New York Personal Injury Blog

Last week, a tragic accident left seven dead as the SUV they were traveling in fell from the Bronx River Parkway onto an isolated area of the Bronx Zoo. This was the deadliest New York City auto accident since March 2011 when a tour bus lost control and crashed, killing 14.

According the Police, the Bronx River Parkway accident occurred when the driver bumped a concrete barrier, then, with a tire damaged, swerved across three lanes and hit a 2-foot-high curb, launching the SUV over a 4-foot guardrail. Although Police state the driver was traveling above the posted speed, she may have been simply keeping up with traffic as speeding is common near this area of the parkway. Also, there is no evidence the driver was texting, talking on the phone or drinking, according to police.

Problems with the Bronx River Parkway

Unfortunately, this area of the Bronx River Parkway is no stranger to accidents - this is the second accident along the same stretch of road in the past year where a car fell off the parkway. In fact, three different sections of this parkway - including one near the location of the accident - are listed on New York's Transportation 5 Percent List, which is a list of roads "exhibiting the most severe highway needs."

On April 12, 2012, the police were called to the Bay View Houses in Brooklyn, New York. There was a report of a man removing decorative paving stones from the project. When the police arrived, they observed Mr. Robinson unearthing decorative paving stones. Mr. Robinson started to run to the building where his mother lived just a hundred yards away. Two police officers chased him on foot while a second set of officers in a police car raced in their vehicle to catch him. Despite ordering him to stop, he continued running. As he turned up the walkway, the car sped alongside and veered into his path. As a result, Mr. Robinson collided with the vehicle with sufficient force to dent the side of the car. Eyewitnesses report that the suspect flew up in the air and came down. He was taken away from the scene by ambulance and succumbed to his injuries on April 18, 2012.

This episode has raised questions about the decision of the police to use a car to outrun a suspect fleeing on foot in a narrow pedestrian walkway. Mr. Robinson's relatives are asking why such an aggressive maneuver had been taken in pursuit of a person suspected of such a minor crime. A spokesman for the New York Police Department said that the officers had brought their car to a stop in order to block Mr. Robinson's path to the building he was attempting to enter. However, two eyewitnesses claim that the police car was still moving and turned directly into Mr. Robinson and struck him. The NYPD's Patrol Guide instructs officers to drive in a "manner to avoid injury to person". A spokesman for the NYPD did not know whether there was a departmental policy instructing officers on the use of police cars to pursue suspects on foot. The New York Police Department's Internal Affairs Bureau has opened up an inquiry.

An expert on police pursuits said that there is nothing improper about using a police car to chase down someone who is on foot as long as the vehicle is not used recklessly or as a weapon. He further stated that if the police officer indeed turned the vehicle into the suspect that would certainly be considered force which was disproportionate to the offense.

The family is contemplating a wrongful death lawsuit against the City of New York and New York Police Department. The family's attorneys stated at a news conference that even if Mr. Robinson was stealing the stones, the penalty for stealing paving stones is not death.

The source for this blog post was a New York Times article published on April 26, 2010, titled "After Man's Death, Scrutiny for a Police Chase".

A 30-year-old worker was killed in a construction crane accident in Manhattan, during which a crane collapsed. Another worker was hospitalized for a leg injury, and three were treated for minor injuries, including shortness of breath.

The Metropolitan Transportation Authority was building an extension of the No. 7 subway line when the crane collapsed. The MTA has suspended construction while it inspects other cranes at sites throughout the city.

The 120-foot-long crane arm broke into two pieces. At least one worker was pinned under one of the pieces.

It is not clear whether the other injured workers were directly struck by the crane or whether the collapse caused other construction material to fall. Workers were about 60 feet below street level at the time of the accident.

The deceased worker, Michael Simermeyer of Burlington, New Jersey, was working for subcontractor J&E Industries.

The crane's operator was 56-year-old Lawrence Anderson, Simermeyer's uncle. The crane was owned by Yonkers Contracting Co.

Sadly, this is not the only crane collapse in Manhattan in recent memory. In March 2008, seven people were killed and more than 20 injured in a Midtown accident.

In May 2008, a collapse on the Upper East Side killed two people and injured a third. The crane's owner is on trial for manslaughter for the May accident.

The cause of this accident is being investigated by police and the Department of Buildings.

During a recent Occupy Wall Street protest march in New York City, 10 protesters were arrested for a variety of alleged infractions. The four-hour demonstration was labeled as a protest against police brutality in New York, with the arrests occurring as the protesters wound their way through the streets of Manhattan - from the birthplace of the Occupy Wall Street movement, Zuccotti Park, to Union Square Park.

Banners and signs carried by protesters included the phrases "end police brutality" and "Shame on NYPD," with one going as far to say "They never stop & frisk old white guys like me." According to police, many of the protesters were arrested on disorderly conduct allegations.

A 48-year-old man was pronounced dead at the scene Tuesday night after a head-on accident involving a motorcycle and a semi-truck. The accident occurred on Route 20 in Hamburg, New York.

The motorcyclist, who has been identified as Allan Wittmeyer, was headed westbound on Route 20 just south of Lakeview Avenue. He crossed the yellow line and collided with the eastbound semi-truck.

Police do not know why Wittmeyer crossed onto the wrong side of the road, and their investigation is ongoing.

Wittmeyer is remembered as an active member of the Hamburg community and a dedicated youth sports coach.

