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

The U.S. Consumer Product Safety Commission (CPSC) wants parents of trick-or-treaters to know that there is nothing scary about preventing Halloween-related injuries. By taking a few simple safety precautions when selecting costumes and Halloween decorations, consumers can prevent burn, fall and laceration injuries.

Parents who make their kids' costumes can send off their little ghosts, goblins and superheroes safely by using inherently flame-resistant fabrics, such as polyester and nylon. These materials will resist burning if exposed to an open flame. When purchasing a costume, look for "Flame Resistant" on the product's tag or packaging

Lighting the night also is made safer when children have no access to open flames. Flameless candles, light sticks and flashlights provide a safe lighting alternative in jack-o'-lanterns and areas where children will have access.

"Uncovering Halloween's hidden dangers is simple with CPSC's safety steps," said CPSC Chairman Inez Tenenbaum. "Thoughtful costume selection, care with candles and careful placement of decorations and lighting will help ensure your Halloween is safe and enjoyable."

In addition to providing safety tips, the CPSC works to keep children and families safe during the holiday celebration by enforcing the Flammable Fabrics Act and recalling hazardous costumes and products at Halloween and throughout the year.

Make this year's holiday a safe one by following these safety tips on costumes, treats and decorations:

Costumes

When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves, large capes or billowing skirts.

Purchase or make costumes that are light colored, bright and clearly visible to motorists.

For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.

Children should carry flashlights to see and be seen.

To guard against trips and falls, costumes should fit well and not drag on the ground.

Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.

Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing their vision.

If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.

Swords, knives and similar costume accessories should be made of soft, flexible material.

Treats

Warn children not to eat any treats before an adult has examined them carefully for evidence of tampering.

Carefully examine any toys or novelty items received by trick-or-treaters younger than three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations

Keep candles and jack-o'-lanterns away from landings and doorsteps where costumes could brush against the flame.

Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.

Indoors, keep candles and jack-o'-lanterns away from curtains, decorations and other items that could ignite. Do not leave burning candles unattended.

Indoors or outside, use only decorative light strands that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

Don't overload extension cords.

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

IN A QUEENS GROCERY STORE

An elderly motorist plowed her Mercedes-Benz into a Queens grocery yesterday, mowing down a customer and giving everyone else in the store the scare of their lives.

"It was like a gust of air went past my face," said Barbara Vanagas, a cashier at Mazur's Kosher Market on Horace Harding Boulevard in Little Neck.

"We heard a crash and I turned around," said Vanagas, who watched in horror as the Mercedes E350 knocked down a 54-year-old woman at Vanagas' register at about 3:45 p.m.

Rescuers lifted the car off the victim, and took her to North Shore-Long Island Jewish Hospital in Manhasset, where she was listed in critical but stable condition, police said.

The driver, said to be in her 80s, was also taken to North Shore for observation, said police. She was not charged.

IN A QUEENS STREET

A 3-year-old girl was fighting for her life last night after she, her mother and brother, were struck by a car as they crossed a Queens street.

He said the little girl was put on a respirator.

Another witness, Venkada Seshu, said, "It was painful to see how the mother cried. I was just praying that the girl be safe."

Nilay's mother and 5-year-old brother, Arman, suffered less serious injuries and were treated at Jamaica Hospital

The Jaguar driver, whose name was withheld, was not charged.

"God help me! God help me!" Nussat Anjum Zaman, 26, cried out as she cradled daughter Nilay's head after the accident on 101st Avenue in Woodhaven, said witness José Torres.

"The other child was just lying there crying."

Nilay suffered head and chest trauma and was rushed to Jamaica Hospital in critical condition.

She was later transferred to New York Hospital, said her uncle, Arifuz Zaman.

"If you push her with a finger, she will fall," he said. "Imagine her getting hit by a car."

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

By following simple safety rules, you could help.

Thousands of children are hurt or killed each year by unwary drivers backing over an unseen
child. In New York and throughout the United States, 50 children are backed over by a vehicle each week.

