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THREE MEN DIE IN TWO-CAR ACCIDENT ON LONG ISLAND

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

Two men driving in a Nissan Altima on Pine Hollow Road, in New York's Nassau County, on Sunday May 30, 2010, crossed-over at a curve in the road and hit head-on into a Jeep Cherokee going the other way.

The accident occurred at about 11:00 A.M.

Police officers turned on their lights and sirens and pursued the Altima after it was spotted going 76mph in a 55mph-zone, authorities said. As police pursued the Altima, it crossed-over, causing the accident.

The driver "failed to negotiate a right-hand bend in the roadway, crossing over into oncoming traffic," said Lt. Det. John Azzata of the Nassau County homicide squad. The impact of the crash and collision was so forceful that it knocked the Jeep 125 feet backward, he said.

The accident occurred about 2.5 miles away from Kirby Road, where cops first clocked the Nissan.

Police said the two men and the man in the Jeep all died from their injuries. The names of those killed in this motor vehicle accident have not been released.

« 200 PATIENTS WHOSE HEART TESTS WERE NEVER REVIEWED BY DOCTORS DIED IN NEW YORK CITY HOSPITAL | Main | THREE MEN DIE IN TWO-CAR ACCIDENT ON LONG ISLAND »

TODDLER IN CRITICAL CONDITION AFTER STATEN ISLAND DROWNING ACCIDENT

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

Saturday, May 29, 2010, at around noon, 18-month-old Vincent Fougere accidentally fell into his family's Staten Island swimming pool.

He was rushed to New York City's Staten Island University Hospital, where he is in critical condition from his injuries.

Neighbors say they heard screams from the backyard shortly after noon.

Authorities say that firefighters from a nearby firehouse ran to the house on foot after being notified about 12:20 p.m. "When we got down there the baby was on the side of the pool and wasn't breathing and was no pulse and we started going to work right away on the baby as far as doing mouth to mouth and CPR on the baby," said New York City Firefighter Matthew Gianone.

The boy was at the hospital 11 minutes later.

Comment: A tragic accident and a similar accident was the subject of a recent blog post. I'll repeat my advice:

It's the time of year when homeowners are opening up their pools for the season. Please be careful. Have a fence with locking gate around your pool if you have children or even if you just expect children to visit during the summer months. Also, get a floating pool alarm, which signals if a large object enters the water.

« ATV RIDERS BEWARE, MEMORIAL DAY WEEKEND AMONG THE DEADLIEST HOLIDAYS FOR ACCIDENTS | Main | TODDLER IN CRITICAL CONDITION AFTER STATEN ISLAND DROWNING ACCIDENT »

200 PATIENTS WHOSE HEART TESTS WERE NEVER REVIEWED BY DOCTORS DIED IN NEW YORK CITY HOSPITAL

 

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

 

More than 200 heart patients at Harlem Hospital Center died after undergoing heart tests that were never read by doctors, according to a hospital employee briefed on Friday on an investigation into the handling of 4,000 tests in the past three years.

The president of New York City's Health and Hospitals Corporation, which runs Harlem Hospital, said it would be premature to link any deaths to the failure of doctors to read the heart tests.

But investigators are trying to determine whether one patient, a woman who died soon after having the test, an echocardiogram, might have survived had her test been properly handled, according to the employee who was briefed. He and other employees at the hospital spoke on the condition of anonymity because they had been ordered not to discuss the situation.

The disclosure of the deaths came as several Harlem Hospital doctors said they had known about the backlog of 4,000 echocardiograms since 2007 but were helpless to do anything about it. They said they were chronically understaffed and had been rebuffed when they proposed to hospital administrators that more people be hired. They deny any negligence.

No information was available Friday (May 29, 2010) on the causes of the more than 200 deaths.

The Harlem Hospital doctors said that they were distraught over the possibility that some patients might have been hurt, but that New York City had unfairly shifted the blame to doctors within Harlem Hospital who had been ignored when they complained about understaffing.

"I will be very honest with you and say this is an extremely concerning situation for patient care," said the employee briefed on the investigation, "and very frustrating to us because we feel like we continually went through channels."

The employee said he and his colleagues now regretted not having gone to Alan Aviles, the president of the New York City Health and Hospitals Corporation, with complaints about understaffing. "There is a culture in hospitals of keeping things in-house, and that, if anything, is the mistake we made," the employee added.

Mr. Aviles said that understaffing was a poor excuse for failing to read tests and risking the health of patients. He said his own analysis showed that keeping up with the volume of 2,500 echocardiograms a year at Harlem Hospital would have taken four hours a day, which he said was "half a dedicated cardiologist."

"It is still quite frankly baffling to me that we could be facing this situation," he said.

Empire BlueCross BlueShield, one of the nation's largest insurance companies, said on Friday that it was beginning an investigation into whether patients it insured had been improperly treated or had been billed for uncompleted heart tests. New York State's Medicaid inspector general's office indicated it was watching the case closely because of the possibility that money had been wasted.

Mr. Aviles disclosed on Tuesday that 4,000 echocardiograms performed at Harlem Hospital from 2007 to 2010 had been read by technicians and not by cardiologists. He said that New York City's Columbia University, which provides doctors to the hospital, had discovered in a routine review of hospital operations the previous Thursday that the tests had not been read by doctors, as required. One administrator has since been fired and another demoted.

On Friday, Mr. Aviles would not confirm the report of 200 deaths or release the number of deaths among the 4,000 patients, saying that the corporation was still investigating.

"I don't think I want to talk about deaths or numbers," Mr. Aviles said. "I'm sure you can appreciate that over this period of time somebody could have an echocardiogram and they could have died from a motor vehicle accident, from colon cancer, from any number of things. And so making that connection is not something to be taken lightly."

The hospitals corporation and Columbia have begun to go back over the 4,000 tests and have cardiologists read them to see what was missed.

By 5 p.m. Friday, they said, 2,725 old echocardiograms had been read, and none of those patients needed "follow-up care." But one cardiologist at another hospital, recruited to help read the tests, said that about half of them were abnormal and that 20 percent to 30 percent of the patients needed immediate medical care.

The doctor, who spoke on the condition of anonymity because he feared his job would be in jeopardy, said it was "preposterous" that he was noting life-threatening diagnoses, like fluid buildup and aorta problems, for tests done up to three years ago.

"This is very, very appalling, and to go on for three years, either the patients are dead or they're alive by some miracle of God," the cardiologist said.

Notations in the records indicated that some patients returned for subsequent tests, he said. But he said their health could have deteriorated in the meantime without proper treatment.

The Harlem Hospital doctors said the hospital had six attending cardiologists and six fellows in 1999. It is now down to three full-time cardiologists, and the fellowship program has been discontinued, they said.

Last July, the chief of cardiology, Dr. Icilma V. Fergus, said that five full-time cardiologists would be needed for the echocardiography laboratory to meet national standards, according to a budget document.

New York City Health and Hospitals Corporation officials said that counting part-timers, Harlem Hospital had the equivalent of five full-time cardiologists.

« COP RUNS OVER SUNBATHER IN ACCIDENT ON LONG ISLAND BEACH | Main | 200 PATIENTS WHOSE HEART TESTS WERE NEVER REVIEWED BY DOCTORS DIED IN NEW YORK CITY HOSPITAL »

ATV RIDERS BEWARE, MEMORIAL DAY WEEKEND AMONG THE DEADLIEST HOLIDAYS FOR ACCIDENTS

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

The Consumer Product Safety Commission (CPSC) is warning All-Terrain Vehicle (ATV) riders to take precautions to stay safe this holiday weekend and riding season and avoid accidents and injury. For the 4-day period surrounding the 2009 Memorial Day holiday, CPSC is aware of 27 fatalities, with two under the age of 16, averaging almost seven deaths a day.

As the prime ATV riding season kicks into gear, so does the increase in accidents and deaths. Just last month, CPSC staff was aware through media reports of at least 40 fatalities between April 1st and April 30th, including 12 involving children younger than 16 years of age, not including serious personal injuries.

