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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cyclist-nyc-e15620847726003 people died in bicycle accidents in NYC during the last 7 days.

Last Monday Robyn Hightman, a bike courier, was fatally struck by a truck on 6th Ave near 25th Street. Both the truck and the cyclist were heading in the same direction when they collided. The truck driver first didn’t stop but then returned to the scene of the accident after a witness in another car told him he hit someone. the driver told the police he didn’t know he hit the cyclist. Police said the driver was let go after he was hit with five summonses. The driver, 54 year old Antonio Garcia said it was the first time he had an accident since he started to work for his employer 14 years ago. However a look at the Howsmydrivingnyc.com indicates that the truck was hit with 83 violations since 2015 mostly for parking but also for speeding. A vigil was organized for Robyn during which hundreds of cyclists gathered and expressed not only their sadness but also their anger at authorities that are doing very little to hold drivers accountable. Robyn was the 12th cyclist in New York City to be killed in traffic this year.

Last Thursday night  around 9:00 pm, 57 year old Ernest Askew was fatally struck by an 18 year old driver on Sutter Avenue near Chester in Brownsville, Brooklyn. The car driver wasn’t arrested. Brownsville which is a low income community of color doesn’t have any protected bike lanes and there are not many efforts being made in regards to street safety. Cyclists share wide roadways with cars and speeding is common. At a vigil for Ernest Askew yesterday evening activists asked the city to address the lack of equity in low-income communities of color when it comes to protected bike lanes and street safety.

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SUV involved in the fatal hit and run accidentA pedestrian was killed in a hit and run accident in NYC on father’s day. Christopher Nieves, a 37 year old dad was struck by a brown 2004 Chevy Tahoe with a New York plate reading CRR 5224 and a sticker that says “Salt Life” on the rear window.  The police are now looking for the person who was behind the wheel of this SUV. The accident occurred a little bit after 6:00 am on father’s day. Christopher Nieves was trying to hail a cab when he was struck by the SUV speeding down the street. The driver never stopped. At the time of the accident, Christopher was with two friends who tried to pull him back when they saw the SUV but it was too late.

Nieves was rushed to the hospital but he couldn’t be saved.

Anyone who has information about the driver can contact Crime Stoppers at (800) 577-TIPS.

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The monthly number of traffic accidents in New York City in April was at its lowest since 2014 for the month of April. There were 16,632 motor vehicle accidents reported to the NYPD last April compared to respectively 17,893 17,585, 18,265, 16,671 16,265 16,412 in April 2018, 2017, 2016, 2015, 2014 and 2013.  NYC car accidents have been on a rising trend since 2013. However recent numbers show that over the last 12 months the number of accidents has been slightly decreasing compared to the record numbers of 2017.

Despite a decrease in the number of accidents, the number of people injured in these accidents continues to rise. 4,701 people were injured in motor vehicle accidents in New York last April compared to respectively 4,578, 4,444, 5,040, 3,878, 4,007 and 4,409 in April 2018, 2017, 2016, 2015, 2014 and 2013.

16 people died in traffic accident in the city last April compared to 12 during the same month a year before and 11 in April 2017. Traffic fatalities are on a declining trend in New York since Mayor de Blasio implemented the Vision Zero Program. While the monthly traffic deaths were above 20 in April 204 and 2015 they stayed below 20 for the last 4 years, reaching their lowest for a month of April in 2017 with 11 deaths.

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Location of the fatal motorcycle accident in Brooklyn NYCA 28-year-old man was killed in a motorcycle accident in New York City, early Monday morning. He collided with a car driven by a 24-year-old drunk woman who was driving without a license.

Alexander Evron was riding his Kawasaki motorcycle South on Ocean Parkway around 3:55 am when he collided with an Infiniti car driven by Jasmin Morales-Cruz.

The motorcyclist was thrown off the bike. He was rushed to the hospital but he couldn’t be saved and was pronounced dead upon his arrival.

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New York Construction workersConstruction workers fatalities and injuries are on the rise in New York City. The boom in construction has lead to a shortage in experienced construction workers and as a result many contractors have been hiring workers with less or little experience without providing them proper safety training.  To reduce the number of injuries and deaths on NYC construction sites and make sure every construction worker is proprely trained about safety, the New York City Council introduced  new legislation “NYC Local Law 196”  that increases the minimum number of training hours for a construction worker to 59 hours.

What does NYC Local Law 196 mean for construction workers and contractors?