A majority of the time, SUV's, van or trucks are involved in these accidents. Children are easily hidden from view by these large vehicles. Unfortunately, in more than 70% of the cases, a parent or relative is behind the wheel. The most common age range for children involved in backover incidents is between 12 and 23 months. It is during this age range that toddlers begin independent mobility and will follow an unaware parent or relative out of a house and into the driveway.

Backover incidents occur most frequently in residential driveways, but can occur anywhere, including the parking lots of grocery stores or retail stores.

Diligence by drivers can often avoid the tragic results of a backover accident. Since children in
the at-risk age have very little understanding of personal safety, it is up to adults to take
precautions in order to minimize the risk of inadvertently backing over a child. Here are some
helpful safety tips to keep children safe in driveways:

*Know where your kids are. Make children move away from the car until they are in full,
unobstructed view.

*Prior to moving the car, walk around and behind the vehicle.

*Steep driveways add to the difficulty of seeing behind a vehicle.

*Keep toys off of the driveway.

*Keep your vehicle locked at all times and always set your parking brake.

*Keys and/or remote openers should be kept out of children's reach

*When traveling with children, make sure all children have left the car when exiting.

*During busy times like holidays, leaving for vacation, getting kids to school, be careful with
children in and around cars.

*NEVER leave children alone in and around cars.

*Consider installing special equipment such as audible back up alerts, back up cameras orcross view mirrors.

These are just a few suggestions to help reduce the risk of injuring children in a backover
accident. Never assume that a child knows to stay away from a vehicle. Keeping a watchful eye at all times could help avoid a tragic accident involving a child.

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

Comment: Do you think we need more laws? Do we need to add more crimes to those our society always recognizes? How do you get a law rammed through the New York State Legislature -- just name it after cute dead children.

Hayley and Diego's Law, which went into effect last week, is named after two children who were struck and killed by a runaway van in Chinatown in January 2009.

Some genius politicians thought it would make for good sound bites and campaign rhetoric to criminalize behavior that is usually just a motor vehicle accident. Not that we don't already have laws to protect against drugged or drunk driving.

Let's briefly review. There are the usual DWI laws, linked to blood alcohol level so that the higher the blood alcohol level of the offender, the more serious the charge.

There is criminally negligent homicide, if need be.

There is the new Leandra's Law which took effect on December 18, 2009, and which makes drunk driving with a child in your car a felony. I think that this is a good law and I like it.

Leandra's Law also provides that any driver convicted of drunk driving will be ordered to install and maintain an ignition interlock device on his or her car or truck. This means that convicted drunk drivers will have to pay to install a gizmo that locks their ignition while they blow air into an attached tube. If they're sober, the car starts. For more details, see my December 30, 2009 blawg on this subject.

On Saturday, February 13, 2010, off-duty police officer Raphael Ospina was driving while drunk. His car clipped a garbage truck, jumped the curb, struck a tree and a garbage can, flipped over and smacked into the front of New York's famous Tiffany store on Fifth Avenue. Ospina, a N.Y.C. cop since 2004, was charged with DWI and vehicular assault and was suspended without pay. As demonstrated by my blawg, there was a drunk driving law to fit this situation.

Jacob Chubalashvili, age 17, took a friend's Mercedes without permission. He was speeding on the Grand Central Parkway service road ran a red light and hit an Acura, bouncing it into a pole. The Acura was crumbled and split in half. Killed instantly were two people in the Acura, a married couple in their fifties. Chubalashvili faced multiple charges, including second-degree manslaughter, driving without a license, speeding, and running a red light. More about this tragedy on my blawg:

http://blog.garyrosenberg-law.com/2008/08/stoned_teenage_driver_borrows.html

Careless drivers whose actions hurt or kill pedestrians and cyclists could now face prison time under a new law. Hayley Ng and Diego Martinez were returning from daycare when an idling van that was parked without its emergency brake engaged careened in reverse down a busy street.

The van's driver was never charged. The law carries a penalty of up to 15 days in jail for drivers who kill or hurt "vulnerable roadway users." The amended statute can be found at Section 1146 of the N.Y.S. Vehicle and Traffic Law.

