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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New-York-School-Zone-Speed-CameraSpeed cameras have proven their efficiency in reducing car accidents as well as  pedestrian injuries and deaths. As part of the Vision Zero Program, 140 speed cameras were installed nearby schools all over the city. The installation of the cameras led to a decline of 63% of  speeding in school zones and pedestrian injuries decreased by 23%.

Based on this successful record the city asked the NY Senate for more cameras but New York State Senators refused to vote on a bill to continue the program and increase the number of cameras in NYC school zones to 290. As a result, all the 140 cameras were shut off in the middle of last summer.

After that episode, the Mayor signed a new city bill at the beginning of September to not only preserve but also expand the use of speed cameras in school zones. In order for the bill to become law, Cuomo declared a state of emergency and so far has been renewing the emergency order every month. The bill provided no cap on the number of speed cameras that the city was permitted to deploy.  The result of a collaborative effort between City Council Speaker Corey Johnson and Transportation Committee Chair Ydanis Rodriguez, the bill can only expire after the state legislature passes a “photo speed violation monitoring program in the City of New York that is identical to, substantially similar to or more expansive in scope than the program that would result from the enactment of A. 7798-C, as passed by the New York state assembly on June 18, 2018.”

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Pickup truck accident locationA pedestrian was fatally struck by a pick up truck in New York City last Friday around 5 pm.  51 year old Jose Rubi was crossing Maspeth Avenue in Bushwick when he was hit by a 46 year old man driving a 2015 Ford pick up. The driver stayed at the scene of the accident and wasn’t charged. According to the police, the driver was attempting to make a left turn onto Vandervoort Ave when he struck Rubi. He told the police that he didn’t see the victim.

The police blamed the victim for crossing “mid block”. However it is unclear how the police could determine that the pedestrian was crossing mid-block while the driver testified that that the accident occurred as he was making a left turn at the intersection.

After the accident, the pedestrian was rushed to a nearby hospital but he didn’t survive his injuries.

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Negligent garbage truck company out of businessAfter two people were killed by Sanitation Salvage garbage trucks and ProPublica released an in depth look at the company’s dirty business (see previous blog)  the trash hauler came under intense scrutiny.

At the end of last month, Sanitation Salvage sent a letter to the Business Integrity Commission to announce that it had surrendered its license and was going out of business.

After years of exploiting workers and endangering New Yorkers, the company run by the ruthless and heavily politically connected Squitieri Brothers is finally going down. Street safety advocates, labor unions and elected officials are all celebrating the news.

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Brooklyn Fatal Construction AccidentA hard hat died in a forklift accident in New York City last month. 44 year old Over Paredes was working on the construction site of a six-story condo located  at the corner of Myrtle Avenue and Marcy Avenue in Brooklyn when a piece of metal-framed wall fell on him.

The accident occurred on the rooftop of the building during a day of high wind.  The large piece of sheet metal was extremely heavy and was being hoisted by a manual forklift. During the lifting operation, the forklift that, according to a worker, was lighter than the piece of wall, was knocked down onto its side by a gust of wind and the huge piece of wall fell on Paredes.  The construction worker died at the scene of the accident despite all the efforts of the EMS to try to rescucitate him.

The crane operator had previously refused to hoist the piece because of the high wind

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hit and run location
3 pedestrians died in car accidents in New York this week-end.

Staten Island Pedestrian killed in Brooklyn

65 year old Losif Morgenshteyn was fatally struck by a hit and run driver as he was changing a flat tire on the driver side of his car. The accident occurred on Saturday night around 6:30 pm. on Shore Parkway near East 28th Street in Sheepshead Bay. According to CBS News, the man was hit by a white Toyota minivan with Pennsylvania plates. 3 people came out of the van and checked on the condition of the pedestrian before speeding away. The van was found empty about a mile away and the police are still looking for the driver. When the EMS arrived they gave the man CPR and then rushed him to the hospital. Unfortunately he couldn’t be saved and he was pronounced dead upon his arrival.

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On the Christmas Eve of 2015 around 4:00 pm, 84 year old Olegario Pabon stepped in his elevator at a Bronx NYCHA development in New York City. As he was getting inside, the elevator zoomed upward trapping the man’s leg and hand and then dropping him on his head. He died from his injuries.

