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 bicycle accidentAn 87 year old cyclist who was struck by a car in New York City last week died from his injuries. While the police blame the accident on the victim saying that he blew a red light, witnesses told the NY Daily News that the bicyclist had the right of way and that the car driver blew a red light.

The accident occurred last Tuesday at the intersection of Avenue P and Ocean Parkway in Brooklyn. The cyclist was riding west on Avenue P and was struck by the car as he was in the crosswalk. One of the witness, a female pedestrian, told the News that she was also about to cross the street after the light turned green in favor of the pedestrians when a black minivan zoomed out of nowhere, ran the red light and hit the cyclist. The witness saw the cyclist falling on the top of the car and said there was blood everywhere. The 36-year-old driver stayed at the scene of the accident and was not charged. The police maintained he had the green light.

The elderly cyclist was transported to the hospital in critical condition. He died from his injuries a few days later.

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Broad Channel fatal bicycle accident Tweet
65 year old Bogdan Darmetko died in a bicycle accident in New York City on Sunday. Bogdan was riding his bike on Cross Bay Boulevard in Broad Channel around 2:30 pm when he was hit by a 32 year old man driving a 2008 Ford SUV. According to the police report the cyclist who was riding in the unprotected bike lane made a left into the path of the car and was fatally struck by the front of the vehicle. The driver stayed at the scene of the accident and wasn’t charged. When the EMS arrived they found Bogdan lying on the ground. They rushed him to the hospital but he couldn’t be saved. Bogdan Darmetko is the 25th person to die in a NYC bicycle accident this year. He had been riding his bicycle in the city for the last 10 years.

Residents have long complained that speeding is an issue but nothing has been done

The  accident occurred at a spot where some road construction was ongoing and the cyclist might have swerved to avoid it.  Speed might have been a factor in his death as well. Cross Bay Boulevard is known for excessive speeding and Broad Channel residents have long been asking the DOT to install stop lights to address this problem. The bike lane on both sides of the road is not protected. Many accident have occurred previously on this Boulevard. NYC Crash Mapper reports that in the area where Cross Bay Boulevard crosses through Broad Channel a total of 273 crashes were reported since the beginning of 2016 until the end of last September.  8 cyclists, 4 pedestrians and 82 motorists were injured  in some of these accidents.

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location of the fatal bicycle accidentA NYC child riding a bike in a crosswalk was killed by a motorist who failed to yield while making a left turn. The accident occurred on Saturday morning around 10:30 am in Brooklyn, NYC. 10 year old Dalerjon Shahobidinov was on his bike in the crosswalk on Foster Avenue when 29 year old Victor Mejia made a left turn from Seton Place and recklessly slammed into him. Mejia stayed at the scene of the accident. The police found that he was driving without a license and charged him with failure to exercise due care, failure to yield and driving without a license. The driver  who never applied for a license, has a long history of reckless driving with 22 summonses that include two running red lights.

24 bicyclists killed in NYC in 2019

Dalerjon was a fourth grade student at PS 134 and has 3 other siblings. When the accident occurred he was riding with a group of friends with whom he was playing soccer in Prospect Park. The child is the 24th cyclist to die in a traffic accident in New York City this year. The victim before him was a senior e-bike rider. 62 year old Abul Bashar was a delivery cyclist for a restaurant. He was struck by a private sanitation truck on September 8th and could never recover from his injuries. He died on September 18th.

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One construction worker died on the job in New York City in June bringing the total of deaths to 5 for the first half of 2019 compared to respectively 6, 2, 5 and 6 for the first semester of 2018, 2017, 2016 and 2015. The June fatality occurred in Manhattan. 4 of the 5 fatalities on NYC construction sites occurred in Manhattan and the other one in Brooklyn during this first semester. No deaths were recorded in the Bronx, Queens or Staten Island construction sites during the first six months of the year.June 2019 fatalities on NYC construction sites

A total of 4 construction accident fatalities were recorded in Manhattan during the first semester of 2019 compared to respectively 2, 1, 3 and 3 during the first semesters of 2018, 2017, 2016 and 2015. This last semester was the deadliest in Manhattan since 2015.

Manhattan Construction worker fatalities June 2019
One hard hat died in Brooklyn during the first semester of 2019 compared to respectively 1, 1, 1 and 2 during the first semesters of 2018, 2017, 2016 and 2015.

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FDNY_Haz-TecCity drivers were determined to be at fault in 3,357 motor vehicle crashes in New York City during the last fiscal year that covers the July 2018 to June 2019 period. This number is up by 10 compared to the previous year and despite a diminution of the city vehicle fleet from 31,002 to 30,755.

827 people were injured and 4 died in these accidents compared to respectively 763 and 2 during the previous fiscal year.