But do we really want to criminalize behavior that may best described as "stupidity"?

According to the public interest group, Transportation Alternatives, "This legislation closes a loophole in New York's current law that allows a driver who has caused injury or death to avoid punishment. Under this amendment, drivers who act in a manner that endangers or would be likely to endanger a pedestrian or cyclist thereby causing physical injury or death shall be guilty of a traffic infraction." Since TA has a well-known bias anti-car and in favor of bicycle riders and pedestrians, its position is not surprising. But again I wonder, should we, as a matter of public policy, make criminals out of dumb or careless, but sober, drivers?

Do we really need to "fill the gap" between a traffic ticket and a charge of criminally negligent homicide, as suggested by one of the bill's sponsors, New York State Assemblyman Brian Kavanagh?

Sorry, Dear Readers, I'm not buying it.

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

Occurrences of medical malpractice continue to happen today despite advances in medicine and surgery techniques. Perhaps the complexity of surgical procedures and diagnoses is adding to the growing number of medical malpractice claims in New York City. Whatever the reason, you should not be required to needlessly suffer for the mistakes of a doctor you put your trust in. Whether you were victim of a misdiagnosis, ill-prescribed drug, or other form of medical negligence, you have a case that a Brooklyn personal injury and malpractice attorney can help you receive compensation for. Some kinds of medical mistakes that have been in the news include: more than 200 heart patients who died due to failure to read their heart tests by doctors at Harlem Hospital Center; an 86 year-old woman whose finger sliced off in one of her wheelchair's wheels while waiting for x-rays of her leg; a pretty blonde woman who had laser treatment meant to "even out" her skin tone and left her with red stripes on her face. Accident and malpractice lawyers deal in this kind of proceeding quite often in the Bronx, Brooklyn or Queens area, and you can utilize the services they offer in your case.

For reasons unknown, many people today simply ignore the wrongs and hurt that they were subjected to by medical doctors. Perhaps one of the reasons is that patients are often required to sign a waiver before undergoing surgery, which protects the rights of the surgeons should something go awry during the operation. This waiver, however, does not protect the hospital from medical malpractice and negligence that results in harm to the patient. These situations of injury should be taken seriously. Hiring and working closely with your Brooklyn personal injury and medical malpractice attorney is the best way to earn your much-deserved compensation.

Some people may also not seek the assistance of a medical malpractice attorney because they feel no one is free from the possibility of making a mistake. However, when that mistake results in your bodily harm, you need to take action to receive what you are entitled to. Patients in the Bronx, Queens and Brooklyn put their complete trust in medical practitioners to treat them with care and professionalism. Your injury attorney can help inform you of your many rights in accident cases like this where you have been hurt by medical malpractice.

Spend time working with multiple accident lawyers to find the right match for you. The office you work with should provide you with a free consultation and records of past successes in medical malpractice cases like yours. Confidence in your medical malpractice lawyer is important for your peace of mind and increasing your chances of winning the case. While working with a fine Brooklyn personal injury attorney will of course not be able to undo the medical injury done to you, it will help you move on with your life and continue toward a bright future. Contact an experienced medical malpractice attorneys for your free consultation.

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

FIRST:

A woman jogging along Manhattan's West Side Highway was jabbed by the handlebar of a passing bicyclist after the two collided in a crosswalk, according to authorities and witnesses.

The handlebar punctured the 54-year-old victim's arm in the noontime collision today near Laight Street in TriBeCa, said an FDNY spokesman.

"People were standing around trying to get the bicycle loose," said Julia Martin, 70, who was riding her bike when she came upon the accident.

The victim called 911 and responding firefighters were able to free the woman, said a source.

The jogger was taken to Bellevue Hospital, where she is listed in stable condition.

The cyclist was uninjured and not charged in the incident, the source added.

SECOND:

Two eagle-eyed medics helped catch a hit-and-run motorist who struck a bicyclist and parked car in Greenwich Village yesterday, sources said.

The New York City EMTs, Rodolfo Seddio and Frank Laino Jr., got the plate number from the car that fled the 9 a.m. crash on Hudson Street, near West 12th Street -- and called cops, who arrested the driver when they spotted the vehicle later on the Lower East Side.

