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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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fall prevention posterLast year, 7 out of the 9 NYC construction worker deaths reported by the Department of Buildings were caused by falls. Additionnally the DOB also reported that 194 workers were injured in fall accidents on New York City construction sites during the same period. This was a record high compared to the previous years (see previous blog). Despite increased safety training requirements for workers, fall remains the number one cause of accident deaths and injuries in the New York construction industry and nationally as well. According to the most recent statistics from the BLS 351 out of the 1,008 construction fatalities recorded nationally in 2020 were fall fatalities. Most of these accidents were preventable.

Preventing fall accidents is the reason why, every year, the Occupational Safety and Health Administration in collaboration with multiple other partners involved in workplace safety such as the CPWR and NORA are organizing a National Stand Down during which employers are invited to voluntarily take a break from work and sit down with their workers to discuss or participate to activities  related to fall hazards.

Anyone can participate and every year sees more and more participants from major corporate construction companies to small contractors, including the US Army and other governmental participants. All employers  participating receive a certificate.

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Another NYC pedestrian hit by an out of control driver died. A week ago, 38 year old Jennifer Tolliver was walking on a NYC sidewalk with her 6 year old son Ashton when they were struck in the back by an out of control driver who jumped the curb (see previous blog).  Tolliver and her son were rushed to the hospital in critical condition. The driver who hit them was also transported to the hospital. He was seriously injured but was in stable condition. Yesterday the police announced that Jennifer Tolliver died from her injuries leaving behind her son for whom the police did not provide an update. The police also confirmed that they did not charge the driver. At the time of the accident the police mentioned that the driver may have suffered a medical episode however they did not provide any update about it and what type of medical episode he may have suffered. Read more in the NY Post

In New York City one pedestrian dies approximately every 3 days in a car accident

According to the most recent NYPD statistics, 10 pedestrians died in car accidents in New York City in February and 11 in January for a total of 21 for the first two months of the year. This is the highest number of pedestrian fatalities for the first two months of the year since 2020 when 23 pedestrians died during the first two months of the year.

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location of the Harlem accidentA mother and her son were critically injured in a horrific car accident in NYC yesterday afternoon that was caught on video surveillance (see below) .The 38 year-old mother was walking and holding the hand of her 6 year old son on a  Harlem sidewalk when the driver of a car lost control of his vehicle, jumped the curb at high speed and mowed them down. They were both critically injured and rushed to the hospital. The 69-year-old driver driver was also injured and according to the police he might have suffered a medical episode.

The accident occurred in the middle of the afternoon right by the West 145th Street and Malcolm X Boulevard bus stop. The video surveillance shows the red car jumping the curb and driving on the sidewalk at a high rate of speed  right behind the unsuspicious mom and her son.  After hitting them, the car then destroyed a flower shop and a few other vehicles.

Witnesses are still horrified by what they saw and are still wondering what can be done to prevent such horrifying accidents. Police are still investigating the accident and at this point it is still unclear what kind of medical episode the driver suffered.

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Construction accident fatalities and injuries in New York City in 2021 were a little bit higher than in 2020 but lower than during the years preceding the Covid19 crisis according to the New York City Department of Buildings statistics.  The DOB only reports construction worker fatalities that are caused by  building code violations. Brooklyn and Manhattan had the most fatalities, 3 each while the other boroughs all recorded one fatality each for a total of 9 worker fatalities compared to 8 in 2020 and 11 in 2019.

Construction accident deaths NYC 2021
7 out of the 9 hard hat deaths were caused by fall and 2 of them were caused by accidents related to mechanical construction equipment failure. Despite construction workers now being required to follow safety training, fall related fatalities were at their highest since 2017. Most fall accidents are preventable. They usually occur when safety rules are not respected.

Factors in New York construction worker deaths in 2021
Almost the same number of injuries were reported to the DOB in 2021 compared to 2020. 505 workers were injured in construction accidents in New York City in 2021 compared to 502 a year earlier and 596 in 2019. Most injuries’ occurred on Manhattan construction sites (300) followed by Brooklyn (105), Bronx (48), Queens (45) and Staten Island (7).

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440 HarmanA Nassau contractor whose negligence caused the death of a 5 year old child in Brooklyn, NYC, in 2019 has been indicted on  manslaughter, criminally negligent homicide, reckless endangerment, offering a false instrument for filing and falsifying business records. He is due back in court in May.

Alysson Pinto-Chauman had her skull crushed in front of her mom

The accident occurred on August 29 2019. 5 year old Alysson Pinto-Chaumana was with her mom and a group of friends standing in front of the high wall of a property located on Harman Street in Bushwick, Brooklyn when part of the wall suddenly collapsed on the toddler. Her skull was crushed in the accident. Her mom who was standing next to her witnessed the entire scene and said the vision will be engraved in her memory forever.

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accident sceneA man crossing the street in a wheelchair was  killed in a truck accident in New York City.  The accident occurred on Saturday morning at the intersection of Central Avenue and Nameoke Ave in Far Rockaway, Queens.  A video shows the 73 year old victim proceeding to cross Central Avenue in front of the box truck while the driver waits at the red light. As the man slowly crosses in front of the truck, the driver pulls ahead and crushes the man on the wheelchair.  The truck driver then continued to drive while dragging the victim and the wheelchair down the block before stopping.

