Two Fatal Hit & Run Accidents in Queens, NY Raise Legal Questions
A Queens man was hit early Mother’s Day morning while crossing Liberty Avenue at 108th Street, according to NY1.com. Police are still searching for the vehicle responsible for his death as his family grapples with the sudden loss.
Forty-seven year old Rohan Singh was struck by a dark-colored sedan as he crossed the street. The vehicle sent him into a metal girder, according to reports. His brother, who had to identify the body, pleaded for people to come forward if they saw anything.
Ironically, another man is facing charges for killing a pedestrian on Greenpoint Avenue in Sunnyside. The suspect was driving drunk when he jumped the curb and hit 24-year old Gabriel Hernandez. He allegedly tried to walk away from the scene before witnesses stopped and detained him.
Hit and run cases pose unique challenges to accident victims, and their families when they are killed. Continue reading
NYC Trees Are Accidents Waiting to Happen
The trees in Central Park and around the city are beautiful—they add a bit of nature to an otherwise cold, concrete world. But the trees are responsible for numerous accidents and even a few deaths over the past several years. The N.Y. Times reports the city is unable to keep up on tree maintenance, making them far more susceptible to breakage and tragedy.
In the past ten years, the city has paid millions in damages to residents who were injured or killed by falling branches. The risks are increased now, as the city struggles to afford the recommended maintenance and inspections necessary for trees of their age.
Currently, park employees are required to inspect trees every two weeks, looking for risk factors that may indicate a sick or dying tree. But, as the Times reports, employees aren’t always trained on how to identify these risk factors, and may miss signs that a branch is about to fall. Continue reading
Electronic Gate Crushes Brooklyn Boy – Landlord Liability Suit?
A 12-year old boy was killed this week in Brownsville when he and others were playing on the electronic, roll-up gate that secures the apartment complex they live in. Some are questioning why the gate continued to rise despite him hanging on, saying it should have detected the extra weight.
According to NBC New York, the kids frequently played on the gate, despite some residents telling them to stop. But with nothing else to play on, according to those who live there, the kids continued to ride the gate up and down as it operated.
The 12-year old Brooklyn boy was doing just that when he became trapped. He was riding the gate and became scared to jump down as it got higher, according to one child-witness. As it reached the top, he became pinned in the frame. Continue reading
Bronx River Parkway Crash Raises Road Safety Concerns
The van carrying seven family members that died in last week’s Bronx Zoo crash was traveling with traffic. It may have been going 68 mph in a 50 mph zone, but that’s how 
fast traffic moves in that area. The accident has raised safety concerns among officials and New York motorists alike, bringing attention to the “aging highway system,” according to the Washington Post.
“The Bronx River Parkway is a glaring example of the deficiencies we see on area roadways,” said Robert Sinclair, a spokesman for the American Automobile Association. “These roads were never envisioned as being the commuter arterial roadways that they are now. The roads are twisty. They are hilly. The lanes are narrow. There are no breakdown lanes. The on-ramps are too short.”
Despite these facts, the roads of New York City are said to be far less deadly than other systems throughout the country. The Department of Transportation says that 243 people died in NYC accidents in 2011, the least amount in over 100 years. North Carolina, a state with about the same number of people as NYC, averages around 1,300 fatalities per year.
Experts say that rural roads or those without much traffic are the deadliest. Continue reading
Equipment Owner Acquitted in Fatal 2008 Crane Accident
James Lomma was acquitted last week by State Supreme Court Justice Daniel P. Conviser on charges including manslaughter for his alleged role in a deadly crane accident. Lomma is the owner of the crane that collapsed in 2008, killing two construction workers. Prosecutors alleged that he knowingly took a shortcut in getting the crane repaired, putting everyone at a substantial risk.
Though the judge did not expand on his reasons for the acquittal, Lomma’s defense attorneys argued that repair work done on the crane was not to blame for the accident.
The accident happened as the crane began work on the 14th floor of what was going to be a 32-story building. As the crane lifted a load, “the top portions came off,” hitting a building across the street before falling.
Crane operator Donald C. Leo was killed when the crane nearly decapitated him. Twenty-seven year old Ramadan Kurtaj was also killed. Continue reading
2010 Staten Island Ferry Accident Blamed on “Malfunction”
The National Transportation Safety Board released the findings of their investigation into the crash of a ferry in Staten Island two years ago. The crash didn’t prove fatal, but injured 50 people, three of them seriously.
According to CNN, the NTSB found the accident was caused by the malfunctioning solenoid, a part in the propulsion unit. This malfunction made one of the propellers unresponsive to the commands of the ferry’s pilot.
Unfortunately, the malfunction wasn’t recognized until seconds before the crash, when it was too late to take evasive action, making the crash “unavoidable.”
“The pilothouse crewmembers were unaware of the loss of propulsion control until seconds before the accident,” said the report from the NTSB, removing any blame for the accident from the crew.