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

BICYCLIST INJURED BY TRUCK

On Friday, October 8, 2010, a tractor trailer slammed into a bicyclist in Brooklyn.

The 21-year-old woman was riding peddling westbound on Johnson Avenue at 9:40 a.m. when she was struck by the trailer, which was making a right turn onto Varick Avenue in the Williamsburg section of Brooklyn.

The victim was rushed to Bellevue Hospital, where she was listed in critical condition. The accident victim's name was not released.

Police did not charge the driver, described as a 35-year-old man.

CAR JUMPS SIDEWALK; NO ONE HURT

On Friday, October 8, 2010 the driver of a gray Infiniti lost control, cut off a black Lincoln town car, and smashed into some scaffolding near the Essex House and Hampshire House hotels by Manhattan's Central Park South. The accident took place at around 10:00 P.M.

Both drivers refused medical attention and no summonses were issued, police said.

HIT AND RUN CAR KILLS PEDESTRIAN IN BROOKLYN

25-year-old Manuel Tzajguachiac had come to Brooklyn about six months ago to raise cash from various jobs he was doing to send back to his wife and family in Guatemala. He was struck and killed around 12:30 a.m. Sunday, October 10, 2010 at the intersection of 65th Street and 20th Avenue in Bensonhurst by a dark-colored SUV that fled the scene.

The driver fled the scene.

Police found the vehicle hours later, and took the owner in for questioning. He was not charged with any crime, and was let go.

The victim was pronounced dead at Lutheran Hospital.

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

Thursday evening, October 7, 2010, a 4-year-old boy was killed and his mother hospitalized after they were hit by a city bus in Brooklyn this afternoon, police said.

Little Evan Svirsky's 45-year-old mother was seconds too late in her desperate bid to stop her son from darting into the intersection of Falmouth Street and Oriental Boulevard, in Brooklyn's Manhattan Beach, according to cops.

Svirsky, hit by a B49 bus, was pronounced dead at Coney Island Hospital shortly after the accident, police said.

His mother, struck by the bus' sideview mirror as she ran after her som, is listed in stable condition at Lutheran Medical Center, where she is recovering from head trauma.

The woman's other son, age 6, escaped unscathed from the horrific accident that claimed his brother's life, sources said.

"All the traffic goes by so fast here, its horrible," said a resident, who would only give her first name, Rosemary. "It's a 30mph zone but nobody does 30, it's so scary."

No criminality is suspected and the investigation is ongoing

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

Thursday, October 7, 2010, a squatter plunged out an eighth floor window and landed on a construction shed this morning while desperately trying to flee police on Staten Island, police and witnesses said.

Akea Royal, 19, was rushed to Richmond University Medical Center and suffered a broken leg, broken pelvis and broken ribs, cops said.

The hapless teen tried to slide down a TV cable dangling on the side of the Stapleton Houses at around 10 a.m. when cops barged into apartment 8E after receiving numerous complaints from tenants about squatters, cops said.

One of her pals managed to shimmy down the cable and escape but she was not as successful. She slipped and landed on scaffolding on the second floor, cops said.

Vonta Santiago, 20, who was still stuck inside the apartment, was arrested and charged with trespassing, cops said.

"They were trespassing and NYCHA was called," said resident Kareen Henderson. " I see the woman lying on the scaffolding and the police were looking up at her trying to figure how to get her off."

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

It is autumn, and before the first snows fall, many Americans are likely to travel abroad. The U.S. State Department alerts U.S. citizens to the potential for terrorist attacks in Europe. Current information suggests that al-Qa'ida and affiliated organizations continue to plan terrorist attacks. European governments have taken action to guard against a terrorist attack and some have spoken publicly about the heightened threat conditions.

Now this "alert" tells American travelers next-to-nothing. If we read into the official State Department press release, we see no specifics. For example, "Terrorists may elect to use a variety of means and weapons and target both official and private interests." is useless information.

