As any Queens resident knows, the Daily News description of Queens Boulevard as the “Boulevard of Death” is on point. While the 16 lane roadway has long been a pedestrian death trap, Mayor DeBlasio’s Vision Zero plan to significantly lower traffic deaths is targeting Queens Boulevard for major safety renovations.

The fatality statistics to date are horrifying. According to the Daily News, there were 17 pedestrian deaths on Queens Boulevard from auto accidents in the year 1993 and 55 such fatalities through 2000. While the past 6 years have had better numbers, it is completely unacceptable that 14 pedestrians have lost their lives in that time period.

Mayor DeBlasio and Transportation Commissioner Polly Trottenberg, according to the Daily News, have proposed a $100 million plan to build “more generous medians to encourage pedestrians to pause mid-cross rather than try to beat a flashing don’t-walk light and bike lanes that are safely buffered from motor traffic.”

It’s  about time someone in charge recognized that pedestrian safety should be a priority in New York City. According to the Tri-State Transportation Campaign in a recent Daily News article, New York State is number 1 in the nation in pedestrian fatalities (732 from 2011-2013) and 60% of these fatal pedestrian auto accidents were in New York City (453 pedestrians died on city streets 2011-2013). This madness must stop and Queens Boulevard is a fitting starting point. Mayor DeBlasio, Commissioner Trottenberg and all concerned New Yorkers should not be satisfied until Queens Boulevard fulfills the goal of Vision Zero– a place where no pedestrian falls victim to death from auto accidents.

Photo Link: http://upload.wikimedia.org/wikipedia/commons/5/5c/QueensBlvd-GrandAve_PedWarning_Sign-Elmhurst.jpg

To learn more about your rights in cases involving wrongful deaths and auto accidents, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a consultation.

I often get calls from New York victims of car accidents wherein the negligent car fled from the scene. Is there any way for them to collect money damages for the pain and suffering and their permanent injuries? The answer usually is “yes”.

If the injured victim or a member of the household owned an insured motor vehicle on the date of the accident, the injured pedestrian, driver, or passenger may be entitled to collect money damages under the “uninsured motorist” provision of that insured vehicle’s policy. Certain timely claim procedures must be followed, but if such coverage  is available you may be able to receive compensation for your injuries. If you have no car in the household, you may still be able to recover from a fund called  MVAIC (Motor Vehicle Indemnification Corporation) if you meet certain criteria.

What if the car that injured you has insurance, but the insurance limits are minimal and you have a very serious and permanent injury? If you or a member of your household owned a vehicle at the time of your accident your “underinsured motorist” coverage may come into play regarding money damages. If your “underinsured motorist” coverage is greater than the insurance coverage of the offending vehicle, you may be able to collect damages over and above the coverage of the offending vehicle under certain circumstances.

To learn more about your rights in cases involving uninsured motorist and underinsured motorist cases, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a consultation.

In late February, diners were apparently enjoying their breakfast at a SoHo Restaurant, Balthazar, when a sudden crash came from nowhere according to WCBS-TV.  Without warning, a 10×15 foot mirror slipped off the wall heading toward patrons. The New York Daily News reported that the mirror may have weighed at least 250 pounds, enough to cause serious injuries to those beneath it.

Fortunately, a hero patron caught the frame of the mirror and held it up long enough to get help to protect others. He prevented anyone from getting pinned or knocked down by the mirror or injured by shattered glass.  The quick-thinking man was a former French government minister,  Arnaud Montebourg.  This very brave and very aware man suffered minor injuries according to the newspaper.

This story is a reminder that accidents occur in an instant and are rarely expected.  Being constantly cautious of your surroundings in public places, like Mr. Montebourg, is the last line of defense against injuries from accidents caused by others.

To learn more about your rights in cases involving serious injuries from dangerous conditions in public places, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a consultation.

