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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construction workersTo prevent and reduce construction accidents injuries and deaths in New York City, Local Law 196 requires that most construction workers receive 40 hours of safety training and that their supervisor receive 62 hours of training.  Local Law 196 was passed in 2017 after construction accidents fatalities recorded by the DOB went from 3 in 2013 to 8 in 2014, 12 in 2015, 12 in 2016 and 12 again in 2017. The original deadline for workers to receive their 40 hours of training was September 1 2020 but because much of the “in-person training” was cancelled or postponed because of the covid-19 crisis, the Department of Buildings extended the deadline to March 1 2021. The classes can be taken in person or online.  Online classes are available in multiple languages.

Most construction workers and their supervisors must comply with Local law 196 to be able to work at their construction site

The only construction workers who are exempted from getting safety training are DCA-licensed Home Improvement Contractors and workers at job sites that only involve minor alterations as well as workers building a new 1, 2 or 3-family home. Workers who are not sure if their sites require safety training can consult the interactive site safety construction map.  Personal on these specific sites that do not require safety training are the site owners, the projects managers, the professional engineers, the architects, the developers, the delivery people, the construction managers, the flag persons, the general contractors, the people taking care of the concrete testing, the filing representatives, the security officers, the special inspectors, the service technicians and the consultants. All other construction workers at the sites including demolition workers, construction superintendents, site safety coordinators, site safety managers, forepersons, journey men, employees of DOB licensees or registrants must comply with Local Law 196.  Those who need to take classes can use the DOB”s map of approved course providers or go to the OSHA website to locate a course provider or take an online class.

 

 

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location of the fatal truck accidentA female panhandler was fatally struck by a tractor trailer in New York City yesterday. The accident occurred at the intersection of Linden Boulevard and Fountain Avenue in East New York, Brooklyn, NYC. The 40 year old woman was a local character. Her first name was Dona but local residents nicknamed her “loca”. The woman who was squatting near the intersection would come out of her house with a long gown and approach cars for change.  If drivers didn’t give her money she would scream and curse at them. Locals would always keep an eye out for her.  A man who witnessed the accident told the NY Daily News that he regularly gave her money and that he would always warn her to be careful about the traffic and she would just laugh at him.  Sadly the worst happened yesterday morning. The driver stayed at the scene of the accident and was not charged.

In Brooklyn, young adults are the most at risk of getting injured or killed in a large truck accidents

According to statistics from the New York DMV, there are between 3,500 and 4,000 large truck accidents in Kings County every year. While the DMV is still working on the 2020 numbers, it reported 8 fatalities and 523 personal injuries in 2019 preliminary statistics compared to 7 fatalities and 502 personal injuries in 2018.  Among the 3,442 large truck accidents reported in 2019 preliminary statistics, 82 involved pedestrians (4 fatalities and 35 personal injuries), 42 involved cyclists (2 fatalities and 23 personal injuries) and 15 involved motorcyclists (no fatalities and 7 personal injuries).  Among the 523 personal injuries reported in 2019 in Kings County, 24 were serious, 41 were moderate, 414 minor and 21 of them were reported as level of severity unknown. More than a quarter of the injured victims were in their 30ies, around 20% were in their 20ies and another 20% were in their 40ies. Among the 8 people killed half of them were between 21 and 29 year old, 2 of them between 60 and 69 year old, one was in his fifties and another one was a teenager.

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the victim posted a picture of her car on IGA woman standing next to her car was fatally hit by a tractor trailer truck in NYC last week. 27 year old Keara Rosa had just purchased a used car two weeks before with some cash that she had been saving. She was very proud of her purchase and posted a picture of the new car on Instagram and commented “HARD WORK PAYS OFF , Thank you god”. Last Wednesday around 12:15 she was driving her car on the  Cross Bronx Expressway  near Southern Boulevard when something went wrong with it. She pulled over onto the shoulder and got out of her car. As she was standing next to her car, a massive truck crashed into it, pinning Keara between the car and the wall of the expressway and killing her.

