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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A 14 year old cyclist died after being struck by a car in NYC Saturday a little before 6:pm. Edwin Ajacalon from Guatemala was working as a delivery boy for a local restaurant. He was crossing Fifth Ave in Greenwood when he was hit by a BMW. According to the NY Daily News, the BMW had the green light.

A surveillance video shows the car slamming into the bicyclist at full speed. A witness said he saw the cyclist going up in the air and falling onto the windshield. The witness also said the car then continued on its way dragging the boy down the block. An off duty cop saw the scene and was able to block the BMW with his own car forcing the driver to stop. Both the cyclist and the BMW driver were transported to the hospital.Edwin Ajacalon died from his injuries. He arrived in Brooklyn a year ago. His parents are too poor to come to the US to reclaim his body. Edwin was sharing a bedroom with five other delivery boys and was sending money to his parents in Guatemala. The driver of the BMW was cooperating with the police.

https://www.youtube.com/watch?v=DN4lGT-Ghis

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NYC Fatal car accident locationA man died in a car accident  in Queens, NYC on Saturday night. 18 year old Xylique Lovelace-Loney was driving his car on Sutter Avenue in Ozone Park when he got T-boned by another car coming from 80th Street.  The impact was so intense that Xylique’s car careened into two other parked cars.

People who witnessed or heard the accident ran to the rescue. Xylique was traped in his mangled car and the crowd around him was talking to him and trying to to keep him alive until the arrival of the emergency team.

Firefighters had to cut the car to free the victim who was rushed to the hospital. Unfortunately he couldn’t be saved.

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hit and runOn average there is one fatal hit and run accident every week in New York City and too often the police will never be able to identify the driver.  Out of 44,865 hit-and-runs reported to the NYPD in the 2016 fiscal year, there were only 510 arrests. To fight this epidemic, the City Council passed a new bill yesterday. The bill is named after Queens DJ Jinx  Paul who was killed in a hit and tun accident last year in Brooklyn. It was introduced by Coucilman Idanis Rodriguez (D-Manhattan). Rodriguez proposes to create a system similar to the existing Amber Alert.  The idea is that the police use the existing Amber Alert technology to send out an alert of hit and run drivers with the available information. The NYPD supports the bill as long as they have an option to op out in case the alert may compromise the investigation or if they don’t have sufficient information.

Read more in the NY Daily News

Picture: courtesy of Maxpixel

 

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 epilepsyA New York taxi driver who fatally struck two pedestrians in the Bronx after he stopped taking his epilepsy medication pled guilty to one count of assault, a class D felony, and two counts of homicide. On March 20 2015, Emilio Garcia who had been off his epilepsy medications for 3 months, lost control of his taxi and fatally struck 5 year old Tierre Clark and 25 year old Kadeem Brown on the Grand Concourse near 170th Street in the Bronx. Several pedestrians were also injured during the crash. The accident occurred 3 months after a previous collision during which Garcia injured another driver in New York City. Drivers who, like Garcia, are affected by a medical condition that can affect driving, such as epilepsy, are supposed to report their condition to the New York State Department of Motor Vehicles. Garcia never disclosed his condition. Not even at the time of the first accident. He just continued to drive despite knowing that his negligent behavior was putting road users at risks of dangerous accidents. The Taxi and Limousine Commission also failed to prevent Garcia from continuing to drive after the first accident. The taxi driver is expected to be sentenced in December.

Epilepsy is a serious condition that can be treated. Anyone suffering from this condition and driving a vehicle has to be medicated. Unfortunately Garcia is not the first driver who got off his meds and ended up killing pedestrians in New York City.  In 2015 in the Bronx,  a man who didn’t take his medications had a seizure behind the wheel and killed a 10 year old girl, her grand father and another man. He was charged with manslaughter.  In 2008 a garbage truck driver who was off his meds killed two people after loosing control of his truck. He was convicted of murder.

Picture: Courtesy of Pixabay

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accident sceneA pedestrian was killed by a van driver who had previously crashed into his car in a supermarket parking lot in New York City. The 65 year old victim was coming out of Costco on Second Ave and 37th Street in Sunny Park, Brooklyn when he saw a commercial van striking his car and driving off. The victim jumped in his car and started chasing the van.  He followed the van up to Third Ave and 65th Street in Bay Ridge.  At this point he got out of his car and walked to the van to confront the driver. The 55 year old van driver struck him, ran over him and dragged him over two blocks. Witnesses in the street were screaming at the van driver to stop. He was stopped by another motorist who also witnessed the scene and drove his car in front of the van to stop him.  The firefighters had to lift the van to remove the victim who was rushed to the hospital. Unfortunately he couldn’t be saved. The van driver was taken into police custody.

