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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.


Pedestrian Injured by Falling Basket Designed to Protect Passersby From Falling Subway Debris

A metal basket struck a pedestrian Sunday, August 2, seriously injuring them and sending them to Jamaica Hospital for treatment. This type of basket is attached to the undersides of elevated subways throughout New York City and is designed to catch debris that often falls loose from the tracks.

According to the Metropolitan Transportation Authority (MTA), construction crews were working on the East New York J and Z line tracks at the time of the accident, around 11:45 a.m. The pedestrian, whose identity has not been released, was walking near the intersection of Fulton St. and Alabama Avenue when the basket fell on them, according to the Daily News.

The protective metal baskets were only installed last year after the MTA received numerous reports of debris falling on pedestrians. But as soon as last October, the MTA found that the baskets were not as trustworthy as they should have been and were not working as designed. The Daily News reported that there are 325,000 metal baskets installed for the 168 miles of elevated subway tracks in New York City.

Last October, the MTA issued a rapid inspection of all 325,000 baskets after a 15-piece hunk of metal fell from the tracks and crashed through a parked car. The inspection found over 2 million pieces of debris that could potentially fall and not be caught by the baskets, according to the Daily News. The MTA had planned to replace the metal baskets with safer, more reliable netting throughout the city, but the coronavirus pandemic put this plan on hold.

As the plan for netting replacements waits out a persistent pandemic, more instances of falling debris and even falling baskets are likely to occur. New Yorkers can potentially sue the MTA, or any government entity, if they are injured as a result of that entity’s negligence or failure to act responsibly. But there are generally many rules and deadlines to keep in mind if you plan to sue a government entity such as the MTA.

Filing a Notice of Claim

If you suffered an injury caused by the MTA, you must file a Notice of Claim within 90 days of the injury. Family members can also file a Notice of Claim for the wrongful death of another family member. The Notice of Claim is an official document that includes information such as:

  • The victim’s name and address, and the name and address of their attorney
  • The time and location of where the injury or accident occurred
  • The circumstances surrounding this claim
  • The type and degree of injuries sustained

After the government receives this claim, they will have 30 days to respond with a request for a hearing. During this hearing, the victim or their family will testify under oath to the circumstances of their injury. Then, the victim or their family can file a legal suit against the MTA (or other entity).

Contact a New York Accident Attorney

If you were injured by falling subway debris or injured on public transit due to someone else’s negligence, you may have a right to compensation. The attorneys at Hach & Rose, LLP can help you sort out the facts of your case and understand how much it might be worth. Our attorneys have spent years winning compensation for our clients after they sustained injuries and want to do the same for you. Call our office at (212) 779-0057 to schedule your free consultation.


Scooter Company Revel Suspends NYC Operations After Fatal Crashes

The ride-sharing scooter company Revel has temporarily suspended its services in New York City while the company reassesses safety protocols following two deadly accidents.

On July 28, the scooter service sent out the following message on Twitter:

New York riders – starting today, NYC service will be shut down until further notice. We’re reviewing and strengthening our rider accountability and safety measures and communicating with city officials, and we look forward to serving you again in the near future.

A local CBS broadcast journalist died after falling off a Revel moped on July 18. The victim, 26-year-old Nina Kapur, was riding on the back of the moped, which was being driven by an unidentified 26-year-old man at the time of the accident. Revel provides riders with two helmets each time they rent a moped, but neither Kapur nor the driver was wearing them. Kapur died at Bellevue Hospital on the same day. The driver only suffered minor injuries.

Just ten days after Kapur’s death, 32-year-old Jeremy Malave died after he crashed his Revel scooter into a light pole and suffered severe head trauma in Queens. Officials are unsure whether he was wearing a helmet at the time of the crash.

Some state officials, including New York City Mayor Bill de Blasio and U.S. Congressman Adriano Espaillat (D-N.Y.), called for Revel to suspend and reevaluate their practices, according to Fox News. On Twitter, Espaillat called for the scooters to be removed from city streets, suggesting that they presented a clear danger to motorists, riders, and pedestrians. Mayor de Blasio said that Revel agreed to suspend operations after meeting with him on July 28.