The victim was rushed to the hospital but he could not be saved. Locals who knew the victims said he was a very nice and pleasant man.

The driver was identified as 42 year old Freddy Saquisili from Long Island.  He remained at the scene of the accident and police found out that he was driving the 2013 International Harvester delivery truck with a suspended license and should have never been behind the wheel of the truck. He was arrested and charged with aggravated unlicensed driving.  He was later released without bail after his arraignment. He is facing up to 4 years in prison.

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657 pedestrians, 161 cyclists, 870 passengers and 1,429 motorists were injured in motor vehicle accidents in New York City last January. 19 other road users died in crashes the same month, including 11 pedestrians, 5 passengers and 3 motorists. This is the highest number of fatalities for a month of January since January 2019 and the highest it ever got during a month and more than half of them were motorists. Last year during the same month, 13 people were killed in traffic accidents in the city.

auto accident fatalities NYC January 22
auto accident deaths by category of road users New York January 22
The total number of  people injured in motor vehicle accidents in January 2022 in the city was a little higher than in January 2021 when it reached 3,028 however this number remained lower than numbers recorded during the months of January before the pandemic.  The graph below illustrates well the seasonality of car accident injuries with the month of January being usually a month during which there are less injuries reported than during the summer months. The graph also shows a big drop during the lockdown.

Motorists and passengers are the two categories of road users that usually sustained the most injuries of all auto accidents reported in the city.

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Pennslylvania Blvd and Linden Blvd where the pedestrian was killedAnother pedestrian died in a a car accident in Brooklyn, NYC, early Tuesday morning.  The 62 year old  woman stepped off the curb on Pennsylvania Avenue near the intersection of Linden Boulevard stumbled and fell on the road around 12:58 am. Shortly after a car ran over her and kept going. The police said it was not clear if the driver knew he hit someone. The woman suffered massive traumatic brain injury and died at the scene of the accident.  Located in East New York, Pennsylvania Boulevard is a massive speedway that did not receive the type of Vision Zero safety treatment that can be seen in wealthier areas of New York. (read more in the NY Daily News).

Additionnally on Sunday around 4:00 am a reckless driver totaled his a car and a war monument  in a massive explosion in Brooklyn. The driver of a BMW with a Texas license plate was speeding when he lost control of his vehicle and crashed into the war memorial in the center of Bartel Pritchard Square near Prospect Park.  Two people were in the car, the driver and a 23 year old female passenger. The young woman was injured and transported to the hospital while the driver refused medical attention.  It is difficult to understand why the driver of this car was still allowed to drive. The license plates show that the car had 145 violations since January 14 2021.including 95 speed camera tickets and 25 red light cameras tickets. The car was also issued two dozen parking tickets but was never impounded despite being way above the $350 threshold in unpaid tickets for being towed away.

People are getting killed  and injured in car accidents in New York City at a rate never seen since Vision Zero started in 2014.   NYPD data indicate that between January 1st and March 6 2022 car accident injuries increased by 12.1 % compared to the same period a year earlier. Since the beginning of the year, a total of 6,977 people were injured in car accidents. This indicate that every day, in average, 107 people are injured  in NYC car accidents.

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location of the Bronx fatal dump truck accidentA 76 year old pedestrian was fatally struck by a dump truck in the Bronx, NYC, on Monday morning. 76 year old Lola Blair was crossing Enstein Loop around 11:45 am when she was hit by a dump truck making a left turn from the Hutchinson River Parkway service road onto Einstein Loop.  The dump truck driver first continued to drive but then returned to the scene of the accident. The woman was rushed to the hospital where she died from her injuries. She was living nearby, in Co-op city.

Drivers, especially truck drivers must exercise due care when driving in residential areas but so far the NYPD did not charge the dump truck driver for failure to exercise due care.

On Friday another pedestrian was fatally struck by a garbage truck in Brooklyn ( see previous blog).

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garbage truck accident Brooklyn TwitA 62 year old man was killed in a garbage truck accident in Brooklyn, NYC, on Friday afternoon. The accident occurred around 3:30 pm in front of the Atlantic Terminal Mall near the Barclay Center.  The pedestrian was crossing Flatbush Avenue at the intersection of Atlantic Avenue when he was struck by a commercial garbage truck belonging to the private hauler Safeway Services Corp. The 37 year old driver remained at the scene of the accident.

The pedestrian was struck a few feet away from the faded crosswalk and pictures from the accident scene on social media may indicate that the pedestrian was using a walker. It is not clear if the garbage was driving through the intersection and was on Flatbush Avenue with the light in his favor or if he made a right turn from Atlantic Avenue onto Flatbush and both pedestrians and turning traffic had the green light when the accident occurred.  In that case the truck driver should have yielded to the pedestrian. It is not clear either if the garbage truck was equipped with guardrails.  The law requires that all garbage trucks above 10,000 pounds be equipped with guardrails by 2024.

The intersection remains dangerous despite structural improvements in 2018