Frost & Kavanaugh Frost & Kavanaugh 2026-10-19T05:13:43Z https://www.frostfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1201232/2021/03/cropped-frost-directory-image-32x32.jpg by Arthur Frost <![CDATA[Suing Amazon for a delivery truck accident in New York]]> https://www.frostfirm.com/?p=252919 2026-09-25T22:05:45Z 2026-09-25T22:05:45Z Who actually drives Amazon’s delivery trucks? Most packages are not delivered by Amazon employees. Amazon relies on two arrangements. The first is its Delivery Service Partner program, in which small, independent courier companies own the vans and hire the drivers. The second is Amazon Flex, a gig-work app that lets people deliver packages in their own vehicles. Amazon uses these arrangements in part to keep legal distance between itself and the driver. When you are hurt, that distance is the first obstacle you face.

Can you hold Amazon responsible?

Under New York law, an employer is generally liable for the negligence of its employees acting within the scope of their work. But a company usually is not liable for the acts of an independent contractor it hires. That is the gap Amazon’s delivery model is built around. The label is not the last word. New York courts do not decide the question by reading a contract that calls someone an independent contractor. What matters is control — specifically, who controlled the method and means of the driver’s work. Courts weigh factors such as whether the driver set their own hours, could work for others, received benefits, was on a payroll, and followed a fixed schedule. This is where Amazon’s own practices can work against it. Amazon assigns routes, sets tight delivery windows, tracks drivers through an app, and dictates how packages are handled. A driver hemmed in by that level of oversight can look far more like an employee than a free agent. New York courts have repeatedly refused to dismiss delivery companies from these cases, finding that control was a question for a jury. Even if the driver is a contractor, other paths may reach Amazon:
  • Retained control: A company that hires a contractor but keeps control over part of the work can be liable for failing to use that control with reasonable care.
  • Negligent hiring and entrustment: A defendant can be directly at fault for putting an unfit or dangerous driver on the road, if it knew or should have known of that risk.
These theories are not automatic. New York’s highest court has also recognized that delivering goods by vehicle is not the kind of inherently dangerous work that makes a hiring company liable regardless of fault. Injured New Yorkers have nonetheless sued Amazon, its Delivery Service Partners, and the driver together — on negligence, vicarious liability, negligent hiring, and negligent entrustment — after being struck by Amazon vans.

Don’t wait too long

A negligence claim for a personal injury generally must be filed within three years of the accident. Evidence tied to Amazon — route data, delivery-window pressure, driver records — also grows harder to obtain as time passes.

Protect your claim after an Amazon crash

Cases against Amazon turn on proving control and preserving the right evidence early. If an Amazon delivery vehicle injured you, speaking with an experienced New York personal injury attorney can help you identify every responsible party and pursue the full compensation you are owed. Contact us now!]]> On Behalf of Frost & Kavanaugh <![CDATA[How to respond when insurance calls after a car accident]]> https://www.frostfirm.com/?p=252918 2026-09-11T10:40:12Z 2026-09-11T10:40:12Z Why insurers call immediately After a car accident, an insurance adjuster may call within hours or even the same day. Insurance companies contact accident victims early because early settlement costs the company less. The sooner an adjuster reaches you, the less opportunity you have to evaluate the complete value of your claim.

What to expect during the call

The adjuster on the other end of the line works for the insurance company, not for you. Their job is to assess your claim and close it for as little money as possible. The adjuster will ask detailed questions about the accident. In some cases, they may ask about pre-existing medical conditions to argue that your injuries existed before the crash. The adjuster may also press for a quick decision on a settlement offer.

Your rights after an accident

Before speaking with an adjuster, it helps to understand your rights. New York's no-fault law requires personal injury protection (PIP) coverage of up to $50,000 in basic economic loss. This includes medical expenses and lost wages for drivers, passengers and pedestrians regardless of fault. Serious injuries may qualify you to pursue a personal injury claim outside the no-fault system. New York also follows a comparative negligence rule, which means that any degree of shared fault can reduce the total compensation available to you.

