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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Queens Boulevard, once notoriously dubbed “the Boulevard of Death,” has seen a remarkable turnaround. In 1997, this street was a pedestrian nightmare, claiming 18 lives. However, since Vision Zero’s implementation in 2014, fatalities have drastically reduced, with some years witnessing zero deaths.

ThAtlantic Avenueis transformation didn’t happen by chance. It was the result of a concerted effort by the city, involving adjustments in pedestrian signal timings, road safety improvements, and the introduction of bike lanes. These measures not only enhanced safety but also fostered a more pedestrian and cyclist-friendly environment.

However, Atlantic Avenue tells a different story. Despite being another major NYC artery, it hasn’t received the same level of attention or intervention. The result is alarming: in the last decade, Atlantic Avenue has witnessed 40 traffic deaths, a number four times higher than that of Queens Boulevard. This stark contrast exemplifies the uneven application of Vision Zero across the city.

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Bronx location of the fatal hit and run accidentLourdes Camilo, a Bronx resident, was fatally injured in a hit-and-run accident at the intersection of Melrose Avenue and East 156th Street. This incident underscores the importance of road safety and the consequences of traffic law violations. It also reflects on the necessity for enhanced pedestrian protection measures.

The involvement of two vehicles – a white SUV that fled and a green Jeep Cherokee that stayed – brings forth different legal considerations.

1. Liability in Hit-and-Run: The driver of the white SUV, who left the scene, is subject to significant legal ramifications under New York law. Fleeing the scene of an accident, particularly one involving fatality, is a criminal offense.

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the intersection where the reckless driver killed the pedestrianXiaohong Chen, a 52-year-old pedestrian, was tragically struck and killed by a Dodge Ram pickup truck in Dyker Heights.

The driver, known for a long history of speeding and recklessness, as indicated by the numerous speed camera violations, made an illegal turn, leading to this fatal incident. Despite the driver’s alarming record and the presence of a vanity plate that ironically reads ‘NDRTAKER’, no immediate charges were filed (read more in Streetblog about the reckless driver).

Legal Perspective:

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accident-scene-1Following the recent tragic incident in Brooklyn, where a speeding Mercedes-Benz collided with a garbage truck, resulting in the untimely death of the car’s driver, it is crucial to explore the legal and safety aspects surrounding such accidents, especially those involving private carting companies.

At around 12:30 a.m. in Gerritsen Beach, a 54-year-old driver for Cogent Waste Solutions was executing a U-turn when the collision occurred. The Mercedes driver, 42-year-old Patrick Donovan, did not survive the impact. This incident exposes the dangers posed by private garbage haulers in New York City. Historically, these companies have been scrutinized for their operational methods.

As garbage truck accident lawyers in New York City, it is important to highlight the legal complexities in such cases. While the garbage truck driver did not face immediate charges, and Cogent Waste Solutions has expressed cooperation with the ongoing investigation, the key questions revolve around the operational practices of private carting companies and the responsibility they bear in ensuring public safety.

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Stockholm and Irving in Brooklyn location of the deadly hit and runA passenger is dead and 3 other people are in critical condition after two cars collided in Brooklyn in the early hours of Monday morning. The accident was captured by surveillance cameras and showed three individuals fleeing the scene of the accident.

Surveillance footage shows a Toyota cautiously approaching and then partially crossing Stockholm Street’s intersection. Then, a Kia, speeding along Irving Avenue, collided with the Toyota. The force of the impact was so severe that both vehicles spun out of control, striking a nearby suburban vehicle with such intensity that it was pushed onto the curb.

Shortly after the accident at around 12:45 a.m., emergency responders arrived at the scene. Four individuals from the Toyota were rushed to Elmhurst Hospital. Sadly, a male passenger succumbed to his injuries, while two others, aged 34 and 29, remain in critical condition. The 26-year-old driver of the Toyota, now in stable condition, faces charges for aggravated unlicensed operation of a motor vehicle.

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JFK airport where two construction workers were killedOn April 3, 2023, tragedy struck at John F. Kennedy International Airport in Queens, New York, when two workers from Triumph Construction Corp. lost their lives in a devastating construction accident. A subsequent investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) uncovered critical lapses in safety protocols that could have prevented this tragedy.

Two dedicated employees of Triumph Construction Corp. found themselves in a perilous situation as they attempted to remove soil from below a concrete slab within a trench. The concrete slab unexpectedly broke apart and collapsed, fatally crushing both workers.