The deadly elevator accident was preventable. An hour and half earlier a concerned tenant of the building had called in a complaint saying “the lift is going up and down by itself with its door open and when the door closed it slams really hard”. Nobody did anything about it it and no inspector was sent to check it out.  This act of gross negligence killed Olegario Pabon.

The DOI investigation following the death of Olegario Pabon found out that the brake monitor had been disabled. According to the DOI report, it seemed like a NYCHA elevator mechanic had clipped the wires on the device and closed off the electrical connection by covering it with black electrical tape.

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location of the deadly car accidentA man died and a woman was injured in a car crash in New York City last Friday night. According to the NY Daily News the driver of a white 2001 Nissan Sentra was driving East on Rockaway Boulevard around 10:30 pm. He was planning to make a left turn onto Guy R Brewer Boulevard. When he arrived at the intersection the left turn light was red and a tow truck operated by Onpoint Collision and Towing Services was in front of him. The tow truck driver told the News that the reckless driver went around his truck on the right and then proceeded to turn left to get onto Guy R Brewer Boulevard. In order to do so he had to cross several lanes of traffic. He was T-boned by a white BMW that slammed in the car’s door. The tow truck driver confirmed that the woman who was driving the BMW had the green light. He saw the entire accident including when the EMS arrived and pulled the driver out of his car. The emergency team tried to resuscitate him but according to the tow truck driver, the man seemed dead. He was transported to the hospital where his death was confirmed. The BMW driver was also taken to the hospital to be treated for non-life threatening injuries.

Read more in the NY Daily News

Picture: Courtesy of Google Map

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accident sceneA 30 year old pregnant woman died in a NYC crash and a teenage girl is in a coma with serious spine injury that may prevent her from walking again. On Saturday morning, 30 year old Jennifer Parisella, a farmer from Middeltown was on her way to a farmers market in the city when she rear ended a tractor-trailer on the Major Deegan Expressway near Brook Avenue around 7:00 am. The young woman who was five months into the pregnancy of her first child died at the scene of the accident.  Her two stepchildren, 14 year old Sky Mendoza and 12 year old Orlando Mendoza were also in the van. They were sitting on the back seat. A 28 year old man who was a relative of the family was in the front passenger seat. Sky Mendoza suffered critical brain and spine injury. She is still in a coma and she might never walk again. Orlando suffered a broken collarbone and the 28 year old man injured his leg.

The police are still investigating the reason of the crash. The 42 year old truck driver stayed at the scene of the accident. He wasn’t charged.

Read more in the New York Post 

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Dusk and Darness Accident PreventionThe NYPD announced last week that A NYC pedestrian died from his injuries the day after an accident that occurred in the Bronx on November 7th around 6:30 pm.  52 year old Alvaro Gutierrez was crossing Southern  Boulevard at Elsmere Place when he was struck by a minivan.  Gutierrez who was hit in the crosswalk, flew in the air and landed on the roadway. He was transported to the hospital where he died the following day. The minivan driver wasn’t charged.

Winter is the worst season for pedestrians

Statistics show that, in New York, after daylight saving time ends, pedestrian accidents increase dramatically, especially during evening hours. The months of November to March are the deadliest for New York pedestrians. To boost awareness about this situation and encourage drivers to drive safely the city has been deploying its ‘Dusk And Darkness’ Vision Zero Safety Initiative for the third consecutive year.

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pedestrianSix NYC pedestrians were killed after being hit by cars in six different accidents in Queens over the last 10 days.

On Sunday night around 6:30 pm, a 29 year old man was killed by a hit and run driver on Continental Avenue near Exeter Street in Forest Hill. Niklas Ahern from Tribeca was walking next to a female friend on Continental Avenue when a grey or silver four door sedan struck Niklas and sped off in the night leaving the young man unconscious lying on the street with trauma all over his body. The driver was found by the police on Monday. 28 year old Irving Duran was charged with leaving the scene of a fatal crash. Read more in the NY Daily News

https://www.youtube.com/watch?v=dSbIyGfb0Lc

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