What to avoid saying or doing

Giving a recorded statement before consulting legal counsel is a common and costly mistake. Seemingly harmless comments such as "I feel fine" or "I may have been partly at fault" can significantly undermine the value of your claim. Adjuster questions deliberately target responses that support a lower settlement. Even a well-intentioned comment can become evidence against your claim.

The risk of early settlement offers

Injuries such as soft tissue damage and internal injuries take time to fully surface. Once you accept an offer and sign a release, the claim is permanently closed. New York law sets firm deadlines depending on the claim:
  • Three years for claims against a private party
  • 90 days for claims against a government entity
  • 30 days for No-Fault PIP applications
However, a signed release surrenders that right entirely.

Protecting your claim after a car accident

An early call from an insurance company does not mean you have to resolve your claim right away. Give yourself time to assess the full impact of the accident. Avoid making rushed statements or accepting an early settlement before you know what your claim is truly worth.]]> by Arthur Frost <![CDATA[The “insanity defense” in New York]]> https://www.frostfirm.com/?p=252917 2026-08-30T15:50:44Z 2026-08-30T15:50:44Z Understanding the insanity defense in New York Movies and television have shaped what most people think the insanity defense looks like. The reality in New York is very different. The defense is rarely raised, hard to prove, and often misunderstood. It does not mean a defendant simply “acts crazy” to avoid punishment. Knowing how the defense actually works can help you separate courtroom fiction from New York law.

What the law actually requires

New York does not use the phrase “not guilty by reason of insanity.” Instead, the law calls it lack of criminal responsibility by reason of mental disease or defect. Under New York Penal Law Section 40.15, a defendant must show that, at the time of the conduct, a mental disease or defect left him without substantial capacity to know or appreciate either the nature and consequences of what he did, or that the conduct was wrong. (N.Y. Penal Law § 40.15 (McKinney)) Two points often surprise people. First, a diagnosis alone is not enough. Many people live with serious mental illness and are still held responsible for their actions. The question is whether the illness stripped away the defendant’s capacity to understand the act or its wrongfulness at that specific moment. (N.Y. Penal Law § 40.15 (McKinney)) Second, the standard asks about understanding, not emotion or self-control. Knowing an act was wrong but feeling unable to stop is generally not a defense.

The burden of proof shifts to the defendant

In most parts of a criminal case, the prosecution must prove guilt beyond a reasonable doubt. The insanity defense works differently. It is an “affirmative defense,” which means the defendant raises it and must prove it by a preponderance of the evidence. (N.Y. Penal Law § 25.00 (McKinney)) That standard means more likely than not, a much lower bar than beyond a reasonable doubt, but the burden still rests on the defense. This shift does not erase the prosecution’s job. The People must still prove every element of the underlying crime beyond a reasonable doubt, including the defendant’s mental state for that offense. (People v. Kohl, 72 N.Y.2d 191, 527 N.E.2d 1182 (1988)) The insanity defense is a separate question layered on top of the case, not a replacement for it.

You must give advance notice

A defendant cannot spring the defense on the prosecution at trial. New York requires written notice of intent to offer psychiatric evidence, generally within 30 days of the not guilty plea. (N.Y. Crim. Proc. Law § 250.10 (McKinney)) Once that notice is filed, the prosecution may have its own expert examine the defendant. In practice, insanity cases become a battle of experts, with psychiatrists on each side reaching different conclusions about the defendant’s mental state.