CPSC data indicates that ATV-related deaths jump on average 30 percent from March to April for children younger than 16 years of age. Adult deaths increase 88 percent on average for the same timeframe. During 2003-2005, ATV-related deaths rose each month during the spring and into the summer, peaking in July, when 23 children and 76 adults were killed in ATV-related accidents on average.

"If springtime deaths and injuries are an indication of what's to come, we urge all ATV riders, young and old, to take all necessary safety precautions," said CPSC Chairman Inez Tenenbaum. "Far too many people are losing their lives and sustaining life-threatening injuries, which in many cases are preventable. CPSC is working diligently to ensure that the ATVs on the market meet mandatory standards and to promote safe riding practices."

In April 2009, as a part of the requirements for a CPSC approved action plan for ATV manufacturers and distributors, it became mandatory for these companies to offer free, hands-on safety, injury and accident prevention training through their dealers to first-time purchasers and age-appropriate members of their immediate families within a reasonable time from purchase.

Moreover, as another element of approving ATV action plans CPSC requires companies to also offer first-time purchasers an incentive valued at $100 for taking the hands-on training offered by the ATV Safety Institute (ASI). ASI also offers online training for experienced ATV riders.

Many ATV-related deaths, accidents and injuries are preventable. CPSC encourages all ATV riders, young and old, to make this riding season safer by following the basic rules of the trail:

*Take a hands-on safety training course.

*Always wear protective gear - especially a helmet - when riding ATVs.

*Do not ride or drive a single-rider ATV with a passenger or ride as a passenger.

*Do not drive ATVs on paved roads.

*Do not permit children younger than 16 to drive or ride adult ATVs. Always choose an age-appropriate ATV for your child.

Recreational off-highway vehicles (ROVs), also known as side-by-sides, have grown in popularity in recent years, and CPSC wants riders and passengers to know that they are different from ATVs. Unlike ATVs, ROVs have a steering wheel, bench or bucket seats, seatbelts, foot controls and a roll cage. They, too, are associated with a number of fatal accidents and injuries every year.

Keep safety first when using both off road vehicle types. To learn more, visit ATVSafety.gov.

« MEMORIAL DAY WEEKEND: SHARE THE ROAD TO AVOID ACCIDENTS AND DON'T FORGET THE VETS! | Main | ATV RIDERS BEWARE, MEMORIAL DAY WEEKEND AMONG THE DEADLIEST HOLIDAYS FOR ACCIDENTS »

COP RUNS OVER SUNBATHER IN ACCIDENT ON LONG ISLAND BEACH

 

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)

Thursday May 26, 2010, Marshall Starkman, age 43, was sunbathing in a lounge chair on the beach at Long Beach, Long Island when a cop responding to a call of a surfer in trouble ran him over, pushing Starkman and his chair deep into the sand. According to officials, DeMarco was responding to a call for a water rescue shortly after noon and made a sharp right turn, rolling over Starkman, who was lying face down in a lounge chair.

According to witnesses, Starkman, a manager at a cell phone store in the Green Acres Mall in Valley Stream, Long Island, had been lounging near a cooler listening to music when the SUV crushed him, witnesses said.

In this awful accident, Long Beach Officer Paul DeMarco, a 10-year veteran driving a Dodge Durango, left tire marks on Starkman's back.

The accident victim's chair was low in the sand and might have been obstructed from the officer's view.

Starkman was rushed by helicopter to Nassau University Medical Center in East Meadow and was in the intensive-care unit last night for his injuries from this accident - a fractured cervical spine (neck) and rib fractures - but is expected to survive, officials said.

DeMarco is not expected to face any charges for what, in the final analysis, seems to just have been a tragic accident.

« SUBWAY ACCIDENT; TRAIN MAYBE STOPS, MAYBE RUNS OVER WOMAN ON TRACKS - BUT SHE'S BARELY SCRATCHED! | Main | COP RUNS OVER SUNBATHER IN ACCIDENT ON LONG ISLAND BEACH »

MEMORIAL DAY WEEKEND: SHARE THE ROAD TO AVOID ACCIDENTS AND DON'T FORGET THE VETS!

 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens1Bronx; Queens Accident Lawyer)

When big rigs and cars collide in an accident, the laws of physics determine the outcome. Most often, the passenger car bears the brunt of the damage. The Insurance Information Network of California, the California Highway Patrol and the California Trucking Association have joined forces to focus attention on truck and passenger vehicle driver safety this Memorial Day Holiday weekend. In a demonstration, expert drivers highlighted the dangers of big rig blind spots and their physical stopping distance, which is greater than that of a passenger car. CHP officers reinforced the need for passenger car drivers to understand how to safely share the road with big trucks when traveling over the holiday weekend. Trucks often weigh 20-to-30 times more than a passenger car and have a harder time maneuvering around an emergency situation. An accident can have catastrophic results.

The Insurance Institute for Highway Safety estimates that 4,602 people died in truck collision accidents in 2007. Of these deaths, 16 percent were truck occupants and 70 percent were occupants of cars and other passenger vehicles. The California Highway Patrol estimates that more than half of the 7,262 collision accidents involving big rigs last year were caused by passenger vehicle drivers.

"Sharing the road with big rigs requires patience, and motorists need to recognize and avoid trucks' blind spots," said Candysse Miller, executive director of the Insurance Information Network of California. "Truckers in California maintain the highest standards of safety and need the help of passenger drivers to keep the roads safe," added CTA Chairman Bob Ramorino. "The number of trucks using the California highway system will inevitably increase over the coming years," said Deputy Commissioner Skip Carter. "For that reason, the CHP is working to create public awareness about driving around commercial trucks; and thus, minimizing truck-involved collisions and fatalities."

The CHP urges motorists to understand these basics of sharing the road with big rigs this holiday weekend:

• Allow plenty of room when changing lanes in front of a truck; • Pass trucks quickly and don't linger beside a truck;

• Pass a truck on the left, not on the right, because the truck's blind spot on the right runs the length of the trailer and extends out three lanes.

• Allow a lot of room around trucks. Try to leave a 10-car length gap when in front of a truck and 20-25 car lengths when behind a truck.

• Check a truck's mirrors. If you are following a truck and you cannot see the driver's face in the truck's side mirrors, the truck driver cannot see you.

• Allow trucks adequate space to maneuver. Trucks make wide turns at intersections and require additional lanes to turn.

---------------------------------------------

1Serving Queens neighborhoods of: Arverne, Astoria, Auburndale, Bayside, Beechhurst, Bellaire, Belle Harbor, Bellerose, Blissville, Breezy Point, Briarwood, Broad Channel, Cambria Heights, College Point, Corona, Douglaston, East Elmhurst, Edgemere, Elmhurst, Far Rockaway, Flushing, Forest Hills, Fresh Meadows, Fresh Pond, Glen Oaks, Glendale, Hillcrest, Hollis, Holliswood, Howard Beach, Hunters Point, Jackson Heights, Jamaica, Jamaica Estates, Jamaica Hills, Kew Gardens, Laurelton, Lefrak City, Linden Hill, Lindenwood, Little Neck, Long Island City, Malba, Maspeth, Middle Village, Murray Hill, Neponsit, Oakland Gardens, Ozone Park, Pomonok, Queens Village, Queensboro Hill, Rego Park, Richmond Hill, Ridgewood, Rockaway Park, Rockaway Point, Rosedale, Saint Albans, Seaside, South Jamaica, South Ozone Park, Springfield Gardens, Steinway, Sunnyside, Utopia, Wave Crest, Whitestone, Woodhaven and Woodside.

 

« TODDLER CRITICALLY INJURED IN POOL DROWNING ACCIDENT | Main | MEMORIAL DAY WEEKEND: SHARE THE ROAD TO AVOID ACCIDENTS AND DON'T FORGET THE VETS! »

SUBWAY ACCIDENT; TRAIN MAYBE STOPS, MAYBE RUNS OVER WOMAN ON TRACKS - BUT SHE'S BARELY SCRATCHED!