The out of control truck hit several cars injuring two before fatally crashing into Keara’s car

According to the police, the 55 year-old truck driver was driving in the right lane of the 3-lane Bronx Expressway when he swerved to the left to avoid slow traffic ahead of him. As he was doing so, he  lost control of his truck and hit 3 cars: a Toyota Corolla driven by a 51 year-old man, a Toyota Camry driven by a 29 year-old woman and a Lexus driven by a 58 year old woman. After hitting the 3 cars, the truck swiped the concrete divider in the middle of the highway.  It then swerved back to the right side crashing into Keara’s car and killing her.

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Revel-scaledA man was killed in a Revel moped accident in New York yesterday. The 32 year old man identified by the police as Jeremy Malave was riding  the rented Revel north on Woodhaven Boulevard, Queens, when he lost control of the moped and struck a light pole near 67th Drive. The accident occurred around 3:15 am. EMS found Malave lying on the ground with a massive head injury. He was rushed to the hospital but he didn’t survive. The helmet was found on the ground nearby but it was not clear if Malave was wearing it at the time of the accident. (read more in the NY Daily News)

26 year old Revel passenger killed after driver lost control of the scooter

On Saturday July 18th, CBS 2 NY reporter Nina Kapur also died in a Revel accident. 26 year old Kapur was riding a Revel moped as a passenger in Brooklyn when the driver of the scooter suddenly swerved throwing Kapur onto the roadway.  The young woman suferd critical injuries and was rushed to the hospital where she later died. The driver of the Revel, a 26 year old man, suffered minor injuries. According to a witness, neither of them were wearing a helmet. (read more in the Daily News)

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29 people including 4 cyclists and 9 pedestrians died in crashes in New York City last June. While truck and bus accidents remain lower than usual, reckless car driving and speeding continue to be a cause of many injuries and deaths.

After dipping to a record low of 5 deaths during the Covid-19 lock-down, traffic fatalities peaked to 29 in June. Since Vision Zero started in 2014, this is a record high number of fatalities that was only reached once previously in June 2016. Injuries were on the rise too in June compared to the previous months of May and April but not as dramatically as the fatalities.  The total number of accidents increased as well. One of the main reasons why the total number of accidents dipped so dramatically is because since last March the NYPD doesn’t dispatch officers anymore at the scene of minor accidents. As a result the big drop observed since March is not only related to the Covid-19 crisis but also to the the fact there are no more NYPD reports for minor accidents.

Auto Accident NYC Injuries Deaths June 2020
New York traffic accident fatalities were on the rise for all categories of road users. 11 motorists, 5 passengers, 4 cyclists and 9 pedestrians died last June compared to respectively 7, 0, 2 and 2 during the previous month and 6, 3, 3, 8 in June 2019. Many of these fatalities are related to speed and reckless driving. While the city has slowly started to get back to normal, the traffic is not as heavy as it used to be before the coronavirus crisis and many motorists are driving over the speed limit.

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New York CyclistsAfter a high number of deadly pedestrian and bicycle accidents in New York City, especially in Brooklyn, last year, Brooklyn District Attorney Eric Gonzales decided it was time to do something about it. The DA just announced that he has created a new unit that will be dedicated to investigate any fatal motor vehicle accident occurring in Brooklyn. Now anytime a motor vehicle accident involves a fatality not only the NYPD investigation squad will  investigate the accident (if they show up ) but also a prosecutor from the DA’s office will rush to the scene of the accident. The prosecutor will run his or her own investigation speaking to witnesses, collecting evidence, documenting and drafting warrants to collect evidence.This measure will hopefully bring more justice to the victims of reckless drivers who are too often being let go by the police with no charges.

Botched police investigations and poor follow up on deadly traffic accidents are common in New York City

In most accidents, including those in which people are killed, drivers are usually getting a free pass except if they were driving under the influence or if they committed an extremely reckless act.  With the new DA unit it will not be the case anymore in Brooklyn, not only drivers will be held accountable with detailed investigations but the unit will also work with lawmakers to pass new laws against reckless driving.