The truck caught fire following the crash and the cab "completely burned up," according to Lt. Michael Lavelle of the Hamburg police. Fortunately, the driver managed to escape through the passenger side door without injury. The truck driver's name has not been released.

Route 20 was closed overnight as hazmat crews cleaned up the scene. Police have not said what the truck driver was carrying that necessitated the cleanup. The cargo was bound for Canada.

This motorcycle accident is a tragic reminder of the danger that riders face on our roads every day. Though it seems that the motorcyclist was at fault in this case, many collisions are caused by inattentive drivers who don't notice motorcycles in adjacent lanes due to their small size.

Drunk drivers have been taking lives at the rate of 17,000 each year for decades. Those who survive are often left with serious, debilitating injuries. Such was the case recently when a woman who tested well over the limit hit a New York cabbie.

On a Thursday evening in late February taxi driver Sajad Matin was unloading baggage for a fare when a woman driving a Mazda SUV struck him at full speed. Mr. Matin's kneecaps were crushed, and he was unconscious when the rescue crew arrived.

Unfortunately, the cabbie's left leg was so badly injured doctors had no choice but to amputate. Mr. Matin remains in a coma two weeks after the crash. Drunk driving injury attorney Nussin Fogel reports that doctors are still unsure whether the right leg can be saved.

The driver of the Mazda remained at the scene, where police determined her blood alcohol level was .136, one and one-half times the legal limit. The woman was taken into custody and charged with felony assault and drunk driving. She has been released on a $15,000 bail bond. The woman admitted to having been drinking prior to the accident.

New York personal injury attorney Nussin Fogel reports that Mr. Matin immigrated many years ago to the U.S., and has been a cab driver for 15 years. He is the sole support to his wife and two children. Sadly, it seems unlikely that he will be able to return to his job. Needless to say, the accident has brought terrible pain and hardship to his family.

The director of New York Taxi Workers Alliance explained that cab drivers who are injured on the job are not eligible for state disability. Taxi drivers from all over New York City have been visiting the still-unconscious victim and offering support.

Drunk drivers cause hundreds of thousands of injuries each year. Despite significantly increased penalties, the problem does not seem likely to disappear anytime soon. Fortunately, victims like Mr. Matin are eligible for medical benefits and some of their lost income. In addition, these accident victims may have legal recourse for unpaid medical costs, pain, and suffering compensation and lost income.

A crane accident at the construction site of the new World Trade Center last month highlights the dangers construction workers face each day. While the damage turned out to be minimal, and a single worker received minor injuries, it could have been much worse.

New York construction site injury attorney Nussin Fogel reports that on February 16, a crane broke at World Trade Center Building 4, sending a 38,000 lb. load of steel beams plummeting 40 stories. The beams hit a flatbed truck. No one was present in the area where the beams fell, apparently, for the only reported injuries were to the crane operator.

The cause of the accident is still under investigation. The crane had a load capacity that should have been more than sufficient - 150 tons, nearly eight times the weight of the beams. There apparently has been some confusion regarding which department should conduct the investigation. The New York Bureau of Buildings normally does so in downtown accidents, but the World Trade Center is owned by the state and overseen by the Port Authority.

Regardless, this is not the only recent accident at this site of terrible tragedy. Last May, a passing youth was injured by a falling steel rod. That same month, a construction worker suffered a chest injury by when he was hit by construction equipment. In July, a worker received an injury to his leg from falling metal. Finally, in November, a worker fell twenty feet at building 3.

According to the New York City Department of Buildings, at this particular site, there were 157 construction-related accidents in 2010. While this number is down significantly from 2009, this is due mainly to the fact that fewer building permits were issued. Construction workers face injuries from falls from heights, falling objects including debris, material, tools and equipment, ladder and scaffolding collapses and chemicals - there is little wonder that their trade statistically results in the most accidents.

Two recent accidents illustrate the dangers pedestrians in New York City have to deal with on a daily basis. Within a single 24-hour period, two pedestrians were killed in separate New York City bus accidents.

In the first accident, a 22-year-old woman was fatally struck by a Q44 bus while crossing the intersection at Northern Boulevard and Union in Flushing - an intersection known to be extremely dangerous. The woman tragically died at the scene of the accident.

The driver of the bus - which wasn't in service at the time - apparently was completely unaware that they had hit the victim as they failed to stop following the accident, but was eventually tracked down by the police.

Nine pedestrians have been injured at this intersection from August 2010 to June 2011, according to the Department of Transportation. Records show the last deadly accident involving a pedestrian at this intersection occurred in 2008.

A New York family grieves the death of an 18-year-old family member who was shot inside his Bronx home by police on February 2. The tragic shooting has prompted some mourners to leave signs calling for an end to police brutality in New York on the sidewalk outside the home of the victim.

The fatal shooting occurred when police chased the teen into his home and shot him in his bathroom after mistakenly believing the teen had a gun - with his grandmother and 6-year-old brother standing nearby.

Police Commission Raymond Kelly has ordered a review of the training and tactics used by the street narcotics division - the police division involved in the shooting - in order to determine if their training and tactics are sufficient. However, training is only one aspect prompting outcry, as the family of the teen is also concerned with how they have been treated. For example, the grandmother of the teen, who was witness to the event, claims she was held by police for seven hours following the shooting. In addition, the mother of the teen claims she only discovered her son was killed after she over-heard police conversations after arriving at the precinct - no one told her directly.