 

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

May 24, 2010: a 26-year-old woman fainted and fell onto the subway tracks tonight at Union Square. An Eighth Avenue-bound L train pulling into the station just after 7:00 p.m. Reports say that the subway train was able to stop before running her over and causing a what could have been a horrible accident..

She was taken to New York City's Bellevue Hospital with cuts to her head, but miraculously, no serious injury.

Authorities say that the woman may have fainted and there was no criminality. Train service was halted between Eighth Avenue and Bedford Avenue for a little less than an hour.

Later, witnesses state that the train DID NOT stop before hitting her, it went right over her.

A WCBS 2 report also says the "Eighth Avenue-bound 'L' train pulled into the station and rolled over her. Somehow she survived."

NYC Transit spokesman Paul Fleuranges tells us that the woman "was found under the train, conscious and alive" and, to his knowledge, did not "sustain serious injury, but she was under the train." According to WCBS 2, EMTs "who first reached her were shocked to find nothing more than a few cuts to her head. No serious injuries at all." Wild story and good ending to what might have been a tragic accident.

« MORE NEW YORK CITY ACCIDENTS HERE THAN ANYWHERE | Main | SUBWAY ACCIDENT; TRAIN MAYBE STOPS, MAYBE RUNS OVER WOMAN ON TRACKS - BUT SHE'S BARELY SCRATCHED! »

TODDLER CRITICALLY INJURED IN POOL DROWNING ACCIDENT

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

On Saturday evening, May 22, 2010, two-year-old Chloe Acosta was found unconscious in the swimming pool of her family's West Babylon, Long Island, New York home. She was found by her mother. There are no reports as to how this accident happened.

West Babylon emergency personnel responded and performed CPR. The child was taken to Good Samaritan Hospital Medical Center, where she is in critical condition and on a respirator.

Police are still trying to determine how she ended up in the pool. 

Comment: It's the time of year when homeowners are opening up their pools for the season. Please be careful and take appropraie steps to prevent accidents and drownings. Have a fence with locking gate around your pool if you have children living with you or even if you just expect children to visit during the summer months. Also, get a floating pool alarm, which signals if an object enters the water.

« PREVENT INJURY IN AN ACCIDENT: GROWN-UP CYCLISTS NEED HELMETS, TOO | Main | TODDLER CRITICALLY INJURED IN POOL DROWNING ACCIDENT »

MORE NEW YORK CITY ACCIDENTS HERE THAN ANYWHERE

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

Dangerous, indeed, is the base of the Manhattan side of the Williamsburg Bridge -- a span that over 5,000 bikers and countless walkers cross daily into the traffic congestion that forms at the intersection of Essex and Delancey Streets every morning.

The busy location has seen 119 car accidents and injuries involving pedestrians or bicyclists between 1998 and 2008, according to New York City accident data gathered by the non-profit group Transportation Alternatives.

The collision-crazy crossing was among the deadliest corners in the city, with at least three fatal accidents this year involving two pedestrians and a biker.

The number of bike riders on the bridge has grown in recent years along with the popularity of Williamsburg, Brooklyn, and Long Island City, Queens. On average, 130 bikers turn north on Essex from Delancey Street during peak morning commute hours, according to a count done by Transportation Alternatives. That's 14 percent of all the bike traffic on the bridge at that time.

Another 434 cross Essex and turn west on Delancey Street, the group says.

The volume of bikers using the Williamsburg Bridge has increased five-fold since 2000, according to the city Department of Transportation, and now stands at 5,129 a day.

As the number of cyclists has increased, so too have the number of accidents and serious injuries.

"Essex and Delancey is a crossing that's moving up the rankings of most dangerous streets," said Transportation Alternatives spokesman Wiley Norvell, whose group plans to release data on the city's top 10 most dangerous intersections next month.

"It's one wide street, Essex, meeting another wide street, Delancey, and both have enormous amounts of traffic of all types. It's a rare instance of a dangerous street meeting a dangerous street -- unfortunately, it's really the worst of the worst," said Norvell.

« BROOKLYN ELEMENTARY SCHOOL STUDENTS HURT IN EAST SIDE BUS ACCIDENT | Main | MORE NEW YORK CITY ACCIDENTS HERE THAN ANYWHERE »

PREVENT INJURY IN AN ACCIDENT: GROWN-UP CYCLISTS NEED HELMETS, TOO

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

Whether you bicycle ride on hectic city streets or bucolic country lanes, helmets are essential protection in case of an accident. Bicycle helmets the risk of head injury by up to 88% and facial injury by 65%, according to a Cochrane Database Systemic Review published in 2000. Bike riders who play against those odds do not fare well in accidents. More than 90 percent of the 714 bicyclists killed in 2008 were not wearing helmets, according to the Insurance Institute for Highway Safety.

Even a minor blow to the head can cause a serious personal injury.

"You don't have to be going fast to hurt your brain in an accident," according to Dr. Angela F. Gardner, president of the American College of Emergency Physicians. A simple concussion can be debilitating, keeping you off the job or operating at half speed for weeks. "And every concussion increases the likelihood that you will have a more severe injury to the brain if another concussion occurs," says Dr. Gardner.

People over 30 should be especially careful because of age-related changes to their brains.

"As you age, your brain shrinks, but your skull does not," says Dr. Gardner. "That extra space means that the brain can bounce around inside the skull and may be more easily damaged from a blow."

Nearly half of all states have laws on the books that require children and teenagers, typically those under 16 or 18, to wear helmets for protection in case of an accident. In New York, riders under 14 years-old must wear a helmet. A handful of cities -- including Dallas, El Cerrito, Calif., and Rockland County, New York -- have laws that require people of all ages to wear helmets when they are on a bicycle. But no States do. So in most places it is up to adults to protect themselves from serious personal injury by voluntarily wearing a helmet.

If you are not a helmet wearer -- yet -- here is some good news: low-priced helmets, as long as they meet federal standards, work just as well as high-priced ones. So cost should not be a deciding factor in deciding whether or not to purchase this important accident and serious personal injury protection.

Nor should style. There are now plenty of hip helmets on the market in a variety of shapes and shades.

In this blawg I am focusing on bicycle helmets, which are designed specifically to cushion the blow of the falls most likely to happen from a bicycle. But remember, skateboarders, skiers and rollerbladers should wear helmets too for protection from serious personal injury in an accident, and those helmets should be specific to those sports.

Here is how to make a smart buying decision.

LOOK FOR A C.P.S.C. STICKER The sticker ensures that the product has met the federal Consumer Product Safety Commission's standards. The Commission requires that helmets be tested for impact resistance on special rigs, that they offer adequate peripheral (side) vision and that their straps be sturdy, among other measures. Helmets are tested in a variety of conditions: when they are hot, wet, cold and at room temperature.

CHEAP CAN BE SAFE According to a study by the Bicycle Helmet Safety Institute, a nonprofit organization based in Arlington, Va., $10 helmets from Wal-Mart Stores and Target held up just as well in accidents as more expensive models from high-end outlets. Last spring, the Institute had an independent lab test six helmets in different price ranges. The report summarized its findings: "When you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets we tested equaled the expensive ones."

GET A GOOD FIT If the dork factor has been holding you (or your children) back, spring for a helmet in a color and shape you love -- or at least do not hate. Check out the models from Nutcase, which feature bold graphics (stripes, flags, flames and such) in streamlined skater shapes. For more sophisticated styles, look at the options from Giro. Whether you are buying for yourself or a child, be sure the fit is snug and comfortable. The helmet should sit two finger widths above your eyebrows, the straps should come under your ears and you should be able to open and close your mouth comfortably. If your head tends to sweat, look for a helmet with vents.