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22 year old Joanna Mei is responsible for the fire that killed two people and injured 10 others in Dyker Heights, Brooklyn, on Thursday. The 22 year old nursing student was charged with two counts of murder and arson. Mei told the police that she was upset with the trash filling the hallway and with the death of a relative several years ago. She explained that she set a garbage can on fire and then felt bad about it and tried to kick the can to stop the fire. Instead the burning rubble spread on the floor and reached some nearby gasoline which erupted into flames. Then the fire quickly started to spread all over the building. There were no smoke detectors in the whole building. Specially trained dogs sniffed gasoline on Mei clothes as well as in other spots of the building including on the third floor where the two victims were living. The victims, 58 year old Xi Huang and 56 year old Feng Xu were a couple from China. They had moved into the building a little less than a year ago. Mei also lived on the third floor.

Read more in the NY Daily News

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accident sceneTwo teenagers died in a car accident in New York City on Monday night.  19 year old Daniel Castellano was driving a 2009 Ford Fusion while his friend 17 year old, Sebastian Serrano was sitting in the passenger seat. They were heading North on Richmond Ave in Bulls Head, Staten Island. When they were near Signs Road, the young driver lost control of his vehicle and hit a parked car. The impact was so intense that the car then veered into a pole and then crashed through the wall of a construction site. Both teenagers were killed during the accident.  The accident occurred less than a mile away from the location of another crash that occurred the day before and left a NYPD detective seriously injured (see previous blog).

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New York Wrongful death Attorneys Ben Rubinowitz and Peter SaghirOur New York Personal Injury Attorneys Ben Rubinowitz and Peter Saghir  recently obtained a $41.5 million Verdict for the wrongful death of a City sanitation worker who was struck by a sweeper truck.
43-year-old Steven Frosh, a City worker died on the job in 2014. He left behind a wife and 4 children aged 7 weeks, 3, 8 and 11 year-old. At the time of the accident, Mr. Frosh was in a city garage in Maspeth. He was making adjustments to his street sweeper truck when he was fatally hit by another street sweeper. He suffered excruciating pain for 2 to 3 minutes before succumbing to his injuries.
His wife, Bina Frosch, sued the City of New York for the negligence and carelessness of the worker driving the sweeper truck.
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deblasioToo many construction workers die or are getting injured on the job in New York City. A majority of fatal construction accidents occur at non unionized sites. Most of them can be prevented if workers observe basic safety rules. Unfortunately too often construction workers are not proprely trained about the dangers of working on construction sites. Many greedy contractors or developers hire cheap immigrant workers with little to no experience who get injured or even die in accidents because they haven’t been proprely trained.

To curb the recent increase of deaths on NYC construction sites,  Mayor de Blasio signed yesterday “Intro. 1447-C” a bill requiring each construction worker to attend 40 hours of safety training to be able to work at a New York construction site. “For the hard-hats in one of our city’s most dangerous jobs, this bill will help get them home to their families at night and keep the general public safe around construction sites. I want to thank Speaker Mark-Viverito and the Council for bringing this legislation into fruition and helping making our city even healthier, fairer and safer city for all.” said Mayor de Blasio in his press release.

The bill was supported by the construction workers unions but most of the contractors and the real estate industry opposed it. They argue that it would be expensive and that the timeline was impractical.  However, according to Councilman Jumaane Williams (D-Brooklyn), a sponsor of the bill, the city will provide $5 million to help pay for the training for small companies and minorities.

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Since Vision Zero started in 2014 fewer people are dying in traffic accidents in New York City but more and more are getting injured. Vision Zero initiatives  helped decrease the number of pedestrian deaths and injuries however the number of motorists injured in car accidents in the city increased at an alarming rate over the last 3 years.

5,163 people suffered personal injury in motor vehicle accidents in New York City last August compared to respectively 5,383,  4,737, 4,445, 4,007 and 4,846 in August 2016, 2015, 2014 and 2013.  Since the month of May the monthly number of people injured in traffic accidents stayed above 5,000.  The same occurred last summer as well.

Injuries and deaths related to traffic accidents in NYC
Despite a decrease in both pedestrian and bicycle accident injuries over the last 3 years the total number of motor vehicle accident injuries continued to grow mostly due to a steady increase of motorist injuries over the last 3 years.

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