Before its suspension, Revel allowed anyone 21 and older to operate the scooter when they provide a valid driver’s license and pay a small fee. No one younger than 18 was allowed to ride on the moped. New York City requires riders to wear helmets within city limits, but many Revel riders were often spotted without the helmets provided with each scooter.

The suspension comes just weeks after Revel suspended 1,000 New York City riders for not cooperating with the company’s safety guidelines. Prior to the suspension, Revel told the New York Times that Kapur’s death was the first fatality the company had seen in over 3 million rides.

Call a New York City Personal Injury Lawyer

If you have been injured in an accident involving a Revel scooter, the attorneys at Hach & Rose, LLP want to help you win the compensation you deserve. Despite the challenges presented by the COVID-19 pandemic, the team at Hach & Rose, LLP is still poised and ready to fight for your rights and the compensation that you deserve.

If you or a loved one has suffered because of someone else’s reckless or negligent actions, please reach out to the New York personal injury attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 or make an appointment online to consult with a member of our legal team today.


Truck slams into Sunset Park outdoor dining area

Three people were injured and taken to the hospital after a pickup truck accidentally drove into the outdoor seating area set up by L’Wren restaurant in Sunset Park. Thankfully, initial reports indicate that none of them have sustained life-threatening injuries.

Many New Yorkers knew that this was a possibility as restaurants started reopening with outdoor seating that extends into the street. The city has issued “siting criteria” for these new kinds of temporary seating areas that require barrier elements and that the barriers be at least 8′ from crosswalks.

Fox 5 NY reported on this incident.


Reporter Dies in Electric Moped Crash in Brooklyn

Reporter dies in Revel Scooter Crash

Photo credit: The New York Times

A 26-year-old New York City television reporter died Saturday after the moped she was riding, along with a 26-year-old man, crashed in Brooklyn, throwing them into the street.

The victim was Nina Kapur, a reporter for CBS2 in New York, according to the New York Times. She was the passenger on an electric Revel moped, a popular Vespa-like vehicle that can be rented for short periods of time.

The accident occurred around 5:30 p.m. on the evening of Saturday, July 18, at the intersection of Franklin and India Streets in Brooklyn. According to officials, the operator of the moped had swerved and lost control of the vehicle for an unknown reason and the two passengers fell into the street. Officials have not confirmed whether either passenger was wearing a helmet at the time of the accident, though each Revel scooter provides two helmets for its riders.

Kapur was pronounced dead at Bellevue Hospital. The unidentified male 26-year-old driver suffered minor injuries.

Revel launched in Brooklyn in 2018, according to CNN. People who want to rent a moped pay a small fee and provide their driver’s license information before they can rent it. A spokesperson for Revel told the New York Times that Kapur’s death is the first fatality Revel has seen in over three million rides.

As people become more hesitant to use public transportation during the coronavirus pandemic, they are more often turning to rented transportation options such as Revel, Lime, and Bird. But this accident sheds light on safety issues that the company needs to address and rules (such as wearing the provided helmet) that need to be enforced. The Times reported that Revel sent an email to its New York City riders recently addressing the fact that they suspended over 1,000 riders in a month for bad behavior and rule-breaking.

Kapur’s death occurred on the same day that a 38-year-old man suffered a head injury after falling from his Revel scooter in Queens. The Times reported that he was in critical condition receiving treatment at Elmhurst Hospital.

It is not yet clear whether Kapur’s family will take legal action against Revel.

Contact a New York Injury Attorney

During these uncertain times, we at Hach & Rose, LLP want you to know that we are here for you. We empathize with our clients’ concerns about the COVID-19 pandemic and how it may interfere with their case timelines. But the pandemic has not interfered with the hard work we do for our clients each day, and we want to ensure you that it will not delay the justice you demand and deserve. If you or someone you love has been injured due to someone else’s negligence, reach out to the New York trial attorneys at Hach & Rose, LLP. Call us at (212) 779-0057 or reach out online to speak with a team member today.


