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Wrong-Way Collision Kills Three, Injures Two in Rochester

Three people died, and two were seriously injured in a wrong-way collision on Tuesday, Aug. 18, on eastbound Interstate 90 in Rochester. The New York State Police released the identities of those involved on Tuesday, according to My Twin Tiers.

Charles Bargerstock, 81, was the wrong-way driver who died at the scene. He had been reported missing from Ohio the day before the accident after he failed to show up at a doctor’s appointment and then never returned to his residence in Ohio. Himel A. Joy, 24, and Mojammal H. Rasel, 30, both from Astoria, also died in the accident.

NYSP reported that Bargerstock entered I-90 eastbound the wrong way at about 1:30 a.m. Tuesday morning. A semi-truck driver driving east spotted Bargerstock driving the wrong way and pulled over to avoid crashing into him. Right after the semi-truck pulled over, Bargerstock slammed head-on into the car driven by Rasel.

The car driven by Rasel also carried Joy and two other occupants, Moshin Ahmed, 23, and Kenedy Ape, 18, who were also Astoria residents. Ahmed and Ape were transported to Strong Memorial Hospital, where Ahmed remains in “guarded condition,” and Ape is in “satisfactory condition.”

The Stow Police Department issued a “be on the lookout” or BOLO the day before, for Bargerstock, when he did not appear for his scheduled appointment. Officials have not released any more details about the 81-year-old’s condition, such as if he had dementia or another mental condition. They also have not confirmed why Bargerstock would drive from Ohio to Rochester, New York.

All eastbound lanes of I-90 between exit 43 and exit 44 were closed while police investigated, but they have since reopened.

A New York Car Accident Attorney Can Help

Car accidents are devastating and can leave you feeling at a loss for what to do next. A skilled car accident injury lawyer will guide you through every step you need to take following your accident. The legal team at Hach & Rose, LLP will handle your case with the passion and rigor it deserves. In March 2020, alone, there were over 20,000 people involved in car accidents in New York City. Two of those people died, and another 1,408 were injured. If you were in a car accident, you deserve representation that will advocate relentlessly for your rights.

If you have been injured in a car accident that was caused by someone else’s mistake, you might be entitled to substantial monetary compensation. The car accident attorneys at Hach & Rose, LLP have won millions of dollars in compensation for our clients in the past and are prepared to do the same for you. If you were injured, please do not hesitate to reach out to the experienced legal team at (212) 779-0057 for a free consultation. Or, contact us online anytime. We’re ready to help.

Queens Driver Runs a Stop Sign, Kills Another Driver

A 21-year-old driver died in Queens last month after a car blew through a stop sign and T-boned him, according to the New York Daily News.

Video surveillance of the intersection clearly shows the offending driver speeding past the stop sign in a residential neighborhood around 1:30 a.m. before slamming into a passing car. The driver of the passing car, 21-year-old Satesh Permaul, died from severe head injuries after being rushed to Jamaica Hospital.

The accident occurred at the intersection of 107th Ave. and 109th Ave. in South Ozone Park, Queens. Police apprehended the driver who caused the accident and discovered that he was driving without a license. They also found that he and the driver who was killed knew each other from high school. The apprehended driver, Christopher Garcia, 20, was charged with aggravated unlicensed operation of a vehicle, according to the Daily News.

Speeding More Common During COVID-19

Because New York is currently struggling to combat the effects of COVID-19, the victim’s family could not visit him in the hospital following the accident. According to the Daily News, the staff at Jamaica Hospital informed them that they would need to wait until Monday for a call to invite them to come see the body.

Permaul was working as a mechanic fixing school buses in the New York area. He and his family emigrated from Guyana about ten years ago to build a life in New York.

Unfortunately, accidents such as these are becoming more common as the coronavirus empties New York streets, tempting drivers to speed and drive recklessly. Injuries incurred in a car accident could leave you unable to work for months, or even years. Some of the most common car accident injuries include:

  • Traumatic brain injuries
  • Internal bleeding
  • Broken bones
  • Herniated discs
  • Cuts and scrapes
  • Whiplash
  • Bruises
  • Post-traumatic stress disorder

Contact a New York Car Accident Attorney

If you have been injured in a car accident in New York and need legal representation, the car accident attorneys at Hach & Rose, LLP are ready to assist you. We have years of experience handling cases relating to drunk driving, reckless driving, speeding, and pedestrian accidents. Our lawyers have won millions of dollars in compensation for victims of these accidents and are ready to do the same for you. Please do not hesitate to reach out if you decide to take legal action to claim compensation.

