On behalf of Simon Eisenberg & Baum, LLP posted in Wrongful Death on Tuesday, February 28, 2012
The New York City Department of Investigation has learned that an important safety device was disabled by repairmen shortly before a fatal elevator malfunction caused Suzanne Hart's death in December.
The tragic death occurred in Manhattan when the elevator cab at 285 Madison Ave. unexpectedly shot upward with the doors still open. Hart, 41, was only partially inside the elevator at the time of the malfunction, causing her to suffer gruesome injuries and immediate death. The accident was of the very nature that the disabled mechanism is intended to prevent: movement of the elevator cab while the doors are ajar. It appears that a mechanic's decision to override the safety device was perhaps the most significant factor in causing Hart's wrongful death.
On behalf of Simon Eisenberg & Baum, LLP posted in Construction Accidents on Friday, February 24, 2012
A crane accident at the World Trade Center (WTC) could have killed numerous construction workers last week. A crane was moving metal beams when a cable suddenly snapped, causing metal beams to plummet down to the construction site. Thankfully, no serious injuries resulted from the Manhattan crane accident, although an unoccupied truck was damaged by the falling beams.
Because nobody was seriously injured or killed, the heavy equipment accident went largely unnoticed by the general public. "Near miss" accidents happen frequently at New York construction sites. Near misses could play a vital role in improving jobsite safety and accident prevention, but these incidents are rarely discovered by safety officials. Unfortunately, it usually takes construction worker injuries or fatalities to trigger serious progress in construction safety - although jobsite inspections play an important role, too.
On behalf of Simon Eisenberg & Baum, LLP posted in Car Accidents on Wednesday, February 22, 2012
A Metro Transit Authority (MTA) bus struck and killed a woman in Flushing earlier this morning. The victim was crossing Union Street when the MTA bus turned from Northern Boulevard onto Union, fatally hitting the woman.
In what's becoming a recurring theme in pedestrian and bicycle accidents involving trucks and buses, the driver left the scene of the accident - allegedly unaware that he hit a person. The involved vehicle was the Q44 bus, which was not in service at the time of the fatal accident. The New York Police Department (NYPD) is investigating the Queens accident before considering charging the bus driver with a crime.
On behalf of Simon Eisenberg & Baum, LLP posted in Car Accidents on Saturday, February 18, 2012
A Metro Transit Authority (MTA) bus and a car collided early afternoon Wednesday. The bus accident occurred at the intersection of New York Avenue and Dean Street and few details have been divulged, but reports indicate that as many as 12 passengers were injured in the crash. Six of the victims suffered serious injuries, but their current conditions are unknown.
Law enforcement is still investigating the Brooklyn accident and no criminal charges have been filed at this time. Regardless of the criminal consequences the wreck may bring, injured passengers may be able to hold the responsible parties liable for their injuries in personal injury lawsuits. If the bus driver is the alleged wrongdoer, then the victims would likely have a short window of time to file a notice of claim or they may forfeit their rights to compensation.
On behalf of Simon Eisenberg & Baum, LLP posted in Car Accidents on Wednesday, February 15, 2012
It's inevitable that New York City will always have its share of car accidents, but there is a lot of room for improvement and law enforcement must play a role in facilitating it. This is why New York City Council members are questioning NYPD's enforcement of traffic laws in 2010. Specifically, the Council is wondering why law enforcement issued more citations for tinted windows (82,000) than speeding (76,000).
Any Brooklyn bicyclist or pedestrian in Queens knows that speeding motorists hold blame for a large portion of New York's 317 traffic fatalities occurring each year. Speed increases braking distances and decreases a motorist's margin of time for avoiding potential hazards, such as unpredictable maneuvers by pedestrians or other motorists. Safety advocates and members of City Council clearly want speed limit enforcement to be prioritized above laws governing the tinting of car windows, as the change is more likely to prevent death and injuries on New York's streets.
