Bodily Injury

December 28, 2020

High Rates of Covid-19 in Construction Industry, Study Suggests

by Law Offices of Thomas L. Gallivan, PLLC

Only correction facility employees had higher Covid-19 positivity rates than construction workers, according to the study.

A new analysis by Construction Dive details research showing “that construction workers had the highest positivity rates for asymptomatic cases of any occupation, including healthcare staff, first responders, correctional personnel, elderly care workers, grocery store workers and food service employees.”

The research was completed by Curative, a “testing firm”, in Los Angeles from August to October, according to the report, and consisted of giving people who tested positive for Covid-19 a questionnaire that inquired about their profession. It ultimately showed that construction workers “had a positivity rate of 5.7% for individuals who were asymptomatic, and 10.1% for those with symptoms, according to the study.” Continue reading

December 20, 2020

Boy Scouts Receive Nearly 90,000 Sex Abuse Claims

by Law Offices of Thomas L. Gallivan, PLLC

Almost 90,000 sexual abuse claims were filed against the Boy Scouts of America in advance of a filing deadline last month. The claims, made in connection with the organizations bankruptcy proceedings, will be vetted, with an undetermined number to be settled from a compensation fund established during the bankruptcy process. Although that deadline has passed, claimants in New York can still file sexual abuse claims against local Boy Scouts of America councils, due to state law extending the period in which survivors of sexual abuse can file lawsuits. Continue reading

December 16, 2020

AFL-CIO Report Examines Sorry State of Workplace Safety

by Law Offices of Thomas L. Gallivan, PLLC

The labor union AFL-CIO recently released its 29th annual “Death on the Job: The Toll of Neglect” report. Among other things, the study examines state and national trends in workplace deaths, injuries, and illnesses; safety inspections; penalties and other sanctions issued against workplaces under the Occupational Health and Safety Act; and staffing issues. It also includes information about the Covid-19 pandemic’s effect on workplaces. Continue reading

December 7, 2020

New Study Examines Covid-19 Exposure Risk In Cars

by Law Offices of Thomas L. Gallivan, PLLC

A new study out of Brown University investigates the risks of Covid-19 aerosol transmission in a car. According to Science Daily, the study, published in the journal Science Advances, found that the risk was lowest when all four windows were open. The researchers did not look at the airflow of respiratory droplets or the risk of infection, only the flow of aerosol particles through a moving car.

The researchers simulated airflow within a compact car using simulated models, in which the car’s driver was accompanied by a single passenger sitting in the rear passenger seat. One of the study’s lead authors told Science Daily that they found opening windows was a much better means of circulating air than turning on the vehicle’s own ventilation system. “Driving around with the windows up and the air conditioning or heat on is definitely the worst scenario, according to our computer simulations,” he said. “The best scenario we found was having all four windows open, but even having one or two open was far better than having them all closed.” Continue reading

November 23, 2020

Covid-19 Outbreaks in the Construction Industry

by Law Offices of Thomas L. Gallivan, PLLC

Last week Construction Dive, a publication focused on the construction industry, rounded up a number of construction sites across the country that have experienced Covid-19 outbreaks since the pandemic began. As Construction Dive notes, there is no national body tracking outbreaks by industry, but local news sources have kept an eye on their communities, including construction workplaces.

In April, according to Construction Dive, there were at least two Covid-19 clusters centered in a construction site at Donnelly College in Kansas City, Kansas. The clusters affected seven workers, and the construction site “was shut down for disinfecting after each outbreak.” Continue reading

October 12, 2020

Work Zone Fatalities Up During Pandemic

by Law Offices of Thomas L. Gallivan, PLLC

Even as overall traffic levels fell over the course of the Covid-19 pandemic, the number of crashes and fatalities at work zones has risen, according to a recent report by the Pew Charitable Trusts. Workers patching potholes, striping roads, directing traffic or building highways are more at risk than ever,” it states, “as drivers zoom through work zones or are preoccupied chatting or texting on their phones.”

These trend in spite of a steep reduction in vehicle miles traveled: 40% in April 2020 (compared to April 2019) and 26% in May, per federal data. The report goes on to state that work zone crews continue to deal with reckless motorists even as traffic volume resumes. It cites a series of instances in Michigan, in which “vehicles struck three county employees in a state contractor” over the course of a single week, killing two of those victims. Pew stresses that motorists and passengers also suffer the consequences of reckless driving, noting that of the 672 fatal work zone crashes with 755 deaths in 2018, only 124 of those deaths were among the work zone crews. Of the 123,000 work zone crashes in 2018, it said, 45,000 people suffered injuries.