NYC Local Law 196 is being implemented in 3 phases

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A man in a warehouse was fatally pinned against a wall by a tractor-trailer backing up. On Friday morning around 6:00, a 2012 Freightliner tractor trailer backed up into the loading dock inside Sun King Produce Corp located on Morgan Street near Jackson Street in East Williamsburg.  63 year old Son Ngoc Nguyen who was standing near the back wall was crushed against the wall by the truck. He was transported to the hospital in critical condition and died from his injuries a day later. The truck driver wasn’t charged. Read more in the NY Daily News 

Dock workers at high risk of accidents

The loading dock is one of the most dangerous area in a warehouse. OSHA has specific regulations about loading dock safety that can be found in 29 Code of Federal Regulations (CFR) 1910.176 material handling. While forklift accidents such as forklift overturning,  are the most common in warehouses, it is also quite frequent for warehouse workers to be crushed by trucks and sadly most of these accidents are deadly . Here are some of the most recent cases reported by OSHA:

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A school bus driver who fatally hit a pedestrian back in February appeared in Bronx Criminal Court yesterday. On February 14th, 68 year old Agnes Egan was crossing the street at the intersection of Havemeyer Street and Story Avenue when she was struck by 66 year old Anton Goodhall who was driving a mini school bus south on Havemeyer. Video footage of the accident shows the minibus rolling over the pedestrian, stopping after the impact and then leaving the scene of the accident. Agnes Egan was critically injured and died 40 minutes later.

In Court the bus driver claimed he never saw the pedestrian. He said he stopped after the accident because he dropped a bottle of water. He also said that his visibility was reduced because two other cars were in  the intersection. He also mentioned a big pile of trash on a corner.

He is due to appear in Court again on July 11.

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location of the bicycle accidentA 22 year cyclist who was hit by a car in Brooklyn, NYC during the week-end died on Tuesday according to the NY Daily News. Kenichi Nakgawa was riding his bike South on Brooklyn Ave on Saturday around 5:25 pm when the 66-year old driver of a Toyota Sienna struck him. The young cyclist was rushed to the hospital with severe head trauma. He couldn’t survive his injuries and died 3 days after the accident. The driver stayed at the scene of the accident and wasn’t charged.

One day after Kenichi Nakgawa died, a 16 year old Brooklyn cyclist also lost his life after being run over by a van.  Yisroel Schwartz was riding North on 17th Avenue near 53rd Street in Borough Park when he was forced to swerve into the traffic to avoid a passenger who was opening the door of a parked car on the side of the road.  He lost control of the bike and fell on the ground. He was then run over by a  a white 2013 Econoline E350 van driving in the same direction. Yisroel was rushed to the hospital where he died from his injuries. Both drivers stayed at the scene of the accident. They weren’t charged.  Read more in Street Blog NYC

Yisroel Schwartz and Kenichi Nakgawa are the 9th and 10th cyclists killed this year in NYC traffic.

 

 

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According to statistics from the NYC Department of Buildings there were no fatalities at New York City construction sites during the first trimester of 2019 compared to 2 during the last trimester of 2018 and 4 during the same period a year ago. A total of 137 construction workers were injured in NYC during the first 3 months of the year compared to 158 during the previous trimester and 174 during the same period a year ago.  From April 1st 2018 to March 31st 2019, 8 construction workers died on the job, compared to 16 for the same period a year earlier. (click on graphs for full size)

Fatalities in the New York City Construction Industry
Among the 137 workers who were injured, 90 of them were working at Manhattan construction sites, 10 at Bronx sites, 23 at Brooklyn sites, 13 at Queens sites and 1 at  a Staten Island construction site.

Construction Accident Injuries NYC by boroughs
Most construction accident fatalities and deaths in New York City occur in Manhattan. Both fatalities and injuries are on a rising trend in Manhattan. However, on a positive note, it is the first time since 2015 that no hard hat death was recorded in Manhattan over a 5 month-period. 25 workers were injured at Manhattan construction sites in both January and March with a spike at 40 in February.

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Location of the fatal truck accidentA pedestrian was fatally struck by a USPS truck in New York City. The accident occurred on Friday around 5:00 pm in Brooklyn.  52 year old Charles McClean was crossing MacDougal Street at Howard Avenue in Bedforsd-Suyvesant when a USPS truck stopped in the crosswalk. As the pedestrian walked in front of the truck, the driver started  to move forward and struck the pedestrian. The pedestrian fell underneath the truck and was dragged across the the street by the truck to the next crosswalk. Charles McClean was rushed to the hospital with severe injuries but he couldn’t be saved. He leaves behind him 2 twin 10-year-old daughters.  Just before the accident, McClean mother’s sent him to the store to get lottery tickets. He never came back. The mother, 72-year-old Shirley McClean previously lost two other of her eight sons. One died from gun violence and the other one from a medical infection.

USPS drivers above the law

The USPS driver remained at the scene of the accident, so far he hasn’t been charged. One of the surviving brothers, Gregory Mclean told Streetblog that the intersection wasn’t safe because most drivers only looked to their left for oncoming cars but din’t look at their right for oncoming pedestrians. He also said that postal workers in the neighborhood were reckless drivers always rushing to clock out  and accused the young postal driver wo killed his brother of homicide. Another brother, Arkim, mentioned that USPS trucks didn’t have license plates therefore they couldn’t get ticketed by the police. No tickets means no accountability, he said.