On behalf of Simon Eisenberg & Baum, LLP posted in Car Accidents on Monday, February 13, 2012
While many Brooklyn intersections are in need of safety enhancements, Cobble Hill parents are particularly concerned about their children crossing Hicks and Kane Streets. The intersection is a thoroughfare for speeding drivers travelling toward the Brooklyn-Queens Expressway, but it's also part of the route for many public school (PS) 29 students.
Many Cobble Hill residents say it's only a matter of time before a child pedestrian accident occurs at Hicks and Kane, unless the City fulfills requests for the installation of speed bumps. Safety advocates state that stop lights and crossing guards aren't enough to protect PS 29 students, as the intersection has visual obstructions that make it difficult for motorists to see pedestrians - especially small children.
On behalf of Simon Eisenberg & Baum, LLP posted in Construction Accidents on Saturday, February 11, 2012
A 25-year-old Liverpool man recently died in a tragic construction accident in Syracuse. The man was working on the demolition of a downtown building when the ceiling caved in on him. The man was on a ladder when a 15-by-15 foot section of the ceiling unexpectedly fell onto him. Rescue efforts were complicated because the construction worker was on the ninth floor of the building when the accident happened. He was pronounced dead on arrival at Upstate University Hospital.
The Occupational Safety and Health Administration (OSHA) is investigating the fatal construction site accident to determine factors leading to the man's untimely death. When OSHA investigates construction fatalities it typically finds a long list of safety violations responsible for the accident. The victim was working for JS Development, but - as is often the case - there may have been third-parties working at the site, too.
On behalf of Simon Eisenberg & Baum, LLP posted in Construction Accidents on Wednesday, February 8, 2012
Mayor Bloomberg recently announced that New York City construction accidents decreased 18 percent in 2011, even though construction work rose 8 percent. Bloomberg helped facilitate stricter building construction laws in 2008 and he cites the tighter regulations as the reason for the improved numbers. While it remains to be seen whether the trend will continue, the tougher construction safety laws were definitely needed.
Despite the improvement in construction worker safety, construction sites still commonly violate City regulations. A Brighton Beach construction accident killed one Brooklyn man and seriously injured three others in November of last year. The NYC Buildings Department also handed out more than 5,000 stop-work orders in 2010. The City is trying to help reduce serious construction injuries, but that responsibility is truly the burden of construction companies and property owners.
On behalf of Simon Eisenberg & Baum, LLP posted in Bicycle Accidents on Tuesday, February 7, 2012
Brooklyn cyclists know that many motorists and pedestrians have a negative opinion about City bicycle riders, but police officers are trained and paid to do their jobs objectively and without bias. Nonetheless, the NYPD has failed to accurately and objectively report on the fatal bicycle accident that killed a man, according to the victim's family. Video footage recorded the victim's bicycle colliding with a truck last October, but - even with the video - the cause of the crash is still in dispute.
The NYPD claims that the cyclist tried to illegally pass a truck on the right, causing the vehicle to turn into the man's bicycle. The victim's family says footage shows no such act by the cyclist and reveals that the truck made a turn into the cyclist's path without signaling. There is no dispute that the truck driver left the scene of the fatal accident, but not before dragging the victim for 40 feet and the bicycle for 130. After police tracked him down, the driver claimed he didn't know he struck and ran over the cyclist.
On behalf of Simon Eisenberg & Baum, LLP posted in Car Accidents on Friday, January 27, 2012
The intersection of Avenue K and Coney Island Ave. was the crime scene of a fatal pedestrian accident last night at about 10:15. Witnesses stated that they saw a man, 53, in the crosswalk when a white van struck his legs, sending him to the pavement. The van sped away and the man appeared to only have minor injuries, but only for a moment.
A sedan sped through the intersection and struck the injured man, knocking him so hard that his body ended up on the other side of the intersection. This time, the blow was to the pedestrian's head. He was rushed to Coney Island Hospital but could not survive the traumatic brain injury. The dark-colored sedan also cowardly fled the scene; police are looking for suspects in both of hit-and-run accidents causing the man's wrongful death.