Given the COVID-19 pandemic, we have taken steps to protect our clients and employees. We offer online consultations and are available to answer your messages and calls, so don’t hesitate to contact us. Call (212) 779-0057 today.

Higher Rate of Car Accidents in NYC Due to COVID-19

The streets of New York City are emptier since COVID-19 has forced hundreds of thousands of people to work from home or lose their jobs. But the rate of car accidents remains consistent, and is sometimes higher than usual. Between March 5 and March 16, speed cameras issued an average of 10,434 daily speeding violations, despite the city being on lockdown. This is compared to the period between Jan. 13 through Jan. 23, where the cameras detected an average of 11,309 violations per day.

This is because many drivers have started speeding since there is less traffic. Some drivers are using residential streets or highways as racetracks, but the New York Police Department cannot effectively respond to complaints about them because the coronavirus has depleted their numbers.

Speeding Culprit in Auto Accidents

According to an article from Streetsblog, New York Mayor de Blasio said, “We will be very tough on people who are speeding, for sure, and I’m going to certainly insist on continued enforcement on that front.”

Cameras around the city effectively track speeding drivers and issue violations, which could help curb the number of infractions. But some New Yorkers resent de Blasio’s use of speed cameras, claiming that residents cannot be expected to drive the speed limit while the world is in a panic, according to Streetsblog.

Speeding has been a major culprit in fatal car accidents in the city recently. According to Streetsblog, between March 2 and April 8, six motorists died in New York City. This is higher than the number of motorists who died in that same time period in four of the last five years. But the number of vehicle miles traveled has fallen 84%, meaning there are many fewer cars and motorcycles on the road. Fewer cars should mean fewer deaths, but when speeding is a factor, this is not the reality.

The injuries sustained in a car accident could be debilitating and keep you out of work for months or years. Some of the most common car accident injuries are:

  • Cuts and scrapes
  • Whiplash
  • Bruises
  • Traumatic brain injuries
  • Broken bones
  • Herniated discs
  • Internal bleeding
  • Post-traumatic stress disorder

And, sadly, the risk of having a fatal accident increases when speeding is a factor.

Contact a New York Car Accident Attorney

If you were injured in a car accident that was caused by someone else’s reckless driving or negligence, the legal team at Hach & Rose, LLP wants to help you. Our attorneys have years of experience handling cases such as these and are prepared to recover the compensation you need to pay for lost wages, medical bills, pain and suffering, and more.

Given the coronavirus pandemic, we have taken a proactive approach to protecting our clients and employees. We provide the same high-quality service that you have come to know. We offer online consultations and are here to answer your calls and messages, so don’t hesitate to contact us. Call (212) 779-0057.

New details released regarding NYPD’s “No Report” crash policy

The New York Police Department recently announced a new “no report” car crash policy, meaning that police officers will not respond to minor car accidents, according to an article from StreetsBlog. This policy is now being implemented city-wide after successfully testing it in Staten Island last March.

Though they had planned to eventually apply the policy city-wide, NYPD is rolling it out now due to the rapid spread of the COVID-19 coronavirus. The virus, which has already infected nearly 150,000 and killed over 6,000 New Yorkers, has put an unprecedented strain on New York City’s first responders and healthcare providers. The new NYPD policy aims to free up some police manpower to respond to COVID-19 related calls instead of minor traffic accidents. The NYPD is optimistic about the policy because, during the Staten Island pilot testing, response times were reduced by 9%.

The policy states that police officers will not respond to car accidents resulting in minor damage to the car or property damage, but they will be required to respond to accidents in which:

  • Someone sustained an injury or was killed
  • One party involved in the accident disputes the other party’s claims or version of the story
  • A witness or third party called 911 to report the accident
  • One party involved in the accident flees the scene
  • One or both cars needs to be towed
  • An animal is hit and injured or killed
  • A parked car was damaged and the owner cannot be located

If you are involved in a minor traffic accident, but none of the above situations applies to you, your 911 call will be diverted to a pre-recorded message. The message will describe the new policy and instruct you on how to proceed.

