Wrongful Death

March 8, 2021

Motor Vehicle Accident Deaths Increased 24% from 2019-2020, Data Suggests

by Law Offices of Thomas L. Gallivan, PLLC

An additional 4.8 million people were injured in car accidents in 2020, according to the National Safety Council.

Data released by the National Safety Council found that 42,060 died in traffic violence in 2020, up 8.4% from the 38,800 motor vehicle accident deaths counted in the National Safety Council’s report for 2019. According to StreetsBlog, “because total annual mileage dropped about 13 percent during the nationwide quarantine, the one-year increase in the car crash fatality rate was the highest since 1924,” or 24%. As that article notes, this increase appears to be linked to the nationwide decrease in cars on the road in 2020, which had the side effect of enabling “the remaining drivers to race around recklessly on roads designed to prioritize speed above all else.”

The report goes on to note that certain states experienced traffic violence fatality increases that exceeded the national average. South Dakota experienced a 33% increase in traffic violence fatalities; Vermont experienced a 32% increase in traffic violence fatalities; Arkansas experienced a 26% increase in traffic violence fatalities; and Rhode Island experienced a 26% increase in traffic violence fatalities. As the co-founder of traffic violence fatality support group Families for Safe Streets told StreetsBlog, these figures represent “people: children, parents, grandparents, friends, co-workers. These are lives lost and life-changing injuries suffered in preventable crashes.” Continue reading

February 23, 2021

NYC Bill Would Transfer Car Crash Investigation from NYPD to DOT

by Law Offices of Thomas L. Gallivan, PLLC

NYC Council Speaker Corey Johnson supports a new bill giving the Department of Transportation authority to investigate car crashes.

A new bill in the New York City Council would remove the New York Police Department’s authority to investigate car crashes, vesting that power instead with the city’s Department of Transportation. According to StreetsBlog, the bill is supported by City Council Speaker Corey Johnson but opposed by Mayor Bill de Blasio.

In a statement to the publication, Johnson said that the Department of Transportation “could operate in a better way,” and that the transfer of power would professionalize the investigation of car crashes and traffic incidents. In a statement arguing against the bill, Mayor Bill de Blasio said in part: “I want to see stronger penalties for people who hurt or kill other people with their automobile. I still think we have farther to go on that front, particularly in state law. I want to see more stringent investigations that lead to consequences… my goal is to just do better with crash investigations, but I think NYPD and DOT both have a role to play.” Continue reading

February 15, 2021

New Research Finds Toxic Air in NYC Subways

by Law Offices of Thomas L. Gallivan, PLLC

The air in some New York City subway platforms contained “two to seven times” more hazardous particles than the air aboveground.

New research has found that the New York City subway system contains toxic air quality, according to a new report in City and State. The research, published by NYU’s Grossman School of Medicine, took measurements of the air quality in 71 subway stations across the city, as well as in Philadelphia, Washington, DC, and Boston, during the morning rush hour and the evening rush hour. It found that samples collected from ten Port Authority stations and three Metropolitan Transportation Authority stations “were found to contain two to seven times more ‘hazardous metals and organic particles’ than were detected in air samples collected outside,” City and State reports. Continue reading

February 1, 2021

Traffic Violence Affects Almost All New York City Residents, Research Shows

by Law Offices of Thomas L. Gallivan, PLLC

A new study by the transportation safety nonprofit organization Transportation Alternatives found that traffic violence is “a near-universal experience” for people living in New York City. According to the group’s research, 30% of New Yorkers have been injured in a traffic collision, while 70% of New Yorkers know someone who has either been injured or killed in a traffic collision.

Transportation Alternatives’ data shows that someone dies of traffic violence every 36 hours in New York City. The victims of traffic violence include pedestrians, drivers, motorcyclists, and cyclists. Transportation Alternatives attributes much of the risk of traffic-related fatalities to “unsafe streets,” “urban avenues built to encourage speeding,” and “lanes that are unprotected, disconnected, or entirely missing.” Continue reading

January 25, 2021

NYC Cyclist Fatalities Predominantly Low-Income, Analysis Shows

by Law Offices of Thomas L. Gallivan, PLLC

10 of 26 NYC cyclist deaths in 2020 took place on streets with a median income less than $45,000.