October 10, 2020

Uptick in Unsafe, Intoxicated Driving During Covid-19 Pandemic

by Law Offices of Thomas L. Gallivan, PLLC

Data released by the National Highway Traffic Safety Administration this month show an increase in unsafe driving by young men. The data specifically shows an uptick in reckless behavior by motorists in rural areas of the country, as well as increased use of drugs and alcohol, after the Covid-19 pandemic began. These trends are part of a broader spike in motorist fatalities, even as there were fewer cars on the road amidst lockdowns and other travel restrictions.

According to a recent analysis by Car and Driver, the NHTSA began studying the role of drugs and alcohol in motorist fatalities in the fall of 2019, testing blood drawn in morgues or emergency rooms for alcohol and various narcotics. Over the course of the pandemic, the NHTSA determined that “the number of people who died who tested positive for alcohol went from 21.3 percent before March 16 to 26.9” by mid-July. Cannabinoids rose 21.4% to 31.2%, and opioids 7.6% to 12.9%. The data reveals that 64.7 percent of fatally injured motorists tested positive “for at least one active drug compared to 50. percent before the public health emergency began.” Men were found to be more likely to test positive than women, according to Car and Driver, and there were higher rates of positivity during the week than on weekends.

March 22, 2020

School Zone Cameras Return to New York

by Law Offices of Thomas L. Gallivan, PLLC

School zone cameras have returned to New York City schools. After the program lapsed over the summer, the school camera program is now planning to expand its operations. Under the law just signed by Gov. Cuomo, the number of cameras in school zones will sharply increase from 140 to 750 schools across the city. In all, approximately 2,250 speed cameras will be installed in school zones across the five boroughs. The Department of Transportation says the program will roll-out over a three-year period. The Democratic Governor says school zones with the worst traffic accidents will be given priority.

The expanded program will largely operate under the same parameters – any driver going more than 10 m.p.h. over the speed limit will receive a $50 summons. The bill did stipulate two small changes to the program. First, the school zone cameras will now be “active” all day – from 6 a.m. to 10 p.m. Previously, the school zone cameras only operated from one hour before school starts to one hour after school ends. Second, signage must be posted alerting the driver of the school zone and warning the driver of the traffic cameras.

February 14, 2020

Physical Barriers Work Best to Prevent Bike Accidents

by Law Offices of Thomas L. Gallivan, PLLC

Physical barriers appear to provide the most safety benefits for bikers, according to a new study out of Australia. The study compared several stretches of bicycle lanes in Melbourne. The Australian researchers equipped bicyclists on each route with sonars and camera that could measure the distance and speed of each passing car. After gathering data over the course of a month, the academics analyzed the relationship between bike lane infrastructure and bike safety.

The results of the study showed that a physical barrier provided superior protection to bicyclists. On average, cars overtaking bicyclists left the shortest amount of distance between themselves in bicycle lanes marked solely by painted lines – a full 10 inches less than a bike lane with a physical barrier. Providing insightful analysis on the study, ArsTechnica interviewed the author of the study, Dr. Ben Beck, who said, “We know vehicles driving closely to cyclists increases how unsafe people feel when riding bikes and acts as a strong barrier to increasing cycling participation. Our results demonstrate that a single stripe of white paint does not provide a safe space for people who ride bikes.”

August 21, 2019

New York City Announces New Initiative to Reduce Pedestrian Accidents

by Law Offices of Thomas L. Gallivan, PLLC

The de Blasio administration continued implementing the Mayor’s “Vision Zero” program last week with a slew of initiatives meant to reduce the likelihood of pedestrian accidents in New York City. According to ABC 7 New York, the Mayor’s plan, which aims to reduce the number of pedestrian deaths to zero each year, has been fairly successful. The number of pedestrian accidents in the city is the lowest ever recorded, according to The New York Times. The city has seen its rate of pedestrian accidents decline each year of Vision Zero’s implementation, which initially focused on installing more bike lanes, reducing speed limits, and creating more pedestrian plazas.

Now that those policies have been fully implemented, Mayor de Blasio’s administration is moving forward with a different set of policy initiatives meant to lower the pedestrian accident rate even lower. According to ABC News, these new initiatives will include:

Congestion Pricing. New York became the first city in the United States to pass congestion pricing this year. Beginning in 2020, drivers entering Manhattan’s congested areas will be subjected to a hefty fee – which has not been disclosed but is expected to settle between $15 and $20. The Mayor expects congestion pricing to substantially reduce the congestion in the city and, consequently, reduce the number of car accidents. Judging by the success of congestion pricing in other cities across the world, the Mayor’s prediction appears likely to come true.