It is not the same as being intoxicated

People sometimes assume that being high or drunk can support a “temporary insanity” claim. New York courts have rejected that idea. A New York appeals court held that a psychosis caused only by the voluntary use of an illegal drug is not a mental disease or defect under the statute, even when the defendant genuinely could not appreciate that his conduct was wrong. (People v. Davenport, 215 A.D.3d 576, 187 N.Y.S.3d 226 (2023)) A long-term, settled mental illness that results from prolonged substance use may be treated differently, but a temporary drug-induced state generally will not qualify. (People v. Davenport, 215 A.D.3d 576, 187 N.Y.S.3d 226 (2023))

A “not responsible” verdict does not mean walking free

This may be the biggest misconception of all. A verdict of not responsible by reason of mental disease or defect is not an acquittal that sends the defendant home. By succeeding on the defense, the defendant avoids criminal penalties but instead becomes subject to a separate commitment process under the Criminal Procedure Law. (Jamie R. v. Consilvio, 6 N.Y.3d 138, 844 N.E.2d 285 (2006)) The court holds an initial hearing to decide the level of confinement or supervision needed to treat the person and protect the public. (Jamie R. v. Consilvio, 6 N.Y.3d 138, 844 N.E.2d 285 (2006)) Many people found not responsible are committed to secure psychiatric facilities, sometimes for years, with continued court review before any release. The outcome is treatment and supervision, not freedom.

Why these cases are so difficult

The insanity defense sits at the intersection of law and psychiatry, and juries are often skeptical of it. Success usually depends on detailed medical records, credible expert testimony, and careful attention to strict procedural rules. A missed notice deadline or a weak expert can sink an otherwise legitimate defense. Because the stakes are so high and the standards so specific, this is not an area to navigate alone.

Talk to a defense attorney

If you or a loved one is facing serious charges and mental illness may be involved, the details matter enormously. An experienced New York criminal defense attorney can evaluate whether the defense is realistic, gather the right psychiatric evidence, meet the deadlines, and explain what a not responsible verdict would actually mean for your loved one's future. Understanding options early is the best way to make informed decisions about a difficult case.]]> On Behalf of Frost & Kavanaugh <![CDATA[Can I recover damages from my car accident in New York?]]> https://www.frostfirm.com/?p=252915 2026-07-17T18:28:49Z 2026-07-17T15:52:34Z Does being partially at fault prevent recovery? Many people do not call a lawyer because they think they “caused” the incident. But fault in a traffic crash is rarely that simple. You may have made one mistake, but that does not mean the other party is off the hook. Three common scenarios include:
  • You may have been over the speed limit, but the other party may have run a red light
  • You may have rolled through a stop sign, but the other party may have been driving too fast for road conditions
  • You may have merged a little too closely, but the other party may have been tailgating
The issue is not whether you were partially at fault, but how much fault can legally be assigned to you and the other party.

How does New York’s ‘pure comparative negligence’ rule work?

New York follows a tort rule known as “pure comparative negligence.” Under this law, you can seek compensation for your damages even if you were 99% at fault for the accident. However, your percentage of fault reduces the amount you receive. For example, if a court or insurance company determines that your damages total $100,000, and you were 25% at fault, you may still recover $75,000. This rule is important because it protects crash victims from losing their right to compensation simply because the other party argued that they were not entirely blameless.

What types of compensation may be available?

Even if you were partly at fault, you may be able to recover damages for your “serious injury.” This compensation may include:
  • Medical costs
  • Lost wages and other economic losses
  • Pain and suffering
  • Mental anguish
The amount you can recover will depend on the facts of your case and how fault is allocated. A lawyer can help gather evidence and push back against unfair blame.

Partial fault does not end your claim

In New York, the law recognizes that accidents are often shared events, and responsibility can be between two parties. The best way to understand your rights is to speak with a personal injury lawyer who can review what happened, inform you of your available options and help you move forward with confidence.]]> On Behalf of Frost & Kavanaugh <![CDATA[3 mistakes New York drivers make after a car accident]]> https://www.frostfirm.com/?p=252913 2026-05-14T03:49:19Z 2026-05-14T03:49:19Z After a car accident in New York, the decisions you make in the first hours and days can shape your entire claim. New York's no-fault insurance system adds complexity that many drivers don't expect.

