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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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

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car accident scene in ManhattanThere are multiple ways to reduce car accident deaths in New York City.  One of the most successful ones has been the implementation of speed cameras and red light cameras in the city and the lowering of the speed limit to 25mph. The camera program as well as the speed limit control are in the hands of the state legislature and governor in Albany and as a result, not only the city of New York has to seek re-authorization for its automated enforcement program every 4 years as Albany still considers them “demonstrations” but also the city has to beg Albany any time it wants to make a change to this program.

As car accident fatalities in New York City are reaching highs never seen since the beginning of Vision Zero,  street safety advocate organization Transportation Alternatives is recommending Albany to:

  • Immediately authorizing home rule for the City of New York to have control over life-saving automated enforcement programs and speed limits.
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road defect killed cyclistA senior cyclist died in a accident caused by a road defect in Queens, NYC, last Thursday. 77 year old Lin Wen-Chiang was riding his bicycle on 40th Driver in Elmhurst when he hit a broken cave-in pavement  and fell off his bike. He suffered severe head trauma and died from his injuries.

6 complaints were previously logged in with the Department of Transportation as the cave-in pavement was never properly addressed

After the accident occurred, city workers were seen patching the defect which had been poorly addressed despite multiple complaints to the city.

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Sara-Perez18 year old Sara Perez was fatally struck by a by a 16 year old driver in Queens NYC. The accident occurred last Thursday in front of the Northern Lube and Tire Shop at 106 Northern Boulevard near 107th street.  A video  shows the pedestrian on the sidewalk  waiting for the pick up truck to back out of the garage. After the truck moved out of the way, the young woman proceeded to walk again. As she was doing so, the driver of the pick up truck suddenly reversed into drive, accelerated and crashed into her at a high rate speed. She was crushed against a fence in front of several horrified witnesses. One of them got so upset that he  opened the door of the truck, pulled the driver out and pinned his hand behind his back.

When EMS arrived Sara was unresponsive. She was rushed to the hospital but she could not be saved and was pronounced dead. The young woman was heading home after buying some food for her 10 kittens. She lived just a block away. Sara was fostering stray cats kittens so they could be adopted. She was planning on becoming a veterinarian. She loved animals. The family of Sara set up a gofundme  (picture) to help with the funeral costs and other bills related to the accident.

The driver of the Ford F-150 pickup truck stayed at the scene of the accident. So far he has not been charged or arrested.  It seemed that the young man  backed the car out into the heavy traffic of Northern Boulevard, almost hitting another car, panicked, reversed into drive, pressed the gas and slammed into the pedestrian.

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location of the fatal hit and run accidentLast May, a man behind the wheel of a Rolls Royce fatally struck a pedestrian crossing  Bayard Street at the intersection of McGuiness Boulevard and sped away. The pedestrian was 58 year old Matthew  Jensen. He was a beloved teacher at PS 110 and the Greenpoint community was very moved by his death. After the accident (see previous blog). 

The negligent driver is a 30 year old FDNY EMT

The NYPD announced yesterday that they identified the hit-and-run driver as Tariq Witherspoon, a 30 year old FDNY EMT. They arrested him and charged him with speeding, reckless endangerment, leaving the scene of an accident and criminally negligent homicide.

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