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 deadly NYC bus accidentFederal Investigators announced yesterday that the bus accident that killed 3 people in NYC in 2017  might have been caused by a thermos that was dropped between the brake and the gas pedals.  On September 18th 2017 a charter bus operated by Dahlia group sped through a red light and crashed into a MTA bus at the intersection of Main Street and Northern Boulevard in Flushing. The bus speed was 60 mph which was twice the speed limit. The accident caused the death of the charter bus driver, a passenger on the MTA bus and a pedestrian (see previous blog) .

Metallic sound heard on audio tape moments before the accident

The National Transportation Safety Board just released a report stating that the cause of the fatal bus accident was uncertain but a dropped thermos bottle might be a possible explanation. According to the investigation, moments before the accident, the bus was travelling at the authorized speed of 30 mph when a metal rattling noise is heard on the audio recording. Then the driver is heard swearing while at the same time the bus accelerates. Then the bus driver swerved to avoid vehicles and entered the intersection at 60 mph. The investigators believe the driver did not deliberately accelerate to crash his vehicle.

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scene of the fatal hit and run accidentA pedestrian died from her injuries after being struck by a taxi driver who tried to flee the scene of the accident but was shortly after arrested by the police. 26 year old Sherena Hundalani was walking on the sidewalk of Queens Boulevard near 63rd Road next to a gas station when she was struck by a green taxi. It was not exactly clear if the driver pulled in the station to get some gas or to cut across. Witnesses saw him driving through the station and turning left onto the Queens Boulevard service road where he slammed into Sherena.

Good Samaritan stopped the reckless driver

A young man going by the name of Bolat told the News that he was at the scene of  the accident with his wife and kid and that he witnessed the taxi driver behaving erratically. The taxi almost drove into him and his family before abruptly turning on the service road slamming into Sherena. Then the driver tried to leave the scene of the accident and drove the wrong way in the middle lane of the road before pulling over. After he pulled over Bolat opened the front door of the taxi and took out the key. Then the police arrived and brought  the driver to the station. He was released later on at night. So far the man hasn’t charged and the police indicated that they were still investigating the accident.

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private garbage truck involved in New york fatal bicycle accidentPrivate garbage trucks are among the most dangerous vehicles in New York City. 5 people died and 73 were seriously injured in commercial waste truck accidents in NYC over the last two years (2017 and 2018).

After years of complaints by street safety advocates, the NYC Department of Sanitation finally released a Draft Generic Environmental Impact Statement (DEIS) for its Commercial Waste Zones plan.  This plan is the blueprint to reform the dangerous waste hauling system in New York City.

The actual system allows for 90 different private garbage truck companies to service 100,000 businesses anywhere in the city. As a result, garbage truck drivers and trash collectors are assigned long routes that they have to service each night. Trash collection is one of the most dangerous jobs in America. In New York City a commercial trash worker can pick up to 30 tones of commercial waste during the course of a daily shift that can last for up to 16 hours.  It is also common knowledge that some of them s are exploited and make between $40 and $80 a night while their unionized colleagues can make up to $100,000 a year.

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Lufthansa Cargo BuildingA 40 year old man was fatally crushed by a freight elevator at JKF Airport in NYC. Dillon Jobe was found critically injured in a shaft at the Lufthansa Cargo Building. His cell phone was lying next to him.  So far and according to the NY Daily News, the investigators believe that he dropped his cell phone and was trying to retrieve it, He later died at the hospital. According to the family the circumstances of the death are not clear and the mother told the Daily News that she was told that there was no video footage showing his son dropping his phone, The mother believes she is not getting the whole story. The NYPD is still investigating the fatal accident.

The mother was not called by Aviation Safeguard, the company for whom Dillon was working as a security guard but by the hospital. They asked her to come because her son was there. She rushed there with her other son. The hospital told the mother that her son didn’t have a heart-breath when he arrived but they didn’t know what happened. The hospital said that they were told that his body was found by a conveyor belt. They didn’t know what happened to him.

Dillon Jobe was from Trinidad. He left behind a 7 year old daughter. She lives in Trinidad but they were speaking together everyday. The family doesn’t know how to tell her that her dad is dead.

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NYC pedestrian safety action planHalf of NYC fatal pedestrian accidents occur on 7% or 424 miles of the city’s streets. These specific streets are going to be the main focus of the new Borough Pedestrian Safety Action Plans that were just released by the DOT yesterday. Mayor de Blasio announced that by the end of this year specific streets and avenues will undergo design changes to protect pedestrians from being killed in traffic.  The following priority corridors were identified for safety modifications:

  • Westchester Avenue, Boston Road and Soundview Avenue in the Bronx
  • Linden Boulevard, 8th Avenue, Surf Avenue and Bedford Avenue in Brooklyn
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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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