Many of the cyclists killed by motor vehicles in 2020 were low-income essential workers, according to a recent analysis by StreetsBlog. There were 243 victims of vehicle-related deaths last year, 26 of whom were cyclists. As StreetsBlog notes, 2020 was “the second deadliest [year] for traffic violence during Mayor de Blasio’s seven years in office.” The analysis argues that the mayor’s administration did not do enough to protect cyclists, many of whom died in “neighborhoods that have historically been neglected and underinvested in for street-safety improvements.” Continue reading

January 12, 2021

Record Year for Traffic Deaths in New York City

by Law Offices of Thomas L. Gallivan, PLLC

Reckless driving and speeding increased during the coronavirus pandemic, including in New York City.

2020 was the deadliest year for traffic crashes in New York City since Mayor Bill de Blasio introduced his Vision Zero plan in 2014, according to a recent report by the New York Times. There were at least 243 deaths in traffic crashes in the city last year, despite a downturn in actual traffic during the Covid-19 pandemic. As the Times report observes, this spike was at odds with historical trends, in which “Economic downturns and reduced congestion typically lead to fewer fatal crashes.”

During the pandemic, however, there was an increase in reckless driving, as motorists went over the speed limit on sparse turnpikes, drag-raced, and rode motorcycles. As such, there was a stark increase in driver, passenger, and motorcyclist deaths over the last year, from 68 in 2019 to 120 in 2020. Pedestrian fatalities fell, according to the Times, while bicyclist fatalities remained steady. Continue reading

January 11, 2021

Hospital Bedsore Risk Increases During Pandemic

by Law Offices of Thomas L. Gallivan, PLLC

Bedsores are complex injuries, requiring wound care specialists to implement a variety of approaches to caring for and preventing them.

Experts have expressed concerns that pressure injuries, also known as bedsores, have risen with the spike in hospitalizations during the Covid-19 pandemic. As such, according to a new report in USA Today, “hospitals are putting extra focus” on preventing bedsores, which more than 2.5 million people suffer from each year, according to a the National Pressure Injury Advisory Panel estimate, and which kill more than 60,000 people annually.

Pressure injuries involve “localized damage to the skin or underlying soft tissue,” the report states. They often occur over “a bony area or from a medical device,” when the area experiences either “intense” or sustained pressure, or both. A pressure injury may simply involve a light abrasion of the skin, or an open wound. Continue reading

December 29, 2020

Federal Data Shows Increase In Car Crashes, Injuries

by Law Offices of Thomas L. Gallivan, PLLC

Federal data shows increasing car crashes and crash-related injuries.

Newly released federal data indicates that in 2019, vehicular crashes and injuries rose while pedestrian and cyclist fatalities fell. StreetsBlog, a website covering transportation issues and pedestrian safety, suggests that this data reflects “that doctors are getting better at saving lives after collisions while our streets remain as dangerous as ever.”

According to data released by the National Highway Traffic Safety Administration, in 2019 there was a total of 36,096 deaths resulting from vehicle crashes, down from 36,835 in 2018. There were 630 fewer passenger vehicle occupant fatalities; 169 fewer pedestrian fatalities; 25 fewer pedalcyclist fatalities; 568 fewer alcohol-impaired driving fatalities; and 813 fewer urban fatalities. 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

November 25, 2020

How Is The Construction Industry Handling Covid-19?

by Law Offices of Thomas L. Gallivan, PLLC

A new analysis by Construction Dive asks whether the construction industry has fought the spread of Covid-19 as well as conventional wisdom would suggest.

As the article notes, a potpourri of academic research, public health data, and media reports indicate that the industry has not fared so well. There have been concerning outbreaks across the country, with construction workplaces having the third highest number of outbreaks in Washington and Michigan, and the second highest number of clusters in Nashville, Tennessee. Meanwhile academic research indicates that Texas construction workers are five times likelier to be hospitalized as a result of Covid-19 than workers in other sectors, and a CDC study found that construction sites had the second highest number of cases in Utah.