Delaying or skipping medical attention

Adrenaline can mask pain after a crash. You may feel fine at the scene but develop symptoms days later. Insurers use any gap in treatment to argue your injuries were not serious or were unrelated to the accident. This matters because New York Insurance Law § 5102(d) sets a "serious injury" threshold. To sue for pain and suffering outside the no-fault system, your injuries must meet that standard. Early medical records help establish that connection. Under New York Insurance Law § 5102 and § 5103, you also have 30 days to file a no-fault application after the accident. Missing that deadline can cut off access to basic medical and wage benefits.

Admitting fault at the scene

Saying "I'm sorry" or "I didn't see you" may feel natural but those words can cost you. New York follows pure comparative negligence rules. Your compensation is reduced by your percentage of fault. Insurance adjusters look for any statement that places responsibility on you. Even casual remarks made under stress can be used to lower your settlement. You likely don't have all the facts at the scene, including road conditions or the other driver's actions. Stick to factual exchanges only.

Failing to document the scene and report the accident

Leaving without photos, witness contact information or an official record weakens your position significantly. Without evidence, your account becomes your word against the other driver's. Documentation protects you in several ways:
  • Photos of vehicle damage: Show the point of impact and severity of the crash.
  • Witness contact details: Provide statements that support your version of events.
  • Road and weather conditions: Help establish contributing factors to the accident.
Strong documentation makes it harder for insurers to dispute your claim. Reporting also carries legal weight. Under New York Vehicle and Traffic Law § 605, you must file an MV-104 form with the DMV within 10 days if the accident involves injury or property damage over $1,000. Failing to file is a misdemeanor and can result in license suspension.

Protect your claim before it's too late

New York car accident claims involve strict deadlines and legal thresholds that aren't always obvious. Speaking with an attorney can help you understand your options and avoid procedural mistakes.  ]]> On Behalf of Frost & Kavanaugh <![CDATA[6 first-time New York DWI misconceptions you might hear]]> https://www.frostfirm.com/?p=252911 2026-03-30T14:37:29Z 2026-03-19T09:49:19Z Facing an impaired driving charge in New York can be confusing, especially with so much conflicting information circulating among friends, coworkers and online forums. Some stories may not reflect how New York laws actually operate. Understanding common misconceptions can help you approach your situation more prepared and make informed decisions.

1. A first offense is rarely minor

Many assume a first offense is just a simple ticket, but New York authorities often treat these cases seriously. Charges like driving while intoxicated (DWI) or driving while ability impaired (DWAI) can lead to significant fines, loss of driving privileges and possible jail time. The consequences might also affect your professional life, including job security and background checks.

2. Refusing a breath test can carry serious penalties

Some believe refusing a chemical test avoids conviction. In New York, implied consent law assumes that anyone operating a vehicle agrees to such tests. Refusing can trigger license revocation for at least one year, regardless of the eventual criminal outcome. This administrative action is separate from any court-imposed penalties.

3. You can face charges even below 0.08% BAC

It is not always true that staying under 0.08% blood alcohol concentration (BAC) prevents charges. Officers may cite DWAI if they determine your ability to drive is impaired, which could happen with a BAC as low as 0.05%. Alcohol can affect coordination and reaction time before reaching 0.08%.

4. Convictions often remain on your record for years

You might hear that a conviction disappears after a few years. In reality, New York driving records can show alcohol-related offenses for 15 years on a standard driving abstract and generally remain visible on your lifetime Department of Motor Vehicle (DMV) history. Certain programs, like the Clean Slate Act, may eventually seal records from public view, but law enforcement and licensing agencies can still access them.

5. Being cooperative does not guarantee no arrest

Being polite and respectful during a traffic stop can help interactions, but it may not prevent an arrest if an officer has probable cause. Objective evidence and observations typically drive decisions, so demeanor alone usually does not change the investigation’s outcome.