The city vehicle involved in the highest amount of crashes were the FDNY vehicles with 10.1 accidents per 100,000 miles traveled followed by Sanitation (7.6), Parks (4.7) and the NYPD (4.4).

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Borden-Ave-and-11streetA 14 year old cyclist was fatally struck by a truck in New York City on Saturday afternoon. Mario Valenzuela was riding his bike on Borden Avenue around 2:00 pm Saturday afternoon when a truck belonging to limited Interior Group, a private sanitation company, made a right turn onto 11th street and fatally struck him.

The 33 year old truck driver stayed at the scene of the accident and wasn’t charged even though he violated the Right of Way Law.

Last week an off duty cop on a motorcycle was also killed by a private sanitation truck in the Bronx and at the beginning of the month another cyclist suffered critical head injury after he was struck by a dump truck in Gowanus, Brooklyn. Plans to reform the industry and reduce truck roads by having a limited number of companies taking care of specific areas have all been opposed so far.

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An off duty high-ranking NYPD cop died in the Bronx after a garbage truck making a left turn hit his motorcycle. Around 8:15 am on Monday morning, 56 year old Michael McGrath, was riding his bike south on East Tremont Ave when a dump truck making a left turn onto Waterbury Avenue hit him. He was rushed to the hospital where he later died from his injuries. The driver of the truck stayed at the scene of the accident and wasn’t immediately charged. Inspector McGrath was the commanding officer of the NYPD’s Strategic Services Division. He was in charge of the department’s cadet program providing internships and police training for college students interested in a law enforcement career.

The accident occurred less than 10 days after a 62 year old e-biker suffered critical head injury after colliding with a garbage truck in Gowanus, Brooklyn. The accident was pretty similar to the one that killed Inspector Mc Grath. The dump truck struck the e-biker while making a left turn from third Ave onto 12th Street. The driver was a 52 year old off-duty firefighter working an authorized second job.

Hell on Wheels

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51 pedestrians, 13 cyclists 11 passengers and 28 motorists died in auto accidents in New York City during the first semester of 2019. After two consecutive years of decline, traffic fatalities in the city went back above 100 at 101 during the first six months of the year compared to respectively 84, 96, 107, 107, 97 and 121 in the same period of 2018, 2017, 2016, 2015, 2014 and 2013. Fatalities increased for all categories of road users except for motorist deaths which stayed stable at 26 during the first semester of this year and the previous one. Auto-accident-fatalities-NYC-first-semester-2019

NYC Traffic injuries reached a record high at 29,081 during the first semester of the year compared to respectively 28,544, 27,923, 27,540, 23,530, 24,508 and 26,119 during the first semester of 2018, 2017, 2016, 2015, 2014 and 2013. All category of road users except pedestrians suffered more injuries during this semester than during the previous one.

Car Accident Injuries New York first semester 2019
While the total number of bicycle accidents reported to the NYPD during the first semester of 2019 was slightly lower than the number of accidents reported during the same period of 2018, cyclist fatalities more than doubled during the first six months of the year compared to the first semester of 2018 to reach a record high of 13.  Bicycle accident injuries jumped to 1,907, a record high as well. These numbers came as a bad surprise as 6 months earlier, the de Blasio administration which had been promoting using bicycles to commute around the city was proudly announcing that the number of cyclists killed in the city reached a record low of 9 for the entire year of 2018 and that Vision Zero Initiatives were working. A similar pattern occurring in 2015 and 2016 is an indication that despite all Vision Zero improvements, the city remains a dangerous and deadly place to ride a bicycle.

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A man intentionally struck a cyclist and killed him in Brooklyn. The accident occurred Sunday morning around 6:00 am on Broadway near Ellery St. in Bushwick. The driver of the SUV whose car had been broken in earlier saw the cyclists fiddling with cars and got out of his Jeep Grand Cherokee to question him. The conversation got heated and the cyclist took off on his bike. The driver got back into his SUV and chased him. He sped after him in the oncoming lane of traffic and slammed into him, crushing him against the parked cars. The impact was so violent that the SUV flipped onto its side. The entire accident was caught by a surveillance video.

The 47 year old cyclist died at the scene of the accident and the 41 year old driver was taken into custody. Charges are pending. Two parked cars and a semi-truck were also damaged in the collision. The police found two car stereos, a screwdriver, a set of Allen wrenches, and a fake pistol laying amidst the wreckage.

Using a car as a weapon for a vigilante act is completely unacceptable

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Speed Camera flyer nycTo prevent young pedestrians from being injured in car accidents, the NYPD announced that as kids go back to school today, they will be cracking down on drivers speeding or driving recklessly in school zones.

Not only the NYPD will be reinforcing its presence in school zones but more than hundreds of new speed cameras installed all over the city during the summer will provide extra protection for children as they are going back to school.

A total of 750 speed cameras are being installed in New York City school zones