Whenever you are involved in a car accident, there are some basic steps you should take to protect yourself and obtain necessary information from the other party. You should always exchange drivers license and insurance information with the other party, as well as their car’s registration. Take photos of any damage to your car or injuries you sustained, if possible. Write down the other car’s license plate number and a description of the vehicle in case you need it later. If either car involved in the crash sustained damage worth over $1,000, you must file a Report of Motor Vehicle Accident (MV104) with the Department of Motor Vehicles (DMV) as soon as possible. This form can be found online or at a local police station.

Contact a New York car accident attorney

If you sustained an injury in a car crash, this new NYPD policy does not apply to you. Be sure to call the police and file a report immediately to record the nature of the accident and your injuries. If you were hurt in an accident in New York, the team at Hach & Rose, LLP are prepared to assist you. We have taken a proactive approach to protect our clients and employees alike, and we are able to provide the same high-quality service that you have come to expect. We can conduct consultations online, and are still here to answer your calls, emails, or messages, so reach out to us for assistance today.

Auto Insurance for Delivery Drivers

With the majority of the country on lockdown to slow the spread of the coronavirus, many Americans have lost their jobs and are looking for other ways to make an income. Because restaurants can only offer to-go options right now, food delivery services such as Favor and Uber Eats are booming. Many are taking on these jobs to make some extra cash, but might not know that they need to upgrade their insurance plan to accommodate commercial business if they are driving their own car.

Since food delivery is technically a business use of your vehicle, not personal use, insurance companies might require you to purchase a commercial auto insurance policy. The insurance company will charge more for this policy because they believe you are more likely to get into an accident as a delivery driver or taxi driver, probably because you will likely be on the road much more often than for personal use.

If you plan on taking a job as a food delivery person, you will need to notify your insurance company and ask about the possible consequences of not upgrading your policy. Sticking with your regular personal policy might come back to bite you later if you get into an accident during a delivery and file a claim.

However, some auto insurance companies have already made changes to their policies to accommodate these uncertain and sometimes confusing times. For example, Allstate automatically granted each of their policyholders special coverage for delivering items such as medicine, meal delivery, grocery delivery, etc., through the end of April. In that case, Allstate customers will not need to upgrade their policy to commercial status. Farmers Insurance has enacted a similar extension of their coverage through April 30th, as well.

According to an article by The Rideshare Guy, many food delivery companies like Uber Eats and Domino’s Pizza have their own insurance policies, so their hired drivers don’t need to buy their own commercial policies. However, certain companies’ insurance plans do not extend to drivers in the state of New York, and they will be responsible for purchasing their own commercial policies. Amazon Flex and Uber Eats specifically do not cover New York drivers. GrubHub, Instacart, and Walmart also do not provide company coverage for their drivers.

Contact a New York Car Accident Lawyer

If you got into a car accident while delivering food or using your car in a commercial capacity, you might need help navigating your insurance claim. The attorneys at Hach & Rose, LLP are ready to stand up for you and help you get the compensation you’re owed. Call our office at (212) 779-0057 to discuss your legal options today.

The dangers of driving while drowsy

According to a 2016 study by the AAA Foundation for Traffic Safety, car crashes caused by drowsy drivers are eight times higher than the previously accepted national estimate. AAA conducted the study by analyzing dashcam footage of 700 average American drivers. Drowsy driving tends to be an underreported cause of car accidents because it can be hard to document and to prove.

Jake Nelson, the director of Traffic Safety Advocacy and Research for AAA, said, “Missing just two to three hours of sleep can more than quadruple your risk for a crash, which is the equivalent of driving drunk.” A AAA Foundation survey found that nearly 29% of American drivers recently drove while they were almost too tired to keep their eyes open.

Being aware of the fact that you’re overly tired and can’t keep your eyes open is an important factor in keeping yourself and others safe on the road. If you notice that you keep drifting from your lane or can’t remember the last few miles you have driven, you should pull over and at least take a 20-minute nap. AAA experts say that short-term remedies for sleepiness, like chugging coffee or singing with the windows down, won’t outsmart your body’s need for sleep.