The report goes on to set down additional generalities and to remind U.S. citizens to beware and to adopt appropriate safety measures to protect themselves when traveling.

Comment: This sure sounds like the authorities who are tasked with protecting us, don't know what's going on - or they just can't say. Either way, they're of little help. Bu the experts agree that we shouldn't panic.

U.S. citizens should register their travel plans with the Consular Section of the U.S. Embassy through the State Department's travel registration website. Travelers may obtain up-to-date information on security conditions by calling 1-888-407-4747 toll-free in the U.S. and Canada, or on a regular toll line at 1-202-501-4444 from elsewhere in the world.

In light of this alert, the Christian Science Monitor has concocted a list of safety steps for Americans abroad.

#1 - Don't look American.Probably best if Americans keep a low profile in Europe right now.
For example, Americans walk about in sneakers; Europeans wear shoes. Americans wear baseball caps emblazoned with the name of their favorite team; if you need to wear a hat, think about a European soccer team. And, it's probably not a good idea to wear one of those T-shirts that tell the world you are some kind party animal.

For example, students from the College of Wooster in Ohio who are studying abroad have been cautioned to avoid taking public transportation during high traffic periods when the metros and buses are crowded, says Kim Tunnicliff, director off-campus studies in the Center for Diversity and Global Engagement.

Knowing the location of the nearest embassy or consulate might come in handy if you lose your passport. However, embassies are among the likely targets as well as government buildings, transportation hubs, and some high profile commercial buildings. A prudent person would steer clear of embassies or consulates.

When booking a hotel, you might want to avoid someplace with a high profile or one that has been attacked in the past.

If you are very concerned about safety, you might want to contract with an outside group, such as International SOS or Global Rescue - for-profit companies that specialize in international medical emergencies and security issues.

They are for the traveler who wants a more robust safety net..

The State Department encourages Americans traveling abroad to register their trips with the department. According to the State Department website, consular officials can assist Americans who encounter serious legal, financial, or medical difficulties. The embassies assist more than 200,000 people each year.

Registering, which is free, also allows the embassy to contact you in case of an emergency.

New York City is one of the most popular vacation destinations in the world. Forty-seven million visitors, including 37.5 million Americans and 9.5 million international visitors, made New York City their destination in 2008.

Throughout the year, visitors enjoy New York City attractions such as theater performances on Broadway, concerts, sports and events at Madison Square Garden, and musical artists and comedians at Radio City Music Hall, home of the famous Radio City Rockettes. Theater, music, dance and opera draw them to the Lincoln Center for the Performing Arts. They come to experience exhibits at world-renowned museums such as the Metropolitan Museum of Art, Guggenheim Museum and the American Museum of Natural History.

A trip to New York City would not be complete without visiting a few of the historical landmarks. The Statue of Liberty on Liberty Island and Ellis Island are popular landmarks for visitors. On a clear day or night, the spectacular 360-degree view of the city below from the observatory of the Empire State Building, New York's tallest building, is stunning. Made famous by the New Year's Eve ball drop, Times Square with its illuminated signs is often a sight visitors want to see in person.

Although New York City has many great parks, Central Park is the most visited park in the United States, with 25,000,000 visitors annually. Aside from the park's beauty, facilities and attractions, scheduled events within the park during the summer draw locals and visitors alike.

Visitors from around the world come to see the New York Yankees at Yankee Stadium in the Bronx and the New York Mets at Citi Field in Queens.

Tennis fans flock to the USTA Billie Jean King National Tennis Center in Queens, which offers programs, clinics, private lessons, leagues and tournaments year-round and in late summer hosts the US Open.

This is just a tiny sampling of the vast attractions New York City holds for visitors. No matter the activity, visitors to the City must have a regard for their own safety. Visitors are not exempt from crime or accidents simply because they are on vacation; they are perhaps more likely to experience these dangers because they are unfamiliar with their surroundings.

Avoid being a victim of crimes such as purse snatching, pick pocketing or mugging by staying in well lighted areas frequented by many people, traveling in groups, carrying a wallet in the front pants pocket, keeping purses or backpacks securely closed, not flashing a lot of cash or wearing expensive jewelry and being conscious of surroundings.