Nursing Home Cameras Could Bring Peace of Mind During COVID-19 Pandemic

The coronavirus pandemic has hit residents of nursing homes especially hard for a number of reasons. First, because of elderly residents’ compromised health, they are at a higher risk of becoming seriously ill or dying due to complications of the virus. And second, nursing home staff has blocked families and friends from visiting their loved ones inside these facilities, in order to help protect them from exposure to the virus.

According to an article from the New York Times, some families want to install cameras inside nursing homes. For many, this would alleviate worries of abuse, neglect, or mistreatment perpetrated by nursing home staff against their loved ones.

Many families of people who are living in long-term care facilities have faced an uphill battle in achieving communication with their loved ones. Nursing homes, which are generally understaffed anyway, have recently been tasked with fending off the coronavirus. The New York Times reported that some families need to call the nursing home five or more times before a staff member even picks up the phone. This leaves families uncertain about the quality of care their elderly parent, sibling, or loved one is receiving.

About 12 states already passed legislation approving camera installation in nursing homes. States like Ohio, Connecticut, and Missouri are in the process of reviewing this type of legislation.

Proponents of in-room cameras argue that they can help prove or disprove allegations of abuse and neglect. At a more basic level, they would give families peace of mind knowing that they can check in on their loved ones at any time to see how they are doing and what the facility is like. Many states who have already approved nursing home cameras give residents the option to turn the camera off whenever they want privacy.

Opponents of the cameras argue that they violate the privacy of a resident’s roommate, who may not want the camera on at all. The president of the Connecticut Association of Health Care Facilities said that they cannot guarantee that a video stream from inside the nursing home will not be compromised by a hacker.

Contact a New York Nursing Home Abuse Attorney

If you are concerned that your loved one may have been abused or neglected while staying at a nursing home facility, please reach out to the nursing home abuse attorneys at Hach & Rose, LLP. Our team of compassionate, diligent attorneys has worked on a number of nursing home abuse cases throughout the years and has secured millions of dollars in compensation for our clients. We want to do the same for you.

The team at Hach & Rose, LLP understands our clients’ concerns about the coronavirus pandemic and how it might affect your case. We are still hard at work taking new cases while we work remotely, so you will not experience any delay in service. Please call us at (212) 779-0057 or contact us online to discuss your legal options.


Smithtown Gospel Tabernacle abuse victim comes forward

by Hillary Nappi

Since its enactment in February 2019, the Child Victims Act has produced an overwhelming response: hundreds of survivors of childhood sexual abuse have now come forward and are ready to have their voices heard. These survivors are of both genders, all races, live in all parts of New York state, and are of all socio-economic backgrounds. What they share is that they were sexually abused and assaulted as children, and at the time that the crimes occurred lacked the context for their abuse and the language and power to speak up for themselves.

These survivors, including our client, now have the opportunity to come forward and seek justice for the illegal, heinous, and immoral acts that were forced upon them. That is the case with the suit against the Smithtown Gospel Tabernacle and Camp Cherith in the Adirondacks. Our client finally reached a point in her life where she was able to speak up for herself and report the crimes that were committed against her.

As stated in her complaint, our client was only five years old when she was sexually abused and assaulted by Ron Braaten, a Youth Minister that was employed by the Smithtown Gospel Tabernacle. The first attacks occurred on property owned, operated, and controlled by Smithtown Gospel Tabernacle and were provided to Braaten for his exclusive use as a benefit of his employment. Braaten lived in the house with his family. Our client first met Braaten when she was in kindergarten, while assigned to the same class as his daughter. The girls became friends and would often play together in and out of school. However, playdates at the Braaten house were not normal. Braaten would make our client sit on his lap, as he rubbed her stomach over her clothes, which eventually morphed into Braaten sexually abusing our client.

Our client was fearful and uncomfortable every time she was around Braaten but as a Christian member of the Tabernacle, she was taught that Braaten was a “good man.” Braaten and his wife preached morality in the community, pushing the mission of the Smithtown Gospel Tabernacle, all the while masking his pedophilic tendencies. Morality is something that Braaten lacked and that is evident in the allegations filed in the complaint. After our client was sexually assaulted and abused, Smithtown Gospel Tabernacle continued to support Braaten’s missions in South America and he had continued access to other children. Our brave client came forward and reported her abuse, but Braaten remains outside of the United States.