I wrote a blog post a few months ago about the merits of the new 25 mph NYC speed limit (unless otherwise posted) as part of  Mayor DeBlasio’s Vision Zero safety initiative.  I still firmly believe it will have good results over the long term, but unfortunately pedestrians continue to presently fall victim to tragic bus accidents and auto accidents.

On February 15th a bus struck and seriously injured a teenager at the intersection of Grand Street and Union Avenue in Williamsburg, Brooklyn. According to WPIX-TV and The Brooklyn Paper, the driver was arrested and charged under a new law that stiffens the penalty for drivers that fail to yield that right of way to pedestrians and strike them.  This arrest may well be a response to the Mayor’s Vision Zero program which set a goal of 2024 to reduce traffic fatalities to zero.

Unfortunately, while the Vision Zero program makes incremental strides, pedestrian injuries continue to be reported.  Very recently, 63 year old Sun- Hee Kwak was struck by a gray Suburban and left  bleeding in critical condition in the street as the driver, according to the New York Daily News, fled the scene.  The news report noted that a good Samaritan, Dave Maraj of Richmond Hill, Queens, happened upon the victim and stopped traffic.  How sad it is that some reckless driver not only struck the woman, but did not have the human decency to stop and call 911.  This behavior is another reason that stronger enforcement and penalties for leaving the scene of an accident must be an integral part of the efforts to reduce pedestrian injuries and deaths.

To learn more about your rights if you or a loved one were injured as a pedestrian by a bus or automobile, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988

According to ny.com the New York City Transit Authority, the operator of the New York City subway system, has over 4.3 million riders in city’s subway system each day. This accounts for over a billion people each year. Some travel from far off places like Brazil and Japan while others are locals, commuting to Manhattan from Brooklyn, Queens, the Bronx or traveling from one borough to the other in an attempt to avoid the stifling New York City traffic jam.

With so many people opting for public transit, how many can one train hold? In the case of a past NYC runaway subway incident, there were an estimated 1,000 plus passengers aboard when a heavily packed subway train derailed in Queens. It appears that for New York City commuters, safety is an issue no matter which way you choose to travel. The city has fallen victim to a numerous taxi accidents, a rash of sidewalk crashes, horrific elevator incidents and now, a flawed public transportation system. Sources report that the cause of derailment for the Manhattan/Brooklyn bound F express was not immediately determined.

Mid-Morning in a Queens Tunnel                                                                       

Back in May, firefighters rushed to the aid of the 1,000 plus subway passengers who braved a bumpy ride on the express train at approximately 10:40 am. The eight car train apparently shook, tilted and derailed in a Queens tunnel. Of the 19 injured passengers who left the scene on stretchers, four were reported to be seriously injured and in need of hospitalization. In a situation such as this, uncovering clues as to the cause of derailment could prove a difficult task, but not taking this measure could lead to further damage in the future. For victims in Queens who chose to file claims for compensation, a thorough investigation would need to be conducted by a qualified injury attorney, preferably one who is familiar with public transit laws and regulations.

The Many Possible Causes of Public Transit Accident Injuries

When a train derails or a bus overturns or a taxi plows through the aisles of a grocery store, faulty equipment is always a possibility as is driver negligence. Poor communication between transit operators and their superiors can also be to blame. The many possible underlying causes in these incidents are endless which is why timely investigation of such accidents injuries are so important.

Responsibility is only determined once the root cause of the accident has been uncovered and revealed. Public transportation authorities are responsible for keeping their equipment up to date and having their drivers screened thoroughly. If a public transit operator is overworked or overtired at the time of a tragic incident, this type of information needs to be reported. Drivers must also be held responsible for their actions in order to promote and ensure safe traveling conditions. In short, when an accident happens, almost anyone could be to blame, except of course, the victim who is suffering from the injuries sustained as the result of somebody else’s negligence.

To learn more about your rights in the event of a public transit accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988.

Photo Links:

http://en.wikipedia.org/wiki/Washington_Metro

On November 7th, a new 25 mph speed limit went into effect on all New York City streets unless otherwise posted. This is part of Mayor Bill de Blasio’s effort to drastically reduce pedestrian deaths in our city.