Still, AAA recommends that drivers always get the recommended 7-8 hours of sleep before getting in the driver’s seat, especially if they have a long trip ahead of them. To avoid driving while drowsy, drivers should try to drive during a time of the day that they’re usually alert and avoid eating heavy foods before the drive.

If you are prescribed a medication that makes you drowsy, talk to your doctor about the best times to take it, or ask if you can take it before bed. AAA also developed Roadwise Rx, which can help you determine whether your medication might affect your safety behind the wheel.

Contact a New York Drowsy Driving Accident Lawyer

If you were injured because of a drowsy driver, you might be entitled to compensation. The New York car accident lawyers of Hach & Rose, LLP will be ready to get you the fair compensation you deserve. Call us at (212) 779-0057 or reach out online to discuss your rights and legal options today.

Neck and back injuries commonly suffered in car accidents

The back and the neck are the two parts of the body that are most commonly injured in car accidents. Unfortunately, damage to these areas can result in severe trauma to the spinal cord, sometimes leaving the victim with long-lasting health problems. According to an article from Chirotrust, between 40-70% of whiplash victims continue experiencing symptoms of trauma even a decade after the accident.


When the head and the trunk of your body move forcefully in opposite directions, this sometimes results in whiplash. It is extremely common in rear-end car accidents when the body is unexpectedly jolted forward but the head snaps back. The neck, caught between these two oppositely moving parts, experiences extreme stress and is subject to injury. Additionally, when your head is jolted like this, your brain might collide with your skull, causing contusions or a TBI.

Lumbar sprains

When ligaments are torn from their attachments in the lower back, this results in lumbar sprains. Lumbar sprains and strains are the most common cause of chronic back pain because the lower back aids in moving, bending, stretching, and twisting, and often occur because of overuse. But when the lower back is impacted during a car accident, a lumbar sprain can occur instantaneously, according to the American Association of Neurological Surgeons. A doctor may prescribe pain medication and physical therapy to treat the sprain.

Herniated discs

Discs are like soft cushions between the bones that form the spinal cord. They act as shock absorbers for your back and are encased in a hardened outer layer called the annulus. When the inner disc pushes out of its hardened outside and into the spinal canal, this is considered a herniated disc. Herniated discs can cause severe pain because they press on spinal nerves and can be caused by a single severe strain on the back.

Contact a New York car accident lawyer

If you suffered neck or back injuries following a car accident, you might be entitled to compensation for the harm you’ve suffered. The attorneys at Hach & Rose, LLP are ready to stand up for you and help you get the justice you’re owed. Call our office at (212) 779-0057 to discuss your legal options today.

What constitutes reckless driving in New York?

According to New York State law, reckless driving is defined as using a motor vehicle in a manner which unreasonably interferes with the proper use of the public roadways or endangers other drivers. Reckless driving is a misdemeanor and carries a $300 fine and 30 days in jail time for a first offense. The penalties of driving recklessly with a commercial driver’s license are even more severe and may result in the license being revoked.

But what exactly counts as reckless driving? What should you do if you were hurt because of someone else’s reckless driving? This article will give you the basic information you need to know about this New York traffic violation.

The following is a list of actions that may constitute reckless driving:

  • Weaving in and out of lanes
  • Speeding far above the limit
  • Making a quick turn with no signal
  • Abruptly braking with no reasonable cause
  • Wrong-way driving down a one-way street
  • Failing to stop or yield when prompted
  • Distracted driving
  • Road rage
  • Racing other vehicles
  • Attempting to evade police vehicles
  • Driving without care for weather conditions
  • Driving on the shoulder
  • Making abrupt lane changes

If you are considering taking legal action because you were the victim of reckless driving, know that the state of New York has a statute of limitations of three years for injuries caused by car accidents. There are some variations to this rule, depending on when the accident happened and when your injury manifested, or if you end up filing a wrongful death suit. An attorney can clarify any questions you may have.

Contact a New York reckless driving lawyer

If you were injured because of someone’s reckless driving, you might be qualified to win compensation. Compensation could cover medical bills and other expenses associated with your injury. The legal team at Hach & Rose, LLP is ready to help you build and win your case. Call our office at (347) 318-9604 or reach out online to schedule your free consultation.