As word of our Plaintiff’s lawsuit spread, our client has found more support in her community than she thought possible. If you or someone you know was abused by Ron Braaten, contact our law firm.

At Hach & Rose, LLP, we are committed to achieving the justice that our clients deserve. We will work thoroughly and passionately to represent those who felt they could not protect themselves. If you or a loved one has suffered from any form of sexual assault, it is crucial to act now. Do not hesitate to contact the New York sexual abuse lawyers at Hach & Rose, LLP today at (212) 779-0057 or online. Our compassionate, caring, and experienced attorneys will work diligently to uncover whether criminal charges, a civil lawsuit – or both – can be filed against the perpetrator or negligent third party who is responsible for the abuse and its damages to you.


Three Construction Workers Injured in Black River Roof Collapse

Three construction workers were injured Wednesday, June 24, when the roof of Black River Plumbing, Heating & Air Conditioning, Inc. collapsed on them.

One worker, 38-year-old Lee Trickey, suffered serious injuries after falling 40 feet off of the roof. Trickey was transported to Upstate University Hospital in Syracuse for treatment of his critical internal wounds.

Two other workers, John Turpin, 38, and Lucas Conklin, 29, were inside the building when the roof collapsed on them. They suffered only minor injuries. First responders took Turpin to Carthage Area Hospital and Conklin to Samaritan Medical Center.

Officials reported that high winds caused the roof trusses to fall, which caused the structure to collapse, too.

The Occupational Safety and Health Administration (OSHA) is investigating this accident.

According to OSHA, falls on construction sites are the number one cause of death in this field of work. In 2018, 320 construction workers died of an accidental fall at their construction site. OSHA states that the majority of these falls are preventable if construction crews plan ahead, provide the appropriate equipment, and train everyone to use that equipment.

Some of the most common injuries construction workers suffer after falling from a roof are:

  • Broken bones
  • Back injuries
  • Paralysis
  • Traumatic brain injuries
  • Spinal cord injuries

Getting in touch with a construction accident attorney can put you on track to winning compensation for your injury. An attorney can secure financial compensation to pay for medical bills, lost wages, and more.

Contact a New York Construction Accident Attorney

If you were injured in a construction site accident in New York, you are likely struggling with pain and facing lost wages, if you’re unable to work. You and your family are likely also battling mounting medical bills and the cost of daily living.

The construction accident attorneys at Hach & Rose, LLP have secured millions of dollars in settlements and verdicts for clients who have suffered injuries in construction accidents, work-related accidents, and more. In fact, our verdicts are amongst the highest reported in New York. We are ready to fight for you, too.

You should never have to struggle to stay afloat emotionally and financially when you’re harmed due to someone else’s negligence or carelessness. Our skilled attorneys will work hard to secure the full and fair compensation you deserve, so that you can focus on your recovery and spending time with your family.

Call us today to schedule a free consultation to discuss your legal options. Because of the COVID-19 pandemic, we have taken extra steps to protect all of our clients and employees. We now offer virtual consultations and are always available to answer your questions and calls. Please do not hesitate to call us today at (212) 779-0057.


Provision in New York’s Budget Shields Nursing Homes from Being Sued

The coronavirus has killed at least 5,403 nursing home residents in New York since the outbreak hit the U.S. Families of the deceased want to sue the nursing homes for being ill-prepared for the virus, but a hidden provision in New York State’s budget bars families from taking legal action against nursing homes.

According to the New York Times, nursing home industry lobbyists pushed Governor Cuomo’s aides to include specific language in the state’s sprawling budget bill. This measure protects healthcare facilities, like nursing homes, from getting sued due to deaths related to the coronavirus.

Officials Defend Measure

Cuomo’s aides told the New York Times that the goal of this measure is to shield healthcare workers from facing the complicated fallout of a legal battle while in the midst of a global pandemic.

Dani Lever, a spokesperson for Cuomo, said, “This legislation is not intended to shield any bad-acting facilities during this tragic time, but rather to ensure facilities could continue to function in the face of potential shortages and other evolving challenges the pandemic presented.”