LIGHT OR BRIGHT A helmet in a light, glittery shade makes you more visible and less likely to be hit on the road. If you ride in the evening, it is helpful to have a reflective helmet: The largest number of accidental bicycle deaths in 2008 occurred between 6:00 and 9:00 p.m., according to the Highway Safety Institute.

ONE FALL PER HELMET Most bike helmets are lined with expanded polystyrene foam, typically abbreviated as E.P.S. When you fall, the foam compacts (even though your helmet may look perfectly fine) and so will not cushion a subsequent blow adequately.

Because materials degrade over time, it is wise to replace your helmet every five to seven years to protect from serious personal injury. If your helmet dates from 2003 or earlier, buy yourself a new one.

BE A ROLE MODEL Wearing a helmet sets a good example for other riders and for children.

"We see plenty of kids in our trauma center who say they have helmets at home," said Dr. Beth Ebel, director of the Harborview Injury Prevention and Research Center in Seattle. "The biggest problem with kids is getting them to wear their helmets consistently."

 

« REPORT SHOWS SENIOR CITIZENS SUFFER HIGHER PEDESTRIAN FATALITY RATES FROM ACCIDENTS | Main | PREVENT INJURY IN AN ACCIDENT: GROWN-UP CYCLISTS NEED HELMETS, TOO »

BROOKLYN ELEMENTARY SCHOOL STUDENTS HURT IN EAST SIDE BUS ACCIDENT

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney) 

On Friday May 21,2010 at about 11:00 AM, a school bus crashed while transporting children

from P.S. 149 in Brooklyn, who were on their way to Lincoln Center.

Police say that the bus had just crossed the 59th Street Bridge when it was waved through an intersection by a crossing guard. As it was turning, it was cut off and the bus driver slammed on the breaks, colliding at a low speed with a car that was in front of the bus.

The accident left at least 20 kids injured in the accident. Some of the accident victims were taken to New York Hospital-Weill Cornell Medical Center. None of their injuries are considered serious.

The bus is registered to the Consolidated Bus Transit Company of Brooklyn, New York.

The uninjured students returned to their school.

No damage was reported to the bus.

« SUBWAY ACCIDENT VICTIMS ON FIRST DATE | Main | BROOKLYN ELEMENTARY SCHOOL STUDENTS HURT IN EAST SIDE BUS ACCIDENT »

REPORT SHOWS SENIOR CITIZENS SUFFER HIGHER PEDESTRIAN FATALITY RATES FROM ACCIDENTS

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

The Tri-State Transportation Campaign is a not-for-profit organization dedicated to reducing car dependency in New York, New Jersey, and Connecticut. Leading environmental and planning organizations formed the Campaign in the early 1990s as a response to the mounting economic and environmental costs of automobile and truck dependence and promising reforms in federal transportation policy.

Older pedestrians are far more likely to be killed in an accident while walking than their younger neighbors, according to a new study by the Tri-State Transportation Campaign. This is especially true in downstate New York where accident fatality rates for older pedestrians are far higher than in the rest of the country.

Between 2006 and 2008, 290 pedestrians aged 60 years and older were killed in accidents on downstate New York roads. Though comprising just over 17 percent of the area's population, people aged 60 and older accounted for 42 percent of the total pedestrian fatalities frmo accidents during the three-year period. Those aged 75 years and older represent less than 6 percent of the downstate New York's population, but nearly 20 percent of accidental pedestrian deaths.

The Tri-State Transportation Campaign urged state leaders to reduce high fatality rates by passing a statewide complete streets policy that ensures roads are designed to accommodate all users, including walkers, cyclists, and people of all ages.

Nationwide, pedestrian collisions are the 5th leading cause of accidental death for people aged 60 and older. And pedestrian fatality rates in accidents for older Americans are more than 50 percent higher than for those under 60 years.

But the disparities in downstate New York are even greater, with pedestrian accident fatality rates for people 60 years and older 3.7 times the rate for those younger than 60 years. People 75 years and older suffer an accident fatality rate that is nearly five times that of their younger neighbors.

The Tri-State Transportation Campaign's analysis found that Manhattan was the most dangerous place in downstate New York for older people to walk, likely a reflection of the higher walking rates there. But the issue is not just an urban one. Nassau County ranked 3rd in the region in per capita terms, while the city's least dense borough, Staten Island, also ranked high on the list. The table below provides the full ranking of all downstate counties and boroughs. (Putnam and Rockland Counties were excluded because few accidental pedestrian fatalities were recorded in those counties.)

"This report should be a real wake-up call to our rapidly aging city," according to Paul Steely White, Executive Director of Transportation Alternatives. "No other indicator shows the dangers on our streets more starkly than the number of fatalities among senior citizens struck will walking."

Rank

County

Older (60+ yrs) Pedestrian Fatalities (2006-2008)

Avg. Older Pedestrian Fatality Rate per 100,000 (2006-2008)

Avg. <60 yrs Pedestrian Fatality Rate per 100,000 (2006-2008)

1

Manhattan, NY

56

6.67

1.46

2

Brooklyn, NY

69

5.46

1.18

3

Nassau County, NY

39

4.69

1.33

4

Staten Island, NY

11

4.47

0.92

5

Orange County, NY

6

3.77

0.93

6

the Bronx, NY

22

3.69

0.96

7

Queens, NY

42

3.40

0.86

8

Suffolk County, NY

25

3.05

1.73

9

Westchester County, NY

14

2.53

0.52

10

Dutchess County, NY

4

2.51

0.28

         
 

All Downstate New York

290

4.19

1.13

*Fatality rates are calculated according to the population of the relevant age group (i.e., population aged 60 years and older, population under 60 years).

 

The full report, as well as county fact sheets and maps showing the locations of pedestrian fatalities throughout the region can be found at www.tstc.org.

« NEW YORK CITY INSPECTORS CLOSE APARTMENT BALCONIES TO PREVENT ACCIDENTS | Main | REPORT SHOWS SENIOR CITIZENS SUFFER HIGHER PEDESTRIAN FATALITY RATES FROM ACCIDENTS »

SUBWAY ACCIDENT VICTIMS ON FIRST DATE

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

Readers may recall this subway accident news piece from the papers and my recent blog.

Juliet, or 19 year-old Beatriz Briceno, was on a first date with 29 year-old Jose Gomez, our Romeo.

In a subway station in Astoria, Queens, New York City, she accidentally dropped her coat onto the subway tracks. Her pockets full of her "stuff," she jumped down onto the tracks to retrieve her coat, and he jumped too. Then the train struck them. Beatriz Briceno had texted excitedly to friends during her first date with fellow Venezuelan immigrant Jose Gomez; before they were hit by the subway train in a tragic accident, killing him and seriously injuring her, as previously reported.

The couple's date came a week after their first meeting, when the pretty Briceno waited on Gomez at a restaurant.

Gomez, the assistant manager at another Manhattan eatery, wrote to her on Facebook that night and texted her, saying, "It was great meeting you. You seem like a great girl. Why don't we meet up this weekend?" Briceno particularly liked that Gomez posted photos of himself with his dog and family -- rather than pictures of him partying at a club.

Briceno and Gomez started their date after she got off work at 6 p.m. Then they were to meet up with Gomez's friends.

Briceno dressed for the occasion in a sparkly gray shirt that matched her gray jeans.

She wore sexy, strappy sandals and brought along her black leather jacket, which held her keys, wallet and phone.

Still, the teen was nervous, not knowing anything about Gomez beyond e-mails..

But that all appeared to slip away when the handsome, chatty Gomez came to whisk her off.

That all changed a short time later, when Briceno's jacket, with all the belongings in the pocket, fell to the tracks at the 36th Avenue station.

In the accident, Gomez was killed alongside his critically injured gal pal. Briceno remains hospitalized for her injuries - bleeding on the brain and a lacerated kidney and liver.