When planning a trip to the City, consider the security measures in place at hotels or events. Even the most vigilant person is sometimes the victim of a personal assault. In some instances, these crimes are the result of failed security or negligence of the property owner or event coordinator.

The best way for visitors to get around New York City is to do as the locals do, use public transportation such as the subway, trains, buses, ferries or taxis and licensed car services.

Many visitors take the Staten Island Ferry just for the fun of it. It is free and a great way to view the New York Harbor, Manhattan skyline and although it does not stop at Liberty Island, it travels close enough to get a perfect view of the Statue of Liberty.

When using a taxi, only use authentic yellow medallion cabs. New York City regulates the taxi industry for the safety of the passengers. Never use "gypsy" cabs, these are regular cars operating illegally without regulation and may carry no insurance. These are different from livery cabs, a car for hire such as a limousine, which are available only by arrangement over the phone.

When using trains or the subway, stand in the designated area on the platform, away from the moving train. Watch your step when boarding or debarking, and be careful to avoid any gaps between the car and the platform. Be sure any backpack, purse, bag, umbrella or other personal effects are clear of the closing door. If you drop something on the tracks, never attempt to retrieve it yourself and instead notify train or subway personnel.

Stand away from the curb when waiting for a transit bus and quickly step away when debarking. Again, be sure personal effects are clear of the closing door.

If your destination is not far away, walking is customary in New York City. Always use designated crosswalks and cross when signaled. Never enter the crosswalk unless you think you have time to make it completely across the street. Stand away from the curb. Never "jaywalk" or step out into the street from between parked cars. Never assume a car or bus sees you. Other vehicles, street signs, lights or other obstruction may prevent visibility. Watch your step and beware of dilapidated sidewalks that may cause you to trip and fall. Property owners in New York City are responsible for installing, repairing and maintaining sidewalks adjoining their properties. When walking, beware of heavy equipment or cranes in use or of construction sites where debris may fall to the sidewalk below.

Property owners or business operators, including hotels, attractions and the City of New York itself, must keep buildings and facilities in good repair to ensure the safety of the occupants or visitors. They must perform regular maintenance and inspections, including mechanical operations, such as elevators, and structural elements, such as balconies. They are also responsible for protecting the public from everyday hazards, such as wet or slippery floors, that can cause slip and falls.

When traveling to New York City or anywhere else, it is always wise to bring insurance cards, a list of current medications, a list of medical conditions and emergency contact information in case you do suffer an injury and need medical treatment.

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

On Sunday, October 3, 2010 a 13-year-old girl was killed when a teenager driving her and her brother home barreled into a Brooklyn house at high speed - after the speeding Honda Odyssey, struck he rear of a parked car and sideswiped a tree. Sarah Erdan and her brother Yosif, age 16, were in the vehicle at the time of the crash. Sarah, who was not wearing a seatbelt and was too old for a carseat, was pinned in the back seat of the car following the crash.

Sarah Erdan of Brooklyn was taken to Brooklyn's Kings County Hospital, where she died of major head injuries shortly after the horrific 1:45 p.m. crash in the Midwood neighborhood of Brooklyn.

Cops said the driver of the minivan, 16-year-old Eric Hakimisefat of Brooklyn, only had a state-issued junior driver's permit, which requires a parent or guardian to be with him when he drives. Such a permit also forbids the driver from having more than one passenger younger than 21 in the car.

Police estimated that the minivan was going at least 63 mph on E. 23rd St. - twice the speed limit on the one-way, single-lane strip - when Hakimisefat lost control just around the corner from Sarah's Quentin Road house.

"It was this huge, colossal crash," said one neighbor, who didn't want to give her name. "You couldn't fathom exactly what happened."

Sixteen year-old Eric Hakimisefat, the unlicensed Brooklyn teen, was arraigned today (Monday, October 4, 2010) in Brooklyn Criminal Court. Prosecutors say he will be treated as an adult at trial. Hakimisefat is charged with criminally negligent homicide, speeding and reckless driving.