6. Handling your case alone can be complicated

Managing a case without legal guidance might seem appealing, but New York’s impaired driving laws involve technical rules and procedures. Professional legal insight can help you understand options such as conditional licenses or ignition interlock requirements, which may make the process less overwhelming.

Understanding the bigger picture

A first DWI charge can feel stressful, but staying informed may help you navigate the situation more confidently. Small details can affect possible criminal defense outcomes and knowing what to expect may reduce surprises along the way. Approaching the case with knowledge and careful consideration often helps you weigh your options effectively.]]> On Behalf of Frost & Kavanaugh <![CDATA[Child custody and relocation: Key legal considerations in NY]]> https://www.frostfirm.com/?p=252905 2026-02-24T12:30:24Z 2026-01-09T16:00:33Z Deciding to move with your child can bring a mix of hope and stress. Custody arrangements aren’t automatically flexible, and even a short move can create challenges if both parents share decision-making. Understanding how relocation affects your custody agreement can help you plan responsibly and reduce disputes.

How relocation can affect your custody arrangement

Relocation disputes aren’t uncommon. In fact, about 23% of custody cases involve one parent wanting to move a child away from their current home.  In New York, courts weigh several factors when deciding if a move is in the child’s best interests. The main concern is how the relocation affects the child’s stability and access to both parents. Courts may review things like:
  • The reasons for the move and whether it benefits the child
  • The age and needs of the child
  • The distance between the new home and the other parent
  • The parenting time that might be adjusted
  • The child’s relationship with both parents and extended family
These factors give the court a picture of whether relocating would help or disrupt the child’s well-being. You may find that providing clear evidence of your plan and the child’s best interests can make a difference. Legal guidance can help ensure your plan is presented clearly and considers all relevant factors.

Navigating discussions and potential disputes

Talking about relocation with the other parent can be delicate. Proposing solutions like adjusted visitation schedules or technology-based communication may ease concerns. Documenting these efforts can demonstrate cooperation and a focus on your child’s welfare.  In some parenting time cases, mediation or legal counsel may support negotiating a fair arrangement that addresses the move without escalating conflict.

Keeping your child’s best interests in focus

Relocating is more than a change of address. Considering schooling, social connections, healthcare and your child’s routines can help maintain stability. Taking time to assess these details can make the transition smoother for everyone involved.]]> On Behalf of Frost & Kavanaugh <![CDATA[Choosing between legal separation and divorce in New York]]> https://www.frostfirm.com/?p=252904 2025-11-24T07:37:57Z 2025-11-24T07:37:57Z Lying awake at night, you question if you're making the right decision. You care for your spouse, but living together is no longer feasible. Concerns about your kids, money and future life weigh on your mind. When your marriage hits this point, you need to decide between legal separation or divorce. Knowing the difference between the two can guide you in making a clear choice for your future.

Divorce vs legal separation

Legal separation and divorce serve different purposes in New York. A divorce permanently ends your marriage. Additionally, it allows you to remarry after the process concludes. On the other hand, legal separation keeps your marriage intact. You and your spouse remain married on paper but live apart under court-approved terms.  Both options address similar issues. You can resolve child custody, spousal support and property division through either of the process. In this case, legal separation usually works best if you need time apart but are not completely ready to end your marriage yet.  Alternatively, divorce suits couples who want a final resolution and the freedom to move forward independently. Before you choose between the two, however, you need to understand what each option truly costs. 

The challenges of divorce 

It is important to note that divorce comes with significant considerations. The process can be both emotionally and financially draining for you and your family. You will need to divide assets and debts, which sometimes leads to difficult negotiations. However, having legal help can make these manageable. A legal professional experienced in family law can guide you through paperwork, negotiations and court proceedings.  Similarly, while divorce presents one set of challenges, legal separation brings its own complications that you should also carefully consider. 