This wasn’t the first ferry accident for the boat known as the Andrew Barberi. In 2003 it was involved in another crash. This time it hit a pier in Manhattan, killing 11 people and injuring 70. Continue reading
Boat Accident Near Perth Amboy Kills 1, Injures 4
A New Brunswick man is dead after the boat he was on capsized off the coast of Staten Island, near Perth Amboy. The drowning is said to have been a “tragic accident,” according to one NYPD source speaking to The Star-Ledger.
The pleasure boat was carrying 5 people. It’s believed the anchor got caught, capsizing the boat, according to authorities.
Three men and one woman, the only one wearing a life-jacket, were treated and released at Raritan Bay Medical Center in Perth Amboy. But Mario Baredales was dead when the rescue mission began.
According to another report from the Star-Ledger, the boat passengers were rescued by another civilian vessel who happened upon the capsized boat quite by accident.
David Gross, who was piloting his own sport fishing boat, changed his route when the swells in the Verrazano Narrows looked a little rough for his aging mother-in-law who was on board. He altered his course into Raritan Bay when he saw four people waving in the water, one of them grasping the lifeless body of their friend. Continue reading
42nd Street Accident Injures 10, Including Pedestrians
An accident on 42nd Street and 6th Avenue this past weekend sent several people to the hospital, including several pedestrians. The accident shows how dangerous it can be, even just to walk the sidewalks in New York City.
According to CBS New York, the accident was triggered when a Jaguar, traveling at a high rate of speed, crashed into the back of an Impala, stopped at a red light. Then, the Jag hit a cab before jumping the sidewalk and mowing several people down.
Witnesses said it appeared as though the taxi turned over on its side and hit a tree, causing the roof to be “shaved” off of the vehicle.
Reports are conflicting but at least three people from the vehicles are listed in critical condition, while three pedestrians are listed in serious condition. According to the NY Times, at least two people at the scene refused medical treatment.
One witness, who had been reading in the nearby Bryant Park when the accident occurred, said he ran over to the scene after hearing the crash. There he found people lying on the sidewalks “screaming for help.” Continue reading
Subway Worker Burned Severely in Fire Accident
Michael Lee, 45, has worked on the subways of NYC long enough to be referred to as a “veteran,” according to the New York Post. It isn’t clear just how soon, or if, he’ll be returning to work, however, after a tragic accident on the job left him hospitalized with second and third-degree burns over his body.
Lee was working on his day off, getting some overtime, when the accident occurred. He reportedly dropped a 200-pound piece of equipment, known as a coupler, onto the third rail. When the coupler fell, bolts came off the rail, knocking Lee down and engulfing him in flamed.
Rolling around on the ground didn’t help and Lee ended up ripping off his clothing with his bare hands as he burned. Throughout the ordeal, Lee remained conscious. Continue reading
Fatal Car Accident Claims 3 Lives in Phelps
Three people were killed in a tragic accident early this week. A 65- and 66-year old husband and wife duo, along with their 55-year old passenger were all pronounced dead at the scene of the accident. Another motorist is in critical condition.
The accident occurred on County Road 6 near the town of Phelps, 50 miles West of Syracuse, according to the Times Union. George Halbfinger, with his wife and friend in the car, pulled onto Route 6 where his car was hit by a southbound vehicle.
It isn’t clear who is at fault for the accident as investigations are likely still underway. But the speed required to instantly kill three people would indicate that perhaps Route 6 traffic had the right of way and no duty to stop at that particular intersection. Halbfinger may have turned in front of the oncoming vehicle, who hit him on the driver’s side. Continue reading
New York Buses Will Undergo More Frequent/Thorough Inspections
New York buses can expect to be under greater scrutiny in the state’s effort to prevent deadly accidents like those seen in 2011. The state has earmarked $1 million for a new bus inspection program, according to LoHud.com. The new program will force some buses to face multiple inspections per year, based on prior performance and a number of other factors.
The companies who have failed inspections or who have bad safety records will see more inspections than those who do well. All companies will get at least two inspections per year, which is the current standard.
In 2011, there were two major bus accidents in the state, one which killed 15 in March and one that killed 8 in October.
In the March 2011 crash, the driver was found to have hit near 80 miles per hour prior to the crash, and to have convictions for manslaughter and grand larceny on his record. In that accident, the bus tipped on its side and slid, allowing a pole to rip through the roof and the length of the bus. Continue reading
Fatal Manhattan Crane Accident Under Investigation
Last week one construction worker was killed and four others injured when a crane collapsed at a worksite in Manhattan. According to the NY Times, the crane boom split in two, sending debris raining down on workers. Work was immediately halted while the accident is being investigated by numerous agencies.
The accident occurred at a Manhattan Transit Authority site, where they are working to extend the number 7 train. Following the collapse, the MTA ordered immediate inspections on the cranes at all of their work sites.
Thirty-year old Michael Simermeyer of Lawrenceville, N.J. was killed when the crane came tumbling down. One other worker remains hospitalized. The depth of the worksite was said to make rescue efforts more difficult.
In a weird twist of irony, the crane was due for inspection just two days after the accident. The last date of inspection was January 10 of this year when the boom was in use and therefore wasn’t inspected. Instead, at that time, only the control station below was looked at. Prior to that, the last full inspection was conducted in July 2011, where the entire crane was inspected and passed. Continue reading