« TWO OFF-DUTY COPS KILLED, FOUR WOMEN INJURED, IN ALCOHOL-RELATED BRONX ONE-CAR ACCIDENT | Main | SUBWAY ACCIDENT VICTIMS ON FIRST DATE »

NEW YORK CITY INSPECTORS CLOSE APARTMENT BALCONIES TO PREVENT ACCIDENTS

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens accident lawyer)

Monday May 17, 2010 the New York City Building Department issued a warning to residents at sixteen New York City buildings to stay off their apartment balconies. The warnings come out of an inspection program prompted by an by an accident in March, when a Manhattan man fell to his death after his balcony railing failed. This accident was the subject of a previous blog post on March 17, 2010.

The City has conducted safety inspections of several hundred buildings and found unsecure loose railings, broken concrete, and loose railing posts - accidents waiting to happen. To avoid injury to and possible death of residents, building owners must make repairs before the balconies can be reopened.

The the New York City Building Department also found that some 800 building owners have failed to file mandatory inspection reports on the safety of their balconies and terraces, which are required every five years.

The sixteen buildings affected by the order are in every borough except Brooklyn.

« BROOKLYN COP INVESTIGATING STOLEN CAR INJURED WHEN ACCIDENTALLY STRUCK BY MOTORCYCLE | Main | NEW YORK CITY INSPECTORS CLOSE APARTMENT BALCONIES TO PREVENT ACCIDENTS »

TWO OFF-DUTY COPS KILLED, FOUR WOMEN INJURED, IN ALCOHOL-RELATED BRONX ONE-CAR ACCIDENT

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx Injury Lawyer)

Sunday, May 16, 2010. Two off-duty cops were at a party, drinking. They gave four young women a ride home and were traveling north on the Bronx River Parkway in a 2009 Nissan Altima at around 6:30 AM when they struck a guardrail near the 233rd Street exit in the Bronx and flipped over.

The two officers, Edwin Paulino, age 25, and Kim Hoyoung, age 32, were pinned inside the wrecked car. They were pronounced dead at the scene. The four women - Iris Ramirez, 27; Jasmine Ramirez, 20; Melina Ramirez, 26, and Shirley Torres, 26 - were thrown from the vehicle. They were listed in serious but stable condition at Jacobi Medical Center in the Bronx.

It was not immediately known whether the four women and the police officers, who were assigned to Harlem's 32nd Precinct, were wearing their seat belts. The police did not specify the cause of the accident, saying only that the cause appeared to be driver inattentiveness - which would tend to exclude external factors like mechanical failure or another vehicle. Blood tests will be performed to determine whether there was alcohol or drug involvement.

« GOOD SAMARITAN DIES IN QUEENS SUBWAY ACCIDENT | Main | TWO OFF-DUTY COPS KILLED, FOUR WOMEN INJURED, IN ALCOHOL-RELATED BRONX ONE-CAR ACCIDENT »

BROOKLYN COP INVESTIGATING STOLEN CAR INJURED WHEN ACCIDENTALLY STRUCK BY MOTORCYCLE

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)

Sunday May 16, 2010 at 1:00 PM, police officer Carlos Olmedo, age 31,of the 62nd Precinct in bensonhurst responded to a call about a mugging in Brooklyn. Officer Olmedo and his partner spotted a stolen car with three men inside.

The men ran away from the stolen car and the two cops ran into the street in pursuit of the suspects while yelling at them to stop. In a horrible accident, a passing motorcycle struck Officer Olmedo while he was in pursuit, causing him to suffer grievous injury.

Both Officer Olmedo and the driver of the motorcycle were taken to Brooklyn's Lutheran Medical Center for treatment. Officer Olmedo is in critical condition with serious head injuries, for which he was operated on.

The suspects being chased were later found and taken in for questioning.

The operator of the motorcycle faces no charges.

« QUEENS COUNTY MORTGAGE SCAM TARGETS GUYANESE COMMUNITY | Main | BROOKLYN COP INVESTIGATING STOLEN CAR INJURED WHEN ACCIDENTALLY STRUCK BY MOTORCYCLE »

GOOD SAMARITAN DIES IN QUEENS SUBWAY ACCIDENT

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

On Saturday May 14, 2010 a woman dropped her jacket onto the subway tracks at Astoria's 36th Avenue station. Throwing common sense to the wind, she jumped down onto the tracks to get back her jacket.

As a northbound N train came screaming into the station, Brooklyn resident Jose Gomez, age 29, then jumped down to help the as yet unidentified woman.

The New York City subway train struck them both. The two were pinned under the train while New York City Transit workers worked to turn off the electricity to thed tracks.

The accident victims were to Elmhurst Hospital in Queens, for their injuries. Jose Gomez was declared dead. The woman was critically injured.

Train service to the Queens subway station was down for about an hour after the accident. Witnesses agreed that the woman's decision to jump down to retrieve her jacket caused the tragedy that brought death to Mr. Gomez.

« ACCIDENTAL FIRE BURNS DOWN MANHATTAN BUSINESS | Main | GOOD SAMARITAN DIES IN QUEENS SUBWAY ACCIDENT »

QUEENS COUNTY MORTGAGE SCAM TARGETS GUYANESE COMMUNITY

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

Queens District Attorney Richard A. Brown today announced that 17 individuals - including two Queens attorneys - have been charged with defrauding legitimate homeowners and various lending institutions out of more than $3 million in equity that had been stripped from 26 refinanced residential properties valued at $13 million. Many of the loans subsequently went into default, leaving lending institutions with insufficient collateral and substantial losses, or into foreclosure, leaving homeowners, in some cases, homeless. Twelve of the defendants are in custody and five are presently being sought.

The defendants are variously charged with first- and second-degree grand larceny, first-degree criminal possession of stolen property, first-degree money laundering, first-degree identity theft, second-degree forgery, second-degree criminal possession of a forged instrument, first-degree falsifying business records, first-degree offering a false instrument for filing, first-degree scheme to defraud and fourth-degree criminal facilitation. If convicted, the defendants face as much as 25 years in prison.

District Attorney Brown said that the investigation leading to today's arrests is alleged to have revealed that the two ringleaders of the mortgage fraud scheme were Roger Huggins and Inderpaul Sookraj who owned and operated a Richmond Hill, Queens, company that went by various names - Home Solutions Management, Home Solutions Enterprises and Home Solutions Limited - and held itself out to be a home foreclosure rescue company. It is further alleged that both Huggins and Sookraj also owned shell corporations which were created, in part, to launder the ill-gotten gains from the foreclosure rescue scam. Huggins was also allegedly employed as a loan officer with the defendant DMV Mortgage, a licensed mortgage brokerage firm owned by defendant Mangal Singh, who allegedly received a share of the profits of the alleged scheme from Huggins and Sookraj.

The investigation further allegedly revealed that Huggins and Sookraj targeted homeowners in Queens, Brooklyn and the Bronx who had substantial equity in their residences but either faced foreclosure due to their inability to make monthly mortgage payments or were simply behind in their mortgage payments and looking to refinance or modify their loans with their lenders. It is alleged that Huggins and Sookraj offered to help the homeowners by instructing them to permit title to their homes be put in the name of a third-party purchaser (a "straw buyer") for one year, during which time the two defendants promised to improve the homeowners' credit rating, help them obtain more favorable mortgages on their homes and ultimately, return to them the title to their homes. What allegedly occurred at the closings, however, was that Huggins and Sookraj - in order to keep as much of the mortgage proceeds as possible - fabricated reasons why they needed to hold the homeowners' funds in escrow - such as that the equity withdrawn from the properties would be used to pay the mortgages and expenses on the homes and to repair the homeowners' credit.

In some cases, it is alleged, Huggins and Sookraj induced distressed homeowners to sell or transfer their properties directly to them for reduced prices. Huggins and Sookraj then allegedly resold or "flipped" the properties to straw buyers at inflated prices, usually within a short period of time. In some of these cases, the two defendants allegedly paid off the homeowners by using the home mortgage loan funds obtained from the lenders for the straw buyers. In those cases, the difference between the inflated home mortgage loan amounts and the reduced sale amounts represented, in part, the defendants' profits from the scheme.

