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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 wrongfull death nyc

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drunk drivingA woman whose identity was not revealed and a 20 year old boy identified as Frankely Nunez-Payano both died in drunk driving accidents in New York City this week-end. Both were passengers in cars driven by young drunk drivers. Both accidents happened minutes apart from each other.

The first accident took place in Jamaica, Queens, on Saturday night around 4:10 am.  23 year old Gilberto Cordova, was allegedly drunk when he was speeding down 112th road in Jamaica, Queens, with 5 passengers in his car. As he was near the intersection of Guy R. Brewer Blvd, he lost control of the vehicle, struck a pole and crashed into a parked van. The impact was so intense that the van jumped onto the sidewalk. All occupants were rushed to the hospital. The female passenger died from her injuries. the other 5 occupants all suffered serious injury but were in stable condition. Cordova was charged with driving while intoxicated, vehicular assault, criminal negligent homicide and vehicular manslaughter.

A few minutes later in the Bronx, another drunk driver, 19 year old Andre Hatcher, crashed his car into a truck, killing his friend, 20 year old Frankely Nunez-Payano. The 19-wheeler truck was driving east on Manida street and Oak Point Boulevard when it was T-boned by the Infiniti driven by Hatcher. The car got crushed under the truck and the passenger suffered critical injury. He later died at the hospital. The driver was taken into custody and later on charged with criminally negligent homicide, manslaughter, vehicular manslaughter, driving while intoxicated and driving while impaired.

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location of the hit and run accidentA deaf man who was standing next to his bicycle in the median of Atlantic Avenue at the intersection of Essex Street in East New York, Brooklyn, was killed by a hit-and-run driver on Friday night around 10:10 pm.

Hit by a speeding car

56 year old Jose Ramos had just finished a late shift at a store and was heading home with his wife Martha. Jose was walking next to his wife with his bike on his side. As they were crossing Atlantic Avenue at Essex street, they stopped on the median to wait for the light to turn green for the pedestrians. All of sudden a sedan racing down Atlantic Avenue slammed into Jose, causing him major body trauma. His wife Martha who is also deaf, ran home two blocks away, to get someone to call an ambulance. When she came back a few minutes later, the sedan was gone.

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One pedestrian died and several other people were injured in multiple car accidents in New York City over the Memorial Day week end.

One of the victims was Leonard Mitchell, a 70 year old resident of Brooklyn, NYC. Mitchell was steps away from his home when he was struck by a dark sedan that took off. The pedestrian was crossing Atlantic Avenue mid-block between Nevin Street and Third Avenue a little before 11:00 pm on Monday night when the accident happened.

Mitchell was rushed to the hospital where he died from his injuries.

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Location of the fatal pedestrian accident in Brooklyn, NYCA motorist fatally hit a pedestrian in Brooklyn, NY and took off on foot last Saturday morning around 8:00 am. The pedestrian was 52 year old Angel Aguilar-Duran, a private sanitation worker on the job. At the time of the accident, Angel was standing  in the street, guiding the driver of the garbage truck backing down on Hope Street near the Havemeyer Street intersection. As they were maneuvering, the driver of a 2005 Honda Odyssey minivan got impatient  and attempted to go around the garbage truck. She struck Angel who fell under the wheels of the minivan and dragged him under the vehicle for 50 feet.

The driver of the minivan took off on foot 

The sanitation worker was stuck under the minivan with his legs sticking out. People in the street started to run toward the minivan to help while others ran to a nearby firehouse to ask for help. The passenger got out of the minivan while the driver stayed inside and stayed silent. The passenger tried to pull the sanitation worker from under the car but people around him told him not to move him. He then picked up a car jack from the minivan and hoisted the vehicle up. Then in the weirdest move, the driver of the minivan got out of the vehicle and took off on foot. A few minutes later, the passenger did the same despite witnesses yelling at them to stay at the scene of the accident.

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Monthly ambulance crashes in NYCAn elderly woman died and 8 other people were injured after a car T-boned an ambulance in New York City.

The accident took place last Sunday afternoon around 3:00 pm in Flatlands, Brooklyn, NYC. An Hatzola ambulance was transporting a 95 year old woman who suffered a cardiac arrest  to the hospital. The emergency vehicle was  heading South on Schenectady Avenue with its lights and sirens on according to witnesses.  As it crossed Avenue N, the ambulance was T-boned by a car travelling west bound on Avenue N.

A witness told the NY Daily News that the light had just turned from orange to red when the ambulance crossed the intersection and that the driver of the black Nissan who was speeding might not have heard the ambulance sirens.

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NYC Bicycle accidents preventionDuring the pandemic, NYC bicycle accident injuries and deaths have reached record highs.

Many New Yorkers who switched their Metrocard for a bike lock learned that commuting in New York City by bike remains challenging especially in some areas of the city where bicycling infrastructures are still limited.

To help newbie cyclists and offer a refresher to more experienced ones, the NYC Department of Transportation recently released  “Bike Smart”, a guide to safely ride a bicycle in  New York City.