OSHA’s Investigation

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Location of the fatal hit and run accidentAs pedestrian accident lawyers, we have seen the devastating aftermath of road accidents far too often. The recent tragedy involving Yvonne Sandiford, a cherished 79-year-old Brooklyn resident, is a reminder that our streets are failing the most vulnerable among us.

The accident, which unfolded on a dangerous street in Bedford-Stuyvesant, involved not one, but two hit-and-run drivers. It is a grim portrayal of the violence that can occur on our roads — violence that should be met with the same urgency and prevention as any other act of violence in our society.

It is deeply troubling that this fatal crash occurred within what is designated as a Senior Pedestrian Zone — areas where the city has pledged to enhance safety for older residents. Yet, the intersection of Herkimer Street and New York Avenue, notorious for being perilous, had seen no safety upgrades. This is not just a failure of infrastructure but a failure of duty to protect those who are most at risk.

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Location of the fatal NYPD tow truck accidentYesterday morning, a 7-year-old boy lost his life in Brooklyn, NYC, after being struck by a New York Police Department (NYPD) tow truck. The accident occurred at the northern border of Fort Greene Park.

The collision occurred at approximately 7:45 a.m. when the young boy and his mother crossed Myrtle Avenue in a marked crosswalk. The tow truck driver, identified as Stephanie Sharp, a 54-year-old traffic enforcement agent with the NYPD, attempted to make a right turn onto North Portland Avenue and tragically struck the boy, who was on his way to school. Despite the swift arrival of emergency medical workers, they were unable to save the young life, and the boy was pronounced dead at the scene.

Legal consequences

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yearly pedestrian fatalities in New York CityA grandmother who was pushing her 2-year-old granddaughter in a stroller was fatally struck by the driver of a pickup truck who failed to yield to them. The pedestrian accident occurred yesterday afternoon around 1:00 p.m. at the intersection of Bay 25th Street and Bath Avenue in Brooklyn. The 56-year-old driver of the pick-up truck,  identified as Faheem Shabazz, was making a left turn when he struck the grandmother and her goddaughter. He remained at the accident scene and was later charged with failing to yield to a pedestrian. According to How’s my driving, the pick-up truck has a history of recklessness. In the last 9 months, the pick-up truck received 9 violations for a total of $850 in fines. 4 of them were school zone speed camera violations.

The 66-year-old grandmother was transported to the hospital in critical condition but she did not survive. Miraculously her granddaughter survived and was not injured.

In New York City,  the Right of Way or Failure to Yield Law was passed in May 2014 to reduce pedestrian fatalities. Under this law drivers who fail to yield to a pedestrian or a cyclist can be subjected to a fine of up to $150 and up to 15 days in jail.  While this law and other initiatives such as the lowering of the city speed limit and the installation of speed cameras in school zones have led to a decrease in pedestrian fatalities in the city, large vehicles driven by reckless drivers remain a significant danger for pedestrians. Last year 116 pedestrians died in car accidents in New York City and 8,500 of them were injured.  While these numbers are lower than in 2013, before Vision Zero,  when 168 pedestrians were killed and 11,978 were injured they are far from the “zero” fatality goal of the Vision Zero program.

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OSHA logoAs construction accident attorneys in New York City, our commitment lies in ensuring the safety and well-being of workers in the construction industry. We are dedicated to upholding the rights of workers who have suffered due to the negligence of employers. A recent case highlights the importance of enforcing safety regulations in construction and the consequences faced by a New York contractor for willfully exposing employees to dangers that led to a fatal trench collapse in Brooklyn in 2018.

In September 2018, a horrific trench collapse in Brooklyn resulted in the tragic death of a worker. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched an investigation into the incident, revealing shocking negligence on the part of the contractor, WSC Group LLC. The OSHA investigation found that WSC Group LLC had willfully failed to provide an adequate protective system for employees working in the trench. This negligence exposed workers to serious excavation hazards that ultimately led to the worker’s death. The gravity of the situation was undeniable, and OSHA issued citations against the company.

WSC Group LLC, however, chose to contest OSHA’s citations before the Occupational Safety and Health Review Commission. The case took an unexpected turn when the Kings County District Attorney’s office pursued a criminal case against the company’s owner, Jiaxi “Jimmy” Liu. In March 2023, Liu was convicted of criminally negligent homicide and other charges related to the trench collapse.

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