In another instance, it is alleged, Huggins and Sookraj drafted and filed fraudulent documents which purported that they had purchased a home from a homeowner who, in fact, had died a year prior to the closing. The defendants subsequently flipped the property to a straw buyer at an inflated price ($420,000), thus allowing them to keep and split the entire loan proceeds between themselves and their co-defendants as there was no actual seller of the property. To date, the Jamaica, Queens, property remains vacant and the loan has gone into default.

It is additionally charged that Huggins and Sookraj stole the property deeds of at least two homes outright by fraudulently creating documents - complete with such identifying information of the homeowners as their social security numbers, dates of birth and driver's licenses - which purported that the homeowner had sold their homes to Huggins and Sookraj, who then turned around and sold the properties to straw buyers. The homeowners neither had any knowledge of the fraudulent transactions, nor did they realize that their home had been stolen. In both instances, the original homeowners allegedly had met Huggins when he offered to assist them with the "short sale" of their properties. In one case, the homeowner had gone to Huggins because he had lost his job and his wife was stricken with cancer.

In carrying out their scheme, it is alleged that Huggins and Sookraj paid various individuals to recruit homeowners to sell or refinance their properties or to act as straw buyers to carry out the fraudulent real estate deals by applying for loans. In most cases, it is alleged, the mortgage applications submitted to the lending institutions contained falsified income statements of the straw buyers. For example, it is alleged that straw buyer Aneesa Mohammed obtained two home mortgage loans in the aggregate amount of $410,000 from Freemont Investment and Loans to fund the purchase of a home. The submitted documents allegedly prepared by Huggins and Sookraj through DMV Mortgage contained numerous false representations, among which were that Mohammed falsely represented that she made more than $100,000 annually and had more than $30,000 in her bank account when, in fact, her true income was $12,800 and her bank account contained only $1,700.

In furtherance of the scheme, Huggins and Sookraj allegedly had two attorneys - Trevor Rupnerain and Shawn Chand- representing lending institutions, buyers or sellers at various Home Solution property closings. The two attorneys are alleged to have concealed the true nature of the transactions from their clients and distributed fraudulently obtained loan proceeds to themselves, as well as to other defendants and entities on behalf of Huggins and Sookraj. They are also charged with fraudulently preparing various financial and real estate documents.

Finally, it is alleged that Huggins and Sookraj would make several monthly mortgage payments together on properties used in the mortgage scheme in order to avoid early default and thus preventing lending institutions - who sold their mortgages into a secondary market - from identifying the true nature of the fraudulent scheme. This device further permitted the initial lender to sell the loans in the secondary market under contracts that gave no recourse after a minimal number of payments had been made.

The accused are listed below (all are innocent until proven guilty).

HOME SOLUTION OWNERS (2)

ROGER HUGGINS, 34, of 92-06 Springfield Boulevard, Queens Village, New York, is the co-owner of Home Solutions, located at 127-16 Liberty Avenue in Richmond Hill, Queens. He is also the owner of Huggins Realty, LLC (an alleged shell corporation) and a loan officer with DMV Mortgage.

INDERPAUL SOOKRAJ, 44, of 116-01 Sutter Avenue, South Ozone Park, New York, is the co-owner of Home Solutions, located at 127-16 Liberty Avenue in Richmond Hill, Queens. He is also the owner of Marlon Brando Construction Company (an alleged shell corporation). (Fugitive)

ATTORNEYS (2)

SHAWN D. CHAND, 34, of 248 Mill Road, Valley Stream, New York, maintains a law office at 110-13 Jamaica Avenue, Richmond Hill, Queens.

TREVOR RUPNARAIN, 48, of 114-28 149th Avenue, South Ozone Park, maintains a law office at 131-02 Liberty Avenue and previously at 117-15 101st Avenue, both in Richmond Hill, Queens. He is also the registered real estate broker and owner of Remax Xcel Realty located at 131-02 Liberty Avenue.

REAL ESTATE PERSONNEL (3)

ANAND BHARAT, 54, of 94-38 216th Street, Queens Village, was a licensed real estate salesperson with defendant Rupnerain's company, Remax Xcel Realty, and owned A&T Realty, a non-licensed real estate brokerage company (an alleged shell corporation), and Signature Management Company (also an alleged shell corporation).

* PRAHALAD MAHADEO, 32, of 89-15 205th Street, South Richmond Hill, New York, was a licensed real estate salesperson with defendant Rupnerain's company, Remax Xcel Realty, and owned Reliance Realty, a non-licensed real estate brokerage company, and New Liberty Construction.

MANGAL SINGH, 57, whose last known address was 774 Regent Drive, Westbury, New York, was the principal founder and owner of DMV Mortgage, located at 127-18 Liberty Avenue. The company is presently out of business and the defendant is believed to be in India. (Fugitive)

RECRUITERS (2)

** ARIEL HUGGINS, 36, of 92-06 Springfield Boulevard, Queens Village, New York. MOHAMMAD ABDALLAH,37, of 106-19 Guy R. Brewer Boulevard, Jamaica, New York. (Fugitive)

STRAW BUYERS (8)

MICHAEL ABDUL, 44, whose last known address was 107-12 129th Street, South Richmond Hill, New York, is believed to be in Florida. (Fugitive)

FAIZ ALI, 46, of 101-67 121st Street, South Richmond Hill, Queens. JAGDESH KULDIP, 31, of 245-28 147th Road, Rosedale, New York. PURNIMA MAHAMMED, 29, of 102-12 135th Street, South Richmond Hill, New York.

ANEESA MOHAMMED, 30, is believed to be in Florida. (Fugitive)

KRISHNA RAMROOP, 56, of 102-12 135th Street, South Richmond Hill, New York. VADIANUTH SANICHAR, 44, of 97-14 129th Street, Richmond Hill, New York. DAVID SOOKDEO, 29, of 144-07 168th Street, Jamaica, New York.

* was also a recruiter

** was also a straw buyer

« THREE PEOPLE HAVE BEEN KILLED IN ONE-CAR ACCIDENT IN BATON ROUGE, LOUISIANA. | Main | QUEENS COUNTY MORTGAGE SCAM TARGETS GUYANESE COMMUNITY »

ACCIDENTAL FIRE BURNS DOWN MANHATTAN BUSINESS

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

A worker installing a fire-safety door at a pizza place in Manhattan's Stuyvesant Town tarted an accidental fire that burned down five stores yesterday, May 12, 2010.

The building housing the five stores at 500 E. 14th St. was burned to the ground. New York City inspectors were checking the safety of the building's remains.

An employee of Ideal Fire Safety Systems said he was working on a fire-access door in the kitchen of Pete's-A-Place, a pizza joint, at around 10:15 a.m. when his welding torch apparently set some grease on fire.

Flames shot up through the building's roof, and smoke was visible from blocks away. It took 140 firefighters to extinguish the blaze. Two were treated for smoke inhalation.

« RIDE YOUR MOTORCYCLE CAREFULLY - NO ACCIDENTS! | Main | ACCIDENTAL FIRE BURNS DOWN MANHATTAN BUSINESS »

THREE PEOPLE HAVE BEEN KILLED IN ONE-CAR ACCIDENT IN BATON ROUGE, LOUISIANA.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

The accident happened around 2:45 AM on Monday May 1, 2010.

Police, fire and emergency medical workers were summoned after a 1991 Oldsmobile ran off Baton Rouge's Nicholson Drive and went into a ditch. When they arrived, the car was in flames. The three accident victims were found after the fire was put out.

« HUSBAND JUMPS ON HOOD OF TRUCK TO PREVENT WIFE DRIVING DRUNK, IS HURT IN ACCIDENT WHEN SHE DRIVES OFF ANYWAY | Main | THREE PEOPLE HAVE BEEN KILLED IN ONE-CAR ACCIDENT IN BATON ROUGE, LOUISIANA. »

RIDE YOUR MOTORCYCLE CAREFULLY - NO ACCIDENTS!