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accident sceneA NYC pedestrian was fatally hit by a car in front of his house on Saturday evening.  50 year old Jose Barrera, a construction worker and father of 4 was killed by a car in front of his 6 year old daughter. Barrera was working 6 days a week and Saturday was his day off.

The accident occurred on 39th Street between Fort Hamilton Parkway and 10th Avenue in Brooklyn in front of his house. Barrera had just returned from grocery shopping at Cosco with his daughter and he was planning to cook for his family at night. He parked the car, carried his 6 year old daughter to the stoops and sat her there while he was unloading the car. As he was on the sidewalk carrying groceries, the driver of a 2014 Nissan Sedan lost control of his vehicle and hit him. Barrera was found by his wife laying on the ground covered in blood after she ran outside when she heard her 6 year old crying hysterically. When the ambulance arrived, it was already too late, They took him to he hospital but he could not be saved.

The driver identified as 21 year old Kareem Denton stayed at the scene of the accident. Denton and his passenger were both wearing work clothes from the Maimonides Medical Center. Police found Marjuana in the car and took Denton to the police station to be tested on suspicion that he was driving under the influence. Denton passed the test and was released a few hours later. He received a summon for Marijuana possession. No other charges were pressed against him.

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Satelite-view-of-Floyd-Bennett-AirportA tragic car accident resulted in 3 deaths and multiple injuries in New York City last Saturday night as a bunch of local teenagers gathered on a remote area of the Floyd Bennett airfield for some summer antics. Two 16 year old drivers with other young passengers on board crashed into each other while both were effectuating “donuts” on a runway converted into a road at the old Floyd Bennett Field airport.

Both drivers were 16 year old

According to the police report, 16 year old Emil Badalov was behind the wheel of a 2014 Kia Forte with 3 other people in the car: 11 year old Daniel Sidgiyayeva and his sister 18 year old Margarita, Sidgiyayeva as well as another 17 year old boy. Baladov was effectuating “donuts” when a Toyota Camry  crashed into them. The Toyota Camry was driven by another 16 year old boy who had two passengers: a 16 year old girl and an 18 year old boy. Baladov and the two Sidgiyayeva kids died while the other passenger is still hospitalized in critical condition. The 3 occupants of the Toyota Camry were all injured and hospitalized. They are in stable condition. No arrest were made.

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accident sceneA man was killed in a box truck accident in New York City last Tuesday. Hamlet Cruz Gomez was going grocery shopping in his SUV when the driver of a stolen box truck lost control of his vehicle and crashed into the SUV.  The truck driver, Ramon Pera was behind the wheel of the stolen truck and his driving was so reckless that he struck a few other parked cars before crashing into Cruz-Gomez SUV at the intersection of  Metropolitan Ave and Rentar Plaza in Queens. Cruz-Gomez was rushed to the emergency room but he couldn’t be saved.

The 25 year old victim was a radiology technician at Montefiore Medical Center. During the covid-19 pandemic he isolated himself from his pregnant wife. He was able to return home and escort his wife to the delivery room to welcome his new daughter around a month ago. According to his family and friends Cruz-Gomez was a hard working generous man who was ecstatic about the arrival of his baby girl. They are devastated.

After the accident, the reckless truck driver, 37 year old Pera, tried to run away on foot but was arrested shortly after. He was arraigned on charges of reckless endangerment, leaving the scene of an accident, assault, manslaughter and grand larceny.

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location of the pedestrian fatality Bronx NYCThe number of pedestrian fatalities in New York City which had significantly decreased during the coronavirus lock-down peaked back up as soon as the city started to reopen.

Yesterday night around 9:30 pm a 50 year old man who was crossing the street at the intersection of Beach Avenue and Mansion Street in Parkchester was fatally struck by a hit-and-run driver.  The man was rushed to the hospital but he could not be saved.

The Police are still looking for the driver who recklessly killed the pedestrian and sped away behind the wheel of a SUV. According to the police the driver was chasing another car when the accident occured.

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