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8 construction workers died and 502 were injured on the job in New York City in 2020 compared to respectively 11 and 596 in 2019. The slowdown in the construction industry  related to the COVID-19 pandemic in all market sectors, except for healthcare construction, is the main factor behind this decline. Additionally Local Law 196 which was signed in 2017 but took effect in 2019 might also have contributed to a decrease in construction accident deaths and injuries in New York City. Local Law 196 requires that construction workers take a 40 hour safety training course and supervisors 62 hours safety course to be able to work on a NYC construction site. Most construction accidents are preventable and often occurred when workers lack sufficient knowledge or training.

NYC Construction accident fatalities decreased in every boroughs except for Brooklyn.

Construction Accident Deaths NYC 2020
Manhattan is the borough that saw the most significant decrease in construction workers fatalities in 2020. Two construction workers died in accidents in Manhattan last year compared to respectively 6, 6, 7, 5 and 7 in 2019, 2018, 2017, 2016 and 2015. It is the fist time over the last 5 years that the number of construction accident fatalities in Manhattan is that low.

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116 bicyclists, 504 pedestrians, 1,116 motor vehicle passengers and 1,795 motor vehicle drivers were injured in traffic accidents in New York City during the month of November for a total of 4,039 people injured. Another 28 people died in similar circumstances, among them were 6 cyclists, 13 pedestrians, 1 passenger and 8 drivers. (click on graphs for full size)

Traffic Accident Injuries NYC November 2020
New York Auto Accident Death November 20
While the total number of monthly deaths reached a record high for the month of November since Vision Zero was launched in 2013, the total number of monthly injuries was at its lowest since 2013 for the month of November.  Since the beginning of 2020 when the Covid pandemic started, the streets of New York City are less busy than usual which might explain why the monthly number of people injured in traffic accidents for the entire year stayed below the trendline. However less traffic has lead to speeding and other reckless activities  which resulted in more traffic fatalities.

Car accident injuries in New York in November with trendline
car accident death in NYC in November with trendline
Because of the pandemic, the city saw an increase of people using bicycles to commute. However riding a bike in New York City remains dangerous despite new bike lanes that are being implemented all over the city. While cyclists infrastructure are decently developed in Manhattan it is not the case in the other boroughs especially in the Bronx where Citi Bike has implemented new bike shares but protected bike lanes are still rare. As a result the number of NYC bicycle accident injuries and deaths are exploding. Last November 6 people died in bicycle accidents compared to respectively 1,0, 2, 0, 0, 1, 2 and 2 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. This is the second time in the last 3 months that the monthly number of bike accident deaths reached a record high. The number of injuries also jumped to 504 last November compared to respectively 246, 285, 366, 346, 276, and 280 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. The number of bicycle accident injuries more than doubled from November 2019 to November 2020. The total number of bicycle accidents was also on the rise with 537 accidents in November compared to respectively 367, 375, 400, 465, 454, 383 and 368 in November 2019, 2018, 2017, 2016, 2015, 2014 and 2013. While  the graphs below clearly show that the total number of bicycle accidents and the resulting injuries are seasonal and reach their peaks during the summer all trendlines are on the rise and over the recent months bicycle accidents injuries and deaths have all reached record highs.

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location of the fatal car accidentTwo women car pooling to work were killed after their car was T-boned by a speeding driver who blew a red light in East New York. The fatal car accident took place at the intersection of Flatlands Ave and Pennsylvania Av.

Sandra Liberice and Nerlye Sainvil were car pooling together to work. Both women were healthcare workers taking care of mentally disabled children at a group home run by the nonprofit organization “Services for the Undeserved. They had a night shift.  Sainvil had picked up Liberice and they were carpooling together to work. They were less than a mile away from their destination when the accident occurred. Video surveillance showed that the two women were travelling East on Flatland Ave. After the light turned green at the intersection of Pennsylvania Ave, Sainvil started to slowly drive through the intersection when all of sudden a speeding BMW T-boned them at full speed. The two occupants of the BMW were able to extricate themselves from their car and fled the scene of the accident on foot leaving the two women dying behind them.  They both died at the scene of the accident.

Both women were essential workers and had been going to work during the covid-19 lockdown. They both immigrated from Haiti. Nerlye  Sainvil immigrated to the US in 2001, She had a Law degree from Haiti and initially studied to work as a paralegal. She was hired as a direct care worker at the group home and decided to stay there.  Sainvil was 58 year old. She was a church goer and she as suppsoed to get married to her fiancé this year but the wedding was postponed because of the covid-19 crisis. Her fiancé and her 8 siblings were in shock. She was suppsoed to go to visit he sister in Pennsylvania during the holidays.

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5 construction workers died  and 240 were injured in New York City between June 1st and October 31st. Last year during the same period, 6 workers died and 275 were injured in NYC construction accidents.

After a slow down in March, April and May related to the Covid-19 lock down, the construction industry resumed work in the city. Out of the 5 fatalities, 3 occurred in Brooklyn and 2 in Manhattan. 3 of them were falls. Fall is the number one cause of fatalities on construction sites in New York and in the US.

  • On June 20, at a construction site located at 1154 39th Street, in Brooklyn, an unlicensed worker who was installing new junction boxes electrocuted himself  and succumbed to his injuries.