Read more in the NY Daily News

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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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A pedestrian was fatally hit by a car in NYC on Friday night. 28 year old Francis Perez a Sheepshead Bay resident, stepped out of his house around 8:00 pm. He went to a nearby grocery store. He bought snacks for his son and his girlfriend. On his way back, he crossed Avenue V between Ford and Coyle Street. A car hit him at high speed. He flew in the air. A witness ran and gave him CPR. It wasn’t enough. The ambulance took him to the hospital where died there from his injuries. He left behind his girlfriend, Sandra Mcillwain, and their 8 year old son Francis JR. The police are still looking for the hit and run driver who killed him. Read more in the NY Daily News.

A Google aerial picture of the location of the accident shows that there are several stores and businesses on Avenue V between Coyle Street and Ford Street. It also shows that there are no pedestrian crossings despite commercial activities.

aerial picture of Avenue V

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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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construction workerThe New York City Department of Buildings announced earlier this year that 12 people died in  construction accidents in New York City in 2015 but the real number is 18. According to a recent article in Crain’s, the New York City Department of Buildings only counts deaths that are related to a violation of the city’s construction code.

Despite being featured by media and investigated by OSHA, all other deaths on NYC construction sites are not counted as construction accident deaths  in the DOB statistics. This obviously doesn’t make much sense. The DOB numbers are a distorted indication of the level of safety on New York construction sites.

Among the deaths that the city didn’t count were a hard hat who fell to his death in an elevator shaft,  a safety coordinator crushed by a crane, a worker who fell from a ladder and a truck driver who was sucked into a concrete truck shaft. Following these deaths, OSHA issued safety violations for each case. However the DOB didn’t and also didn’t add them to the total number of New York City construction accident deaths in 2015.

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cyclists in New YorkBicycle accidents in New York City have killed more people in 2016 than in previous years. A recent article in the NY Daily News looks back at some of the accidents that occurred this year and how they could have been prevented.

Many fatal accidents took place in areas that have been designated by  Vision Zero  programs to be re-engineered because they were too dangerous for bicyclists and pedestrians. Unfortunately not every community board is pedestrian and bicyclist friendly. Some of the deadly bicycle accidents occurred in areas where community boards rejected Vision Zero projects to make streets safer.

When asked to comment about the steep increase of bicyclists dying in traffic accidents in the city, the Department of Transportation replied that the streets of New York City have never been as safe as Today. Statistically, compared to the estimated number of  daily bike rides, the number of severe injuries or deaths related to bike accidents is at its lowest.  According to DOT calculations cyclists were 72% safer in 2014 than in 2000. The DOT estimated that in 2014 420,000 people were riding a bike everyday in New York City. That is almost triple the amount of  2000.

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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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accident sceneA 48 year old man died in a motorcycle accident in New York City last Sunday. Edison Torres was riding his motorcycle East on the Bruckner Expressway in the Bronx, NYC. As he was near Pugsley Ave in Unionport, he collided with a car driving in the same direction. He then lost control of his bike and hit the ground. He was rushed to the hospital but he couldn’t be saved.  Read more in the NY Daily News

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accident sceneAn elderly pedestrian was fatally struck by a car in New York City last week. 89 year old Wai Lee was crossing Quentin Road near Coney Island Ave in Brooklyn, NYC when she was struck by a car. The driver, an 81 year old man was trying to park when he hit the victim. The NY Daily News reported that the man was trying to park when he put the car in drive by mistake. He then accelerated and hit the victim. The woman was transported to the hospital in critical condition. She later died there from her injuries.

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accident sceneA man died in a motorcycle accident in New York City last Friday. 26 year old Michael Ramnath from the Bronx was riding his bike north on the Cross Island Parkway in Queens when the accident occurred. According to the NY Daily News, the motorcyclist was attempting to switch lanes when he struck a car. He then hit the guardrail and got ejected from his motorcycle.  The young man was transported to the hospital in critical condition. He later died from his injuries. The driver of the car stayed at the scene of the accident and wasn’t charged.

Another motorcyclist was in critical condition after he hit a pothole in Bedford-Stuyvesant, Brooklyn. The biker was riding South on Marcus Garvey Boulevard. As he was approaching Kosciuszko Street he hit a pothole and got ejected from his motorcycle. he was transported to the hospital in critical condition. It is obviously extremely dangerous to ride in The City. One has to deal with numerous roadway defects as well as drivers who are not alert to motorcycles. If you must ride keep within the speed limit, don’t expect drivers to yield and always be on the lookout for potholes and improperly laid metal plates, among other hazardous roadway conditions.