I applaud the effort, since virtually any measure that slows down taxis, truck drivers and other motorists is a positive measure. The chaotic mixture in New York City of negligent drivers, pedestrians and bicyclists is alarming.

Careful drivers, pedestrians and bicyclists will embrace the new speed limit. According to the Mayor’s Vision Zero safety initiative, pedestrians struck by a vehicle at 25 mph are half as likely to die as those struck at 30 mph, the former speed limit. The mayor’s Vision Zero is a long term plan to bring the number of traffic fatalities in the city to zero.

While the goal is ambitious, this is the right starting point for long term progress. Drivers must accept that speed limits on crowded city streets are there for a good reason. This is not the city for negligent drivers. One careless move among the throngs of drivers, pedestrians and cyclists can instantly result in personal injuries or wrongful deaths. These tragedies, in part, can be avoided by obeying the new speed limits.

To find out more about your rights as a victim of an auto accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988

We all know about the accomplishments of New York’s Bravest, the New York City Fire Department (FDNY), but a driver in Queens knows firsthand how that bravery saves lives even when firemen are off-duty .

It was reported in yesterday’s New York Post that Kevin Mohr, a fireman in Corona, Queens, was off-duty driving to work when his brave instincts took over. He apparently saw a car in flames and upside down on the Clearview Expressway in Queens and went into action. With the assistance of other motorists, including another off-duty fireman from Brooklyn, John Riha, Mr. Mohr and the courageous group lifted the car up and flipped it onto its side. This act of bravery and personal sacrifice likely saved the life of the motorist, real estate agent Steven Kokotos.

Queens accidents on highways and local streets are all too common news stories affecting drivers, pedestrians and bicyclists. Shining acts of bravery, like the ones of firemen Kevin Mohr, and John Riha as well as other good samaritans, are the news stories we all need to hear about more often because they define what makes New York City great.

To find out more about your rights as a victim of an auto accident, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988.

Long before the introduction of Citi Bikes to the streets of Manhattan, Brooklyn, and Queens, I questioned the wisdom of too many bicyclists on our crowded streets. Years ago, one of my clients, an elderly woman, was walking in lower Manhattan when a deliveryman on a bicycle struck her causing serious injuries. He fled the scene, but her son retrieved the receipt from bag of food he was delivering which identified his employer. Extensive investigation fully revealed his identity and a lawsuit against him and his employer’s restaurant proceeded to trial and resulted in a significant settlement for the injured woman.

Today, the streets and parks are filled with Citi Bikes, delivery bikes and recreational bicyclists. The quantity of bikes being ridden by reckless bicyclists is apparent to every resident, tourist and commuter walking the streets daily. The latest tragedy allegedly caused by a bicyclist involved the death of Jill Tarlov who died very recently after being struck by an allegedly speeding bicyclist in Central Park. This very sad loss comes less than two months after Irving Schachter was killed by a teenage bicyclist who was allegedly avoiding a pedicab in Central Park.

This proliferation of reckless bicyclists led to an NYPD crackdown on bicyclists last Friday in Central Park and a slew of tickets were issued to bicyclists according to the New York Post. Back in August, the NYPD began a two week campaign entitled “Operation Safe Cycle” targeting negligent bicyclists who endanger pedestrians and other cyclists.

It is extremely important that all of us walking the streets and strolling the parks of New York City become very aware of the number of cyclists who speed, run red lights and ride in the opposite direction of vehicular traffic. Very few bicyclists seem to abide by the NYC Traffic Rules and Regulations governing bicyclists which include a prohibition against riding on the sidewalk, (a common scene in Manhattan), wearing more than one earphone (a daily occurrence here on Eighth Avenue in Manhattan) and keeping at least one hand on the handlebars when carrying packages (a rare occurrence among food deliverymen near my office).