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Attorney)

May is Motorcycle Safety Month, and the National Highway Traffic Safety Administration is reminding everyone that there are some steps to become more aware of motorcyclists:

• Respect the motorcyclist

Remember the motorcycle is a vehicle with all of the privileges of any vehicle on the roadway. Give the motorcyclist a full lane of travel.

• Look out

Look for the motorcyclist on the highway, at intersections, when a motorcyclist may be making a left turn and when a motorcyclist may be changing lanes. Clearly signal your intentions.

• Anticipate a motorcyclist's maneuver

Obstructions (debris, potholes, etc.) that you may ignore or not notice can be deadly for a motorcyclist. Predict evasive actions.

• Allow plenty of space

Don't follow a motorcycle too closely. Allow enough room for the motorcyclist to take evasive actions.

Nearly two-thirds of all motorcycle collisions occur with a passenger car, and in a typical motorcycle accident, motorcyclists have less than two seconds to take action to avoid a collision.

« CITY BUS HITS GRANDMOTHER CROSSING STREET IN QUEENS ACCIDENT; SHE DIES FROM HER INJURY | Main | RIDE YOUR MOTORCYCLE CAREFULLY - NO ACCIDENTS! »

HUSBAND JUMPS ON HOOD OF TRUCK TO PREVENT WIFE DRIVING DRUNK, IS HURT IN ACCIDENT WHEN SHE DRIVES OFF ANYWAY

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

Saturday May 8, 2010, West Babylon, Long Island, married couple Douglas Bolando, age 39, and his wife Sandra Bolando, age 38, finally got a babysitter to take care of their children, ages 4 and 6, for the night. So they went out drinking together.

They went to a bar near home. Then they wanted to go to another bar, but husband (Douglas) believed that wife (Sandra) was in no shape to drive. Like any good married couple, they argued.

Sandra got behind the wheel of her husband's 2003 Dodge pickup truck to leave. To stop his wife from driving and avert a possible accident, Douglas jumped on to the hood of his truck.

She drove down the block, made a turn, and he fell off. He hurt his head and face when he hit the road face first.

She continued driving, evidently not realizing the seriousness of her husband's injuries.

An ambulance took Douglas to Good Samaritan Hospital Medical Center in West Islip. Police apprehended and arrested Sandra a short distance away. Douglas is in serious condition from this accident with a fractured skull, as well as brain and neck injury.

Sandra is facing drunk driving charges, plus leaving the scene of an accident with serious physical injury and vehicular assault.

She was arraigned Sunday at First District Court in Central Islip. The truck was impounded for a safety check.

« HIT-AND-RUN ACCIDENT IN THE MEADOWLANDS LEADS TO SERIOUS INJURY | Main | HUSBAND JUMPS ON HOOD OF TRUCK TO PREVENT WIFE DRIVING DRUNK, IS HURT IN ACCIDENT WHEN SHE DRIVES OFF ANYWAY »

CITY BUS HITS GRANDMOTHER CROSSING STREET IN QUEENS ACCIDENT; SHE DIES FROM HER INJURY

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

Friday, May 7, 2010 at abuot 10:00 A.M. a mother of thirteen and grandmother of many, Consuelo Sanchez, suffered a fatal accident when and MTA bus knocked her down in the intersection of Leffets Blvd. and Rockaway Blvd. In Queens, New York City. She died frmoher injuries.

Sanchez, age 81, was crossing the intersection with a shopping cart.

No criminal charges have been brought against the bus driver, for what has been classified as an accident.

« "HANDMADE DECORATIVE ROCKS" - FOR A CHANGE, A CRIMINAL CASE HAVING NOTHING TO DO WITH ACCIDENTS OR PERSONAL INJURY; I JUST THOUGHT THIS WAS INTERESTING | Main | CITY BUS HITS GRANDMOTHER CROSSING STREET IN QUEENS ACCIDENT; SHE DIES FROM HER INJURY »

HIT-AND-RUN ACCIDENT IN THE MEADOWLANDS LEADS TO SERIOUS INJURY

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Lawyer)

At around midnight on Friday May 7, 2010, Frank Morocho, age 21, of the Bronx, New York, drove his car, a silver 2006 Acura S.U.V., into a cluster of nine pedestrians after a soccer match at the Meadowlands arena in New Jersey.

The pedestrians were hurt while trying to reach their cars in a nearby parking lot after a sold out Mexico vs. Ecuador soccer match at the new Meadowlands Stadium. They crossed highway Route 120 instead of waiting for a shuttle bus to the parking lot. The victims also ignored a pedestrian overpass that would have taken them over Route 120.

Morocho fled the scene after the accident and was later arrested in nearby Wallington, New Jersey after is car was spotted.

Two people were in critical condition at Meadowland Hospital as a result of the accident, others with serious injuries were in area hospitals, including a 22-month-old child.

Morocho was charged with driving while intoxicated, assault by automobile, aggravated assault on a juvenile and leaving the scene of an accident. He is being held on $50,000 bail.

« WITNESSES CHASE DOWN HIT-AND-RUN DRIVER AFTER ACCIDENT AND CATCH HIM ON 59TH STREET BRIDGE BETWEEN QUEENS AND MANHATTAN | Main | HIT-AND-RUN ACCIDENT IN THE MEADOWLANDS LEADS TO SERIOUS INJURY »

"HANDMADE DECORATIVE ROCKS" - FOR A CHANGE, A CRIMINAL CASE HAVING NOTHING TO DO WITH ACCIDENTS OR PERSONAL INJURY; I JUST THOUGHT THIS WAS INTERESTING

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Lawyer)

Defendant Silva-Almodovar (I can't tell his or her first name from the decision) was arrested for offering for sale without a license ten painted rocks, by New York City's Union Square. The arresting officer swore he observed the offering of the rocks for sale on January 6, 2010 at 1:20 PM and on January 31, 2010 at 2:00 P.M. The defendant was arrested and arraigned and charged with acting as a general vendor without having first obtained a license in accordance with the New York City Administrative Code.

In a decision published in the New York Law Journal on May 4, 2010, Criminal Court Judge Matthew Sciarrino notes that The New York Vendors Law prohibits the retail sale of non-food goods and other services on public streets without first obtaining a license, with the exception of the sale of written materials.

The question then becomes whether Silva-Almodova's sale of painted rocks was protected by the U.S. or New York Constitution(s) as a form of artistic expression or visual art.  The First Amendment to the U.S. Constitution protects more than just written or spoken words as mediums of expression, but also includes pictures, films, paintings, drawings, engravings and sculptures. The judge also notes that the New York Constitution is even more protective of free expression than the First Amendment.

The prosecution relied on a case entitled Al-Amir v. City of New York, where the defendants claimed First Amendment protection when they were offering perfume oils and incense in exchange for donations' while trying to convey messages about Islam. The Al-Amir court held that defendants were not entitled to First Amendment protection, because vials of perfume oil and sticks of incense lack an inherently communicative element. The prosecution here further argued that the rocks sold by Silva-Almodovar do not convey any emotions or ideas, but rather that they are "simply rocks."

Judge Sciarrino quoted a prior case (Bery) that held that "'[v]isual art is wide ranging in its depiction of ideas, concepts and emotions ... a primitive but effective way of communicating ideas." Judge Sciarrino pointed out that in a 2008 case, People v. Chen Lee, a judge found that a defendant who was arrested for selling coasters bearing photographs (not taken by the defendant) of New York City landmarks and dead celebrities was protected by the First Amendment, as the coasters were not suitable for use as coasters or any other practical purpose, and that their purpose was "exclusively expressive."

Judge Scirrino holds in this case:

1. "Here too, the 'decorative rocks' present an idea, a concept, and an emotion. Neither the United States Supreme Court nor the Courts of New York have required visual art to be 'complex' in order to be protected.."

2. "Therefore, the defendant is protected by the First Amendment and by New York Constitution."

