Wrongful Death

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.

November 24, 2020

OSHA Releases Covid-19 Citation Data

by Law Offices of Thomas L. Gallivan, PLLC

The Occupational Safety and Health Administration recently released a list of its most common Covid-19 citations in construction and other industries, in order “to help employers understand which OSHA standards have been cited most frequently during COVID-19 related inspections.” The document was based on data OSHA maintains regarding its citations and inspections, which it states it initiated after complaints, referrals, or fatalities in various industries, including: “hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.”

According to OSHA’s data, the most common citations dealt with respiratory protection. Workplaces were cited for failing to provide a medical evaluation before a worker used or was fit-tested for a respirator; omitting information in workers’ medical evaluations; failing to perform appropriate fit tests; failing to ensure fit tests whenever a different respirator face piece was use; and failing to administer a fit test using a standard protocol.

November 18, 2020

Do NYC’s Bike Lanes Do Enough To Protect Cyclists?

by Law Offices of Thomas L. Gallivan, PLLC

A deadly crash in Queens has sparked heated discussions about bicycle safety in New York City. As Gothamist reports, a 35-year-old delivery worker driving a motorized scooter, Alfredo Cabrera Liconia, “was killed by the driver of a Bud Light truck” last Thursday. Video of the incident shows Liconia’s Scooter “trapped under the wheels of the semi-truck, which appears to be making a right turn onto Crescent Street.” The collision occurred while the driver “appeared” to be turning right from Astoria Boulevard to Crescent Street, where trucks are not permitted unless they’re making deliveries. Gothamist reports that it was not clear whether Liconia was using the bike lane when struck.

One image of the truck reportedly captured it “crushing the flexible posts” separating the lane from vehicle lanes. These “flexi-posts” have been criticized by cycling accidents as too insubstantial to prevent vehicles from passing into protected bicycle lanes. A group of local lawmakers reportedly asked the city’s department of Transportation to replace the flexi-posts with “concrete jersey barriers” as a way of protecting cyclists from cars. Continue reading

November 12, 2020

How To Avoid Deer-Related Car Crashes in New York

by Law Offices of Thomas L. Gallivan, PLLC

Research conducted by State Farm Insurance indicates that the autumn months are when motorists are most at risk of crashes involving deer. Deer-vehicle accidents reach their peak in October, per a recent article by New York Upstate, though the risk persists until the end of January. As the article notes, the risk is so high in those months because they constitute both the mating season for deer, as well as a period of heightened activity as deer forage in advance of the winter months.

A 2018 analysis by State Farm estimates that the risk of hitting deer or other large mammals “doubles in the fall.” The risk of hitting deer is highest at the dawn and dusk hours, raising the need for drivers to be vigilant. State Farm advises drivers take a number of precautions, including: driving slowly, especially at dawn and dusk; wearing seatbelts; anticipating additional deer to follow any deer they see; using high beams, unless oncoming traffic are approaching; and avoiding distractions, such as phones or food. In the event that a driver encounters a deer, State Farm advises braking if possible, but not swerving, which “can result in a more severe crash.”