Stricter enforcement of the law is a good first step in preventing tragic deaths and serious injuries to pedestrians and fellow cyclists. I hope the NYPD bicycle ticketing program continues in earnest throughout the year to save other families the grief suffered by too many at the hands of negligent bicyclists.

To find out more about your rights as a victim of a negligent bicyclist, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988.

Most doctors, nurses and home attendants are hard-working, dedicated professionals who care about their patients. Unfortunately, however, we have all seen some who do not fit this description.

I was recently consulted about a potential medical malpractice case and I was struck by the uncaring treatment received by the patient in the hospital. He had been an esteemed physician at the very hospital that was treating him so poorly in his elderly years for a particular medical condition.

It made me think back to a story told to me by a well-known physician who watched his elderly father, a retired physician, treated by physicians and nurses at a hospital as if he were a bother for being in terrible pain.

The news in New York City is filled with sad incidents about heartless healthcare workers allegedly causing helpless patients serious injury or death. A recent Daily News article reported that a nanny cam allegedly showed a home health aide in Queens violently shaking, yanking and smacking a 78 year-old stroke victim who was confined to a wheelchair. A number of years ago the New York Times detailed the story of a videotape that allegedly showed a patient at Brooklyn’s King County Hospital who collapsed in the psychiatric emergency room and was left lying on the floor for about an hour without any medical care causing her to die soon thereafter.

While both of these incidents as well as some other nursing home abuse incidents were captured on videotape, that kind of documentation is not always possible.  To limit the chance of abuse of a patient in a hospital, nursing home or at home the most powerful weapon is a patient advocate. A friend or family member politely speaking to the staff about the patient’s special needs or problems (an unrelated back problem or an allergy to certain foods or medicine) and reminding the staff about unfulfilled requests (a bed adjustment, turning the patient over or an out-of-order phone) is vital to making sure your relative or friend is properly treated by nurses, doctors and home attendants. Patient advocates are often effective because human nature puts all of us (doctors, nurses and home attendants included) on our best behavior when we know someone is watching.

Elder abuse can result in severe bedsores, fractured hips, other serious injuries and even death. If you feel there is any mistreatment or abuse of the patient that is not corrected, do not hesitate to ask to speak to a supervisor or someone in charge at the facility’s administrative office. There is no higher reward than seeing your loved one properly cared for in his or her time of need.

While uncaring, insensitive or poor treatment does not necessarily mean abuse or medical malpractice, there are times when certain care rises to the level of negligence or medical malpractice which may cause serious injury or death.

To find out more information about potential nursing home abuse/ home care negligence or medical malpractice cases, please call me toll free at (877) CALL-LAW (225-5529) or (212) 714-0988 for a free consultation.

My client, a 60 year old retiree, underwent penile implant surgery to correct an erectile dysfunction problem.  The surgery went well, but about one month after the operation he developed swelling and discoloration of the penis.

The surgeon/urologist examined my client four times in a five week period and advised him that the infection was minor and prescribed some medications despite continuing discoloration and swelling of the penis.  At no time did the surgeon/urologist recommend hospitalization or removal of the implants.

On his final visit to the doctor, my client complained of darkening of the penis and the same doctor failed to recognize the results of his five weeks of misdiagnosis of the very severe infection – gangrene of the penis.  My client, on his own accord, went to the emergency room hours later where the gangrene of the penis was immediately diagnosed and surgery to amputate two-thirds of his penis was performed.  The obvious physical and emotional effects of the injuries haunted my client for the rest of his life.

The doctor’s insurance company refused to offer any money at trial.  A urologist and infectious disease specialist retained by me both testified as to the doctor’s malpractice.  I obtained a $6.5 million jury verdict at trial in Brooklyn.

This is a tragic example of the kind of medical malpractice that was completely preventable.  Early detection of the infection and surgical removal of the implants at the first sign of infection would have prevented this catastrophe.

To find out more about rights as a victim of medical malpractice, please call me toll free at (877) CALL-LAW® (225-5529) or (212) 714-0988 for a free consultation.