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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32 year old Michelle Mignott was killed in a car accident in New York City in 2014. The two reckless drivers who were indicted in the accident will be tried in August if they don’t accept a plea deal. Richard Roman-Santos and Gerard Herbert both charged with vehicular manslaughter appeared yesterday in front of Brooklyn Supreme Court Justice Vincent Del Giudice. The judge told then that if no plea agreement was reached the case would go to trial on August 1st. The two men were previously offered 3 to 9 years in jail if they pleaded guilty but they both refused.

On August 17th 2014, Herbert was driving in Brooklyn with two female passengers. One of them, Michelle Mignott was lying on the back seat. As he was making a left turn, Roman-Santos who was driving at a speed of 94 miles per hours crashed into him. Mignott was killed in the accident. Herbert who first refused to take a breathalyzer was later tested with .20.  Roman Santos accepted the breathalyzer and was found to be at the limit of .08.

The two men are expected to be back in front of the judge on June 7th and will have to say if they accept the plea deal or not.

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3 year old Mariam Dansoko was killed in a car accident in New York at the beginning of the week. Mariam was crossing the street with her mom who was pushing her brother in a stroller. All 3 pedestrians were in the crosswalk when a car made a left turn and fatally hit the little girl who was right behind her mom. According to Streetblog, despite evidence that the driver didn’t yield the right of way, he hasn’t been charged yet. The accident occurred in the Bronx. The car was travelling on Gerard Avenue and made a left turn onto E. 164th Street when it struck the toddler. According to witnesses the driver of the car was going too fast.

Read more in Streetblog

Picture, courtesy of Goggle Map, shows where the car was turning from and the location of the accident

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During the summer, there are between 500 and 700 bicycle accidents  in New York City every month. Most of them will result in injuries and an average 2 to 3 bicyclists will die in these accidents. Bicyclists who wear a helmet reduce their chance of death or serious injury in an accident by 85% according to recent studies.  In New York State the law makes it mandatory for bicyclists under 13 years old to wear a helmet. Adults are not required by law to wear a helmet but are highly encouraged to do so especially if they are riding in the congested streets of the city.

From April to the end of October 2016 the NYC Department of Transportation is organizing giveaways and helmet-fitting events across the city.  23,000 free helmets will be distributed to New Yorkers during these events. One of them took place last week at the Brooklyn Public Library (see NY Daily News).  Saturday, May 14th, a free helmet fitting and distribution event took place at St. Catherine ‘s Park, 1245 1st Ave in Manhattan. Another distribution of helmets took place on Sunday May 15th in Brooklyn during the Bike Bonanza event. During this event, families were invited to participate in free fun activities and get free helmets. For more free helmet events check here.

Bicycle accidents injuries deaths NYC February 2016

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Heather29 year old Heather Lough died from critical injuries sustained after she was struck by a truck while riding her bike in Brooklyn, NYC. The young woman had just been hired to work at the Brooklyn Botanical Gardens and was on her way to work when the accident happened.  Heater was coming out of the Metro North station and was riding her bicycle on Southern Boulevard when she was hit by a truck making a left turn at high speed. The bicyclist got stuck under the wheels and she was dragged for some distance under the truck until the driver stopped.  She was taken to the hospital in critical condition where she died from her injuries after five days of pain and suffering. The truck driver, 45 year old Robert Owens from Upper Manhattan was charged with reckless driving and failure to yield.

Heather’s best friend set up a fundraiser to pay for a natural burial near her family in Washington State. If you wish you can donate here.

The picture is from the fundraising page

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NYC fatal bicycle accidentA bicyclist was struck and killed by a reckless driver in New York City yesterday night. The 26 year old driver of a Honda Sedan was caught on a surveillance camera recklessly speeding on Brooklyn streets moments before the accident. Witnesses told CBS news that they saw the car speeding on Avenue P and blowing two red lights. At the second light the reckless driver collided with a car that was crossing the intersection with the green light. The impact was so strong that the two cars careened away into a nearby bicyclist who got pinned under one of them. Witnesses ran to the scene of the accident and lifted the car to liberate the bicyclist but he couldn’t be saved and died from his injuries. Firefighters had to cut one of the cars in half to free the driver. Both car drivers only suffered minor injuries. The reckless driver is now in police custody and he is facing criminal charges.