Case dismissed.

Comment: And a colossal waste of law enforcement resources time and taxpayer money comes screeching to a halt.

« ACCIDENTS APLENTY ON BROOKLYN'S ORIENTAL BOULEVARD | Main | "HANDMADE DECORATIVE ROCKS" - FOR A CHANGE, A CRIMINAL CASE HAVING NOTHING TO DO WITH ACCIDENTS OR PERSONAL INJURY; I JUST THOUGHT THIS WAS INTERESTING »

WITNESSES CHASE DOWN HIT-AND-RUN DRIVER AFTER ACCIDENT AND CATCH HIM ON 59TH STREET BRIDGE BETWEEN QUEENS AND MANHATTAN

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Accident Attorney)

On Tuesday May 5, 2010 at 2:30 P.M. a BMW driven by 17 year-old Rafael Castro-Blanco struck and dragged Anthony Borici, age 15, and sped off. Good samaritan motorist Joe Griggs witnessed the hit-and-run accident and chased Castro-Blanco over the (Manhattan-bound) Queensboro Bridge.

Castro-Blanco sideswiped several cars on the bridge before Griggs and two other motorists trapped the BMW against a wall near an exit ramp. They held Castro-Blanco - who was later charged with drunk driving and leaving the scene of an accident - until police arrived.

The teenage accident victim was treated for his injuries at Elmhurst Hospital and released.

« GAP RECALLS BABY SWIMSUITS DUE TO RISK OF ACCIDENTAL STRANGULATION | Main | WITNESSES CHASE DOWN HIT-AND-RUN DRIVER AFTER ACCIDENT AND CATCH HIM ON 59TH STREET BRIDGE BETWEEN QUEENS AND MANHATTAN »

ACCIDENTS APLENTY ON BROOKLYN'S ORIENTAL BOULEVARD

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Attorney)

Oriental Boulevard is a mile-long piece of roadway in Brooklyn's Manhattan Beach neighborhood. In just three days last week, the street saw four motor vehicle accidents.

According to police, two of those accidents took place within 30 minutes of each other along the coastal "danger strip" that stretches across the length of Manhattan Beach. A third accident injured a motorcycle rider.

Local residents consider the road dangerous for pedestrians; it has few traffic lights and little enforcement of traffic laws against speeding - so cars race there. To residents, speeding is the main issue. And most of the speeding along the boulevard has been linked to students from Kingsborough Community College at the eastern end of the road.

The most recent accidents are as follows:

On April 28, 2010 at 2:30 PM a car leaving Kingsborough Community College hit a car making a U-turn at MacKenzie Street.

On April 28, 2010 at 3:00 PM two cars collided at the corner of Ocean Avenue, about four blocks away. One of the vehicles swerved after the collision and ended up in a nearby driveway. According to witnesses, one car was speeding along a bicycle lane seconds before the crash.

On April 29, 2010 at 11:00 AM a car making a U-turn struck a motorcyclist at the corner of MacKenzie Street, where this series of motor vehicle accidents started.

On April 30, 2010 at 8:00 PM a driver turning from West End Avenue onto Oriental Boulevard knocked down a light pole.

Police said that five people were hospitalized in these accidents, but none of the injuries were considered life threatening or particularly serious.

Cops are paying closer attention to the roadway, watching for speeders and reckless drivers.

« CAR BOMB IN TIMES SQUARE - THIS IS NO ACCIDENT | Main | ACCIDENTS APLENTY ON BROOKLYN'S ORIENTAL BOULEVARD »

GAP RECALLS BABY SWIMSUITS DUE TO RISK OF ACCIDENTAL STRANGULATION

 

From:New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Queens Injury Attorney)

The U.S. Consumer Product Safety Commission and Health Canada, recalled baby swimsuits sold by Gap Inc., of San Francisco, California. About 6,500 swimsuits, manufactured in Indonesia and China have been sold in New York and nationwide, and about 480 in Canada.

Hazard:The swimsuits have halter straps that were manufactured too short causing the plastic ring located at the neck of the swimsuit to press against the child's throat and obstruct the airway. This poses a strangulation hazard and risk of injury to the child.

Incidents/Injuries: The firm has received two consumer complaints. No injuries have been reported.

Description: The baby swimsuits were sold in two styles: number 706260 is blue and white and number 700452 is red and white. The style number can be found on the label located on the swimsuit. Both swimsuits were sold in infant sizes up to 24 months and are made of a synthetic knit stretch fabric of polyester and spandex. The straps are made of the same material as the body.

Sold at: The babyGap, GapKids, Gap, Gap Outlet stores nationwide and online at www.gap.com from February 2010 through April 2010 for between $17 and $20.

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CAR BOMB IN TIMES SQUARE - THIS IS NO ACCIDENT

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Accident Lawyer)

Police interrupted an attempt to ignite a bomb hidden in a Nissan Pathfinder in New York City's Times Square discovered on Saturday May 1, 2010, at between 6:30 and 7:00 PM.

A t-shirt vendor working on the street told a mounted cop, Officer Wayne Rhatigan, that he saw the smoking S.U.V. on the southwest corner of 45th St. and Broadway. P.O. Rhatigan enlisted the help of two rookie female officers patrolling the area, called for assistance, and started moving back the crowd of people walking through the heart of New York City's theater district. The two female officers reported seeing a man running from the scene.

New York City firefighters and the police bomb squad rushed to the scene.

According to police, inside the running vehicle were three propane gas tanks, two red 5-gallon plastic jugs of gasoline, a clock, electrical components and a canister of gunpowder. Authorities surmise that the bomb, while potentially deadly, was more likely to combust and cause a fire than to explode. 

At an early morning press conference - at around 1:00 AM - New York City Mayor Bloomberg acknowledged how lucky New York had been and said, "Thanks to alert New Yorkers and professional police officers we avoided what could have been a very deadly event."

Authorities are studying surveillance video of the area.

Seven Broadway shows closed down, including "Billy Elliot" and "The Lion King," which is located directly behind the would-be car bomb. Manhattan area traffic was shut down from 44th to 49th Streets between Sixth and Eighth Avenues.

Police said that the Nissan Pathfinder appeared to be stolen and had Connecticut license plates belonging to another car. No injuries have been reported.

The White House said President Obama had been briefed on the episode and had pledged federal assistance in the investigation.

A federal official said that domestic security officials had been informed that the event did not appear to be a terrorist threat. The official referred all requests for additional information to New York City police.

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SOFT TISSUE NECK INJURY AFTER AN ACCIDENT-MUST YOU SHOW A "SERIOUS INJURY"?

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn Injury Lawyer)

Soft tissue neck injury is a serious personal injury caused by back to front jerking and twisting movement of the head by the sudden acceleration or deceleration of a motor vehicle after the impact force of an accident.

Pain may occur in the neck muscles or ligaments; sometimes stretching causes a muscle cramp or spasm. Whiplash symptoms such as neck stiffness, neck and shoulder pain, headaches, pain in the shoulder blades, pain in the neck and back pain, numbness in the back, back pain, irritability, ringing in the ears, fatigue, insomnia, visual disturbances, impaired concentration, and dizziness may occur. There may also be symptoms of nerve damage, with burning or numbness in radiating into the shoulders, arms or hands.

Soft tissue injury is sometimes known as "whiplash injury." It can be very painful, and the accident victim can suffer long-term pain or even be immobilized. The accident victim can seek personal injury or compensatory damages for soft tissue injury, but it may not be easy to recover a money award.

Insurance carriers tend to be suspicious of people seeking compensation for soft tissue injury after an accident. Lawsuits can be hard to win, as New York State law requires that a person seeking money damages for injury in a car accident prove a "serious injury." The term "serious injury" has a very specific legal meaning. For more information, I refer you to my FREE book, WARNING! THINGS THAT CAN DESTROY YOUR CAR ACCIDENT CASE (And the Insurance Companies Already Know These Things).

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