Wrongful Death

July 26, 2021

New NYC Bill Would Increase Penalties for E-Bike Hit-and-Runs

by Law Offices of Thomas L. Gallivan, PLLC

A new bill proposed by a New York State Senato would increase the penalties for e-bike hit-and-runs.

New York State Senator Liz Krueger, who represents the Upper East Side of Manhattan, has introduced a bill that would “make it a felony for electric-vehicle riders to crash into someone and leave the scene,” according to a report by Steetsblog. The bill joins another proposal by State Senator Brad Hoylman of the Upper West Side which would increase penalties for hit-and-run incidents that involve e-scooters; one chief difference between the two is that Krueger’s bill includes pedal-assist Citibikes.

July 19, 2021

NYC Construction Safety Report Details Job Site Fatalities

by Law Offices of Thomas L. Gallivan, PLLC

New York City’s Department of Buildings released its review of the 12 construction-related fatalities in 2019.

The New York City Department of Buildings recently released its Construction Safety Report for 2019-2020. The document notes that although construction incidents that involved injuries and fatalities decreased by 24% in 2019—”the first drop in nearly a decade”—there were nonetheless twelve deaths in construction-related incidents that year. “Even one death caused by unsafe work practices on a construction site is unacceptable,” the report states, “and the Department is committed to further driving down this number.” The Department carefully reviews every construction-related incident in New York City in order to hold responsible parties accountable and prevent future fatalities and injuries. Below are brief descriptions of the 12 tragic incidents in 2019, as described by the Department of Buildings.

July 13, 2021

NYC Construction Deaths Yield No-Tolerance Sweeps

by Law Offices of Thomas L. Gallivan, PLLC

New York City’s Department of Buildings has executed “zero-tolerance sweeps” of the city’s construction sites.

New York City building inspectors are implementing “zero-tolerance sweeps” in the city’s job sites, according to a recent report by Construction Dive. The sweeps are in response to “three worker deaths in recent weeks, two of which were the result of falls,” according to the report, and have resulted in 322 sites shut down due to hazardous conditions. Continue reading

June 21, 2021

Reports Describe Hit-and-Runs in New York City

by Law Offices of Thomas L. Gallivan, PLLC

A cyclist was recently killed in New York City in an accident near the Bronx River Parkway.

Recent news reports describe two hit-and-runs in New York City in the last few months, one of which killed a cyclist in the Bronx. According to StreetsBlog, the cyclist was on Southern Boulevard in Bronx Park when he was hit by the driver of a Mercedez Benz apparently attempting to overtake him “at an apparent high rate of speed” near the Bronx River Parkway on-ramp around 11:20pm last Friday. StreetsBlog reports that the driver struck the cyclist from behind, “sending him flying backwards, first into the windshield of the Benz, and then onto the pavement.” Continue reading

June 15, 2021

NYC Devotes $39 Million to End Car Crashes on McGuinness Boulevard

by Law Offices of Thomas L. Gallivan, PLLC

After years of deadly car crashes on Brooklyn’s McGuinness Boulevard, New York City has finally committed to redesigning the thoroughfare.

New York City Mayor Bill de Blasio has committed to carving out nearly $40 million from the city’s budget to redesign Brooklyn’s McGuinness Boulevard, site of eleven pedestrian deaths and three cyclist deaths since 1995. According to StreetsBlog, a single 1.25-mile stretch of McGuinness Boulevard, from the Pulaski Bridge to the Brooklyn-Queens Expressway, has been home to 1,548 car crashes since 2013, injuring “40 cyclists, 59 pedestrians, and 236 motorcyclists.” A deadly crash last month killed schoolteacher Matthew Jensen near the BQE’s entry ramp; the driver of the hit-and-run has not yet been found.

June 8, 2021

Rising SUV Ownership in NYC Threatens Pedestrians, Cyclists

by Law Offices of Thomas L. Gallivan, PLLC

Recent data indicates that SUV ownership in NYC increased 21% between 2016 and 2020.

A trove of data about SUV ownership in New York City, obtained by street safety advocacy group Transportation Alternatives, reveals that New York City residents “are buying SUVs at an increasingly high rate, and larger vehicles are contributing to more cyclist and pedestrian deaths” in the city.

June 7, 2021

Study Finds Speeding Epidemic In New York City

by Law Offices of Thomas L. Gallivan, PLLC

A recent observation of New York’s drivers found that 70% were speeding.

A recent study by street safety advocacy group Transportation Alternatives has uncovered an epidemic of speeding in New York City, finding that 70% of drivers observed were driving faster than the speed limit. “Speeding drivers are a leading cause of death and injury on New York City streets,” the study notes, but because city officials “do not have control over speed limits,” New Yorkers are left woefully unprotected from the raft of dangerous driving. One possible solution to the epidemic is a bill currently under consideration by the New York State Legislature, “Sammy’s Law,” which would give New York City the power to control its own speed limits.

May 25, 2021

New Bill Would Reduce Blood Alcohol Limit in New York

by Law Offices of Thomas L. Gallivan, PLLC

New York lawmakers are considering reducing the legal blood alcohol limit from .08 to .05.

The New York state legislature is currently considering a bill that would reduce the legal blood alcohol limit in the state from .08 to 0.05. If the bill becomes law, New York would be the second state in the nation to reduce the legal blood alcohol limit to .05, after Utah. According to a report by the New York Post, advocates for the legislation say it “would save countless lives.” According to Bronx News 12, the new law would also reduce the legal limit for Aggravated Driving While Impaired charges from .18 to .12.

The legal blood alcohol limit used to be .1 when state houses across the country began reducing it in response to “concerns about deadly drunk driving,” according to the Post. It’s been almost a decade since the National Transportation Safety Board recommended a limit of .05, with only Utah following the advice.

May 24, 2021

Why Are There So Few Car Crash Prosecutions in Long Island?

by Law Offices of Thomas L. Gallivan, PLLC

A new analysis found that only 15% of drivers involved are prosecuted in car crashes resulting in pedestrian or cyclist deaths in Long Island, New York.

A recent analysis by the publication Newsday found that in Long Island, “few drivers involved in crashes that kill pedestrians and bicyclists face criminal charges.” In an examination of car crashes that resulted in the deaths of involving pedestrians and cyclists in 2019 and 2020, Newsday found that there were 135 total pedestrian and cyclist fatalities, but only 20 prosecutions of the drivers involved, resulting in a prosecution rate of 15%. According to Newsday, that rate goes up to 30% when crashes involving “environmental conditions or pedestrian or bicyclist error” are excluded.”

May 17, 2021

Car Crash Deaths Rise in Staten Island

by Law Offices of Thomas L. Gallivan, PLLC

According to a recent report, Staten Island is on track for its third straight year of increasing traffic deaths.

A recent article in the Staten Island Advance analyzes the upsurge of traffic deaths that have occurred on Staten Island in 2021. According to the report, there have been eight road violence deaths in Staten Island since January 2021, “more than double the three traffic deaths the borough had seen by this time last year.” Continue reading