New York City’s 12 most dangerous spots for pedestrians and cyclists

A report by localize.city, a website that analyzes street safety to give buyers and renters the full picture before they move, found that at least a dozen areas across the five New York City boroughs are significantly more dangerous. Alarmingly, in these 12 areas, pedestrians and cyclists are three times more likely to face injury or death from getting struck by a vehicle.

On average, these intersections saw about 238 crashes in the past five years involving cyclists and pedestrians, compared to the city’s average of 75. The researchers found that intersections under bridges or elevated tracks were significantly more dangerous than other streets.

  1. The area around the bridge in the south side of Williamsburg
  2. The intersection of Myrtle Avenue and Wyckoff Street in Ridgewood
  3. The border between University Heights and Fordham around Jerome Avenue
  4. The area between Atlantic Avenue and Willoughby Street
  5. The area between Pacific and Fulton streets, from Bedford to Brooklyn avenues
  6. Lower East Side/Little Italy/Soho: concentrated around Delancey/Kenmare Street
  7. Corona: general boundaries between 35th and Roosevelt Avenues, from 94th to 108th streets
  8. Jackson Heights: general boundaries between 37th Avenue and Broadway, from 76th Street to 84th Street/Whitney Avenue
  9. Flushing: general boundaries between College Point Avenue and Parsons Boulevard, from 37th to Franklin avenues
  10. Jamaica: general boundaries between 89th to 90th avenues, from 164th Street to 168th Place
  11. St. George/Tompkinsville: general boundaries from Jersey to Bay streets, between Victory Boulevard to Fort Place/Taft Avenue
  12. Stapleton: general boundaries between Bay and Van Duzer streets, from Wright to Tompkins streets

The heavy concentration of vehicles on New York City’s streets combined with the low visibility in areas directly under or around bridges can spell disaster for people trying to cross the street, either by foot or by bicycle. Take extra precautions in these areas of the city and call an attorney if you have been injured.

Contact a New York personal injury attorney

If you have been injured as a pedestrian or cyclist in New York, Hach & Rose, LLP can help you get justice and fair compensation. Our team has years of experience handling these types of cases and wants to help you win the compensation you deserve. Call our office at (347) 318-9604 or reach out online to discuss your legal options today.

What you need to know about airbag injuries

Often, when thinking about potential car accidents, people think of the injuries that might be caused by the other driver. But what about the injuries that you could sustain from parts of your own car? Airbag injuries are extremely common during car accidents, even though they are supposed to keep drivers safe. This is because some airbags are defective and may malfunction once deployed, and end up doing more harm than good to the driver. 

Research published by the American Medical Association found that “individuals using airbags and seat belts sustained facial injuries at a rate of 1 in 449, compared with a rate of 1 in 40 for individuals who did not use seat belts or airbags.” This shocking statistic proves that while airbags can save lives, they can also cause significant injuries to drivers’ heads and necks. 

Common airbag injuries

Some commonly-reported airbag injuries include:

  • Scrapes and lacerations to the arms, chest, face, and neck
  • Eye injuries
  • Bruising of arms, knees, and organs
  • Asthma attacks, coughing and throat irritations
  • Burns on the hands, arms, and chest

Serious airbag injuries

Some more severe injuries could include:

  • Spine fractures and sprains 
  • Fractured skull, ribs, facial bones, and wrists
  • Traumatic brain injuries including concussion and brain contusion
  • Lesions on the liver, spleen, heart, and lungs
  • Hearing loss and other trauma to the ear

Who is liable?

The key to winning an airbag injury claim is proving that the airbag was defective or that it was designed in a way that made it unreasonably dangerous, and the manufacturer did not give drivers adequate warning. The odds of winning a personal injury case simply because you were injured because of a deployed airbag are slim. Fault on the part of the airbag manufacturer, automobile manufacturer, or an auto inspector must be proven to win compensation. Your personal injury lawyer can help you build a case. 

Contact a New York Airbag Injury Lawyer

If you have been injured by a defective airbag, please consider reaching out to our team at Hach & Rose, LLP for help. Our team of defective product attorneys has over 100 combined years of experience dealing with product defects (including airbag injuries), and we want to help you get the compensation you deserve. Call our office at (347) 318-9604 to discuss your legal options today.

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