Picture source: courtesy of New York Rescue Response Team on Twitter

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A pedestrian died in NYC after being struck by a car that drove over him and didn’t stop. Sunday morning around 2:30 am, 43 year old Doodnach Lalcahn started to cross the intersection of 115th Ave and 131st Street in Ozone Park Queens, NYC, when he fell on the ground. A video surveillance shows a car driving over him, slowing down and then continuing on its way. Other vehicles drove by without stopping . Finally a good Samaritan parked his car in front of the victim to prevent other cars from hitting him. Unfortunately it was too late. The man who suffered severe head trauma died at the scene of the accident.

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A pedestrian died and two other people were injured in a car accident in NYC on Sunday. The accident occurred at the intersection of E. 94th Street and Avenue K in Canarsie, Brooklyn. The driver of a SUV struck another car, lost control of the vehicle that slammed into two pedestrians waiting to cross the road. The pedestrians were a couple living nearby. The wife, 51 year old, Chooi Tan  suffered severe injury. The couple as well as the driver of the car hit by the SUV were all transported to the hospital. Chooi Tan died at the hospital while her husband and the driver were in stable condition.

The driver of the SUV and a passenger fled the scene of the accident by foot. The police are still looking for them. The SUV was reported stolen last Friday.

Read more in the NY Daily News

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NYPDWhen Lauren David died in a bike accident in Brooklyn (see previous blog), the NYPD initially reported that David was biking against traffic. In a recent article the Gothamist indicated that the police have amended their report and after investigation they found that David was indeed riding in the direction of the traffic. The police also told reporters that they are discussing possible charges against the driver with the Brooklyn DA.

In New York City the police have a habit of immediately blaming the victims before investigating the accident. Just a few days after David was killed, another biker died in a traffic accident in Brooklyn.  James Gregg was fatally struck by a truck which was driving in a non truck zone. Again the police found ridiculous excuses to blame the victim (see previous blog). Last Sunday the Brooklyn Borough President Eric Adams who led a memorial bike ride for the two victims (see previous blog) asked the NYPD to stop speculating  on the causes of accidents until the investigation is finished.

Picture: courtesy of Wikipedia

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Bike Lane in BrooklynTwo people died in bike accidents in Brooklyn, NYC in April.  James Gregg was killed on April 20 by a tractor trailer truck who’s driver illegally drove in a non truck residential street (see our previous blog). Lauren Davis was fatally struck by a car making  a left turn on April 15th (see our previous blog).

On Sunday, Brooklyn Borough President, Eric Adams, led a memorial bike ride in honor of these two victims. He laid flowers in front of a ghost bike memorial installed by Transportation Alternatives at the intersection of 6th Ave and Sterling Place where Gregg died. The bicyclists then rode to the intersection of Clason and Lexington Avenues where Davis was killed.

Adams asked the DOT to continue its work to protect NYC Bicyclists. He also asked the NYPD to enforce the 25 mph speed limit and the law that prevents trucks from driving in residential areas.

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A young pedestrian was struck by a car in New York City last week. The accident happened at the dangerous intersection of E. 165th St. and The Grand Concourse in the Bronx. The 11 year old boy was crossing the Grand Concourse when he was struck by a car driving South on E. 165th Street. The boy was critically injured during the accident. (read more in the NY Daily News)

E. 165th Street between Jerome Ave and Melrose Ave was flagged by Vision Zero  for a safer street redesign. Between 2009 and 2013, two pedestrians died, 37 were injured (including 5 severely) and 6 bicyclists were injured in traffic accidents at this specific part of the street.  The two fatalities occurred at the intersection of E. 165th St. and The Grand Concourse where the 11 year old boy was critically injured last week.

According to Vision Zero statistics, 50% of the pedestrian accidents on E 165th street are caused by drivers failing to yield and 28% of all motor vehicle crashes on this street took place while a driver was making a left turn.

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