The hard truths of legal separation

Although it is not as permanent as divorce, legal separation still has certain drawbacks that you need to understand. First, you cannot remarry while legally separated. This matters if you want to start over with someone new. Additionally, tax filing and health insurance benefits may also become more complicated. Yet despite these drawbacks, legal separation remains valuable for some couples especially when religious beliefs prevent divorce. Some financial considerations might also make separation more preferable.  With all these factors in mind, it's advisable to explore your options to determine which path best suits your unique situation.

The importance of exploring your options

Every family situation is unique, and your approach to ending a marriage should align with your specific circumstances. Legal advisers can assist in assessing your particular needs, exploring your options and clarifying how each choice impacts your children, finances and future. With professional guidance, you can move forward with confidence and clarity knowing that you can make informed decisions that serve your best interests.]]> On Behalf of Frost & Kavanaugh <![CDATA[What makes New York’s roads dangerous?]]> https://www.frostfirm.com/?p=252902 2025-09-22T13:41:41Z 2025-09-22T13:36:54Z What are the most recent car crash statistics in New York? The Insurance Institute for Highway Safety reported 40,901 car crash fatalities in the country last 2023. Of this total, 1,114 happened in New York. While there are several factors to consider in traffic accidents, there are six unsafe driving behaviors that contribute to the most car crash incidents in the state. Here are the top six causes of car accidents in New York from January to August of 2025, as reported by the New York City Police Department (NYPD):
  1. Distracted driving (1,976)
  2. Following too close (464)
  3. Failure to yield right of way (438)
  4. Improper passing or lane usage (295)
  5. Speeding (263)
  6. Unsafe backing (218)
The NYPD also reported a total of 1,808 motorists, 1,268 passengers, 588 cyclists and 541 pedestrians who sustained crash-related injuries from January to August of 2025.

What are the riskiest roads and intersections in New York?

Based on an analysis of fatal car accidents from 2017 to 2019, the five riskiest roadways in New York are:
  1. I-87: 12 fatalities per year
  2. I-90: 11 fatalities per year
  3. Bruckner Boulevard: 7 fatalities per year
  4. US-9: 7 fatalities per year
  5. US-11: 5 fatalities per year
Traffic accidents can happen to anyone at any given time. By staying informed of the state’s riskiest driving behaviors and most dangerous roads to travel to, you can drive with better caution and help keep everybody safe from accidents.]]> On Behalf of Frost & Kavanaugh <![CDATA[Assault injuries: The role of inadequate security in premises liability]]> https://www.frostfirm.com/?p=252901 2025-07-30T15:38:36Z 2025-07-30T15:38:36Z The duty of care in premises liability Property owners have a duty to exercise reasonable care to maintain their property in a safe condition. This includes providing adequate security measures to prevent harm. Failure to meet this duty can result in liability for injuries sustained on the property.

Types of inadequate security

Inadequate security can be a result of various factors, including insufficient staffing, lack of security protocols and failure to respond to security concerns. Property owners must assess the security needs of their property and take reasonable steps to address them. For example, a property owner who fails to install security cameras in a high-crime area may be liable for injuries sustained in an assault that occurred on their property.

Common assault scenarios due to premises liability

Assaults due to premises liability can occur in various settings, including parking garages, apartment buildings, shopping malls and workplaces like construction sites. Common scenarios include assaults by third parties such as employees or contractors, and assaults that occur due to a lack of security protocols. These often involve a property owner's failure to provide adequate security measures.

How to prove premises liability

To prove liability, victims must show that the property owner failed to provide adequate security and that this failure directly led to their injuries. This can involve showing that the owner was aware of past criminal activity but failed to take reasonable security measures. Building a strong case often requires gathering evidence such as security logs and crime reports, and consulting with security professionals.

Holding property owners accountable

In cases of assault injuries due to premises liability, victims or their families may seek compensation for their losses. However, going through the legal process can be tough and overwhelming. With legal counsel, they may better navigate premises liability law, understand their rights and options, and pursue justice.]]>