New York is one of 15 states that introduced some form of protective legislation for healthcare providers during the pandemic. While the measure does not protect against criminal misconduct or gross negligence, it likely protects nursing home staff from complaints of staff shortages, protective equipment shortages, and overcrowding.

Nursing Homes Hit the Hardest

Part of the reason why nursing home industry representatives lobbied for the inclusion of this measure is because staff and nurses struggled to stop the virus from spreading immediately after the outbreak. Many nursing homes did not have access to testing kits, gowns, or masks.

But, undoubtedly, the virus has hit nursing homes the hardest. Nearly one-third of all coronavirus deaths in the United States have been nursing home residents. Family members are searching for ways to take legal action against the nursing home facilities that failed their parents, grandparents, and siblings. Some families had trouble even getting basic information from their loved one’s nursing home.

Nursing homes in the U.S. are notoriously understaffed and ill-maintained. The coronavirus pandemic has only highlighted these shortcomings. Usually, visiting relatives and state inspectors were the watchdogs of irresponsible, and sometimes even abusive, nursing home employees. But now the virus has made it impossible for families to visit, and even inspectors are in short supply. This lack of oversight spells death for many nursing home residents.

Contact a New York Nursing Home Abuse Lawyer

If your loved one was injured or killed by the coronavirus and the lack of care from their nursing home staff, the lawyers at Hach & Rose, LLP want to help. Our team is committed to finding solutions to your legal troubles and doing all the legwork so you can focus on healing. As New Yorkers ourselves, we take it personally when the elderly residents of our city are disproportionately affected by this global pandemic.

Contact us to schedule a no-obligation consultation to discuss your legal options. Because of the coronavirus pandemic, we have taken extra precautions to ensure the health and safety of our clients and staff. We offer online consultations and are always available to answer your calls. Reach out today at (212) 779-0057.


How New York Nursing Homes Are Being Affected by COVID-19

The COVID-19 pandemic has hit New York especially hard – and its elderly residents even harder. And a new discovery announced by New York City Comptroller Scott Stringer sheds light on just how badly nursing homes have failed their residents.

In New York City alone, not including the rest of New York State, 21,673 people have died from the coronavirus, according to the New York Times. And according to the NYT, 5,637 nursing home residents have contracted the disease, 5,403 of whom have died. Nursing home deaths account for one-fifth of coronavirus deaths in NYC.

The report from City Comptroller Stringer states that, on average, there is only one ombudsman for every 8,650 long-term care (nursing home) residents. That number should be one guardian for every 2,000 patients, according to national guidelines.

And according to Stringer’s report, there are more than 20,000 patients in 80 long-term care facilities across the city that do not have an assigned ombudsman. This includes all five boroughs: the Bronx, Queens, Brooklyn, Manhattan, and Staten Island.

Ombudsman Care Not Funded

The job of the ombudsman is to pay regular welfare checks to nursing homes, to check for neglect or abuse of the residents. But with so few social workers supplied for so many facilities, it is easy to see how neglect or mistreatment can go unnoticed.

A federal program exists to protect nursing home residents, especially during this time of global crisis. Stringer found that Mayor Bill de Blasio and Governor Cuomo invested very little money into this program. De Blasio didn’t invest a single dollar when prompted in 2017. Cuomo invested $600,000 for the entirety of New York City, which comes out to be about $7 per nursing home resident.

The low quality of care and lack of oversight in nursing homes has been a cause for concern for decades. But if your loved one lives in a nursing home and has suffered at the hands of their caretakers, they may be entitled to compensation for pain and suffering.

Contact a New York Nursing Home Abuse Lawyer

If you or a loved one has suffered since the onset of the coronavirus because of a lack of care and duty at a nursing home, the lawyers at Hach & Rose, LLP want to help. We sympathize with the elderly New Yorkers who have been disproportionately affected by this pandemic. The New York nursing home abuse lawyers at Hach & Rose, LLP represent nursing home residents and families across the state, so contact our office to schedule your no-obligation consultation today.

Contact us to schedule a free, no-obligation consultation to discuss your legal options. Due to the global COVID-19 pandemic, we have taken extra steps to protect the health and safety of our clients and staff. We offer online consultations and are always here to answer your questions and calls. Call us today at (212) 779-0057.


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