Hakimisefat was also slapped with charges of operating a motor vehicle out of class because he only had a driver's permit and should have had a licensed adult with him while at the wheel of a 2001 Honda Odyssey, prosecutors said. Hakimisefat passed a Breathalyzer test, police said.

Erdan was buried today. Her brother and Hakimisefat were treated and released from Kings County Hospital.

The DA asked for $25,000 bail, but a judge set it at $10,000. He was later released after making bail.

Hakimisefat's next court date is Dec. 6, 2010.

Comment: Homicide charges are unlikely to stick in this tragic accident, especially given the absence of drug and/or alcohol involvement.

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

At least six people were killed on Saturday, October 2, 2010 when the driver of a church van with 13 adult passengers lost control and crashed in the northbound lanes of the New York State Thruway near Woodbury, New York, the authorities said.

Among the dead were the church's bishop, his wife and the church's pastor, officials said.

The crash occurred shortly before 3 p.m., at Mile Marker 50.9, between Exits 16 and 17, said New York State Trooper Jeffrey Salatel, in the agency's communications unit.

The circumstances of the crash were not immediately clear. Guy Hulbert, of the State Thruway Authority, said investigators were working to reconstruct the accident to determine its cause. Though initial reports indicated that a tractor-trailer might have hit the van, Mr. Hulbert said the crash was a single-vehicle accident.

Pasquale Prozzillo, the second assistant chief of the Woodbury Fire Department, who responded to the scene, said the van "blew out a rear tire" and careened out of control.

"The van rolled three to four times," he said. "Seven people got ejected."
He said the crash was one of the worst he had seen, in terms of injuries, adding that the eight survivors were seriously injured.

"It looked like a lot of impact was on the passenger side of the van, that whole roof collapsed down," Mr. Prozzillo said. "They had a lot of bags and things, scattered all over the thruway. There were purses and jackets and shoes."

The van was a 1997 Ford registered to a church group, according to a State Police major, Robert Meyers.

The van's occupants were members of the Joy Fellowship Church on East Gun Hill Road in the Bronx, a church member, Glenn Hyslop, said. The Pentecostal church, which has 50 to 60 members, was sending people to visit a sister church in Albany, Mr. Hyslop said, adding that the accident would be a "major loss" for the close congregation.

Initially, officials said four people had been killed. But the death toll rose within hours.

Among the passengers killed were the church's bishop, Simon White, his wife, Zelda White, and the church's pastor, Titus McGhie, according to Sergeant C. M. Wetz of the N.Y. State Police. He identified the other three people killed as Avril Murray, Evelyn Ferguson and Elaine Reid.

Eight passengers survived the accident: Bernard Lattibuediere, who was identified by the State Police as the van's driver, along with Veronica Frances, Miriam Edwards, Massie Gillespie, Nanda Richards, Judith Richards, Charlene Mandrie and Joan Davis.

A State Police sergeant, David Malone, said the death toll was still preliminary. He said that emergency responders took victims to two hospitals: Good Samaritan Hospital in Suffern, New York, and Westchester Medical Center, in Valhalla, New York.

The crash occurred along a stretch of Interstate 87 a little more than 40 miles north of New York City, and a few miles north of the Woodbury Common shopping mall. It snarled traffic on a sunny day in an area popular for day-trippers because of its proximity to Harriman State Park, the United States Military Academy at West Point and Bear Mountain.

The New York State Thruway Authority Web site said all northbound lanes on the highway had been blocked; they were reopened by 10 p.m. on Saturday, The Associated Press reported.

And later:

Members of a Bronx church held a prayer vigil Monday night to remember their pastor and five fellow members who were killed in a crash.

About 200 gathered in Baychester to honor the lives of Simon White, the pastor of Joy Fellowship Christian Assembly, his wife Zelda and four others who were killed when their church van crashed on the New York State Thruway Saturday, as they were on their way to a church banquet in Schenectady, N.Y.

A rear tire of the van blew out, the driver lost control, and the van rolled over several times, just north of the Woodbury Common shopping outlets.

Clergy members reminded congregants to have faith in God during this difficult time.