motor vehicle accident law firm Vehicle Powers of Attorney

Frequently there are multiple parties who share the blame for an accident. In such situations the jury may decide to distribute the amount of damages awarded to the injured party in proportion to their share of negligence.

Even though DMV hearings do not require criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico LLP has a wealth of experience in representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows the person to authorise another to perform actions in his or her name. The document may confer broad or limited powers, and must be prepared in accordance with state law. It must be signed and notarized in the presence of a witness or notary public. A motor vehicle power of attorney grants the agent the authority to take care of car-related obligations and could also include the power to sell a car, for instance. You can make a Power of Attorney yourself by contacting your local Department of motor vehicle accidents Vehicles, or use a free legal site like eForms.com or NYLawHelp. You can also request someone to assist you.

Third parties can refuse to honor Powers of Attorney. It could be because of several reasons. In some instances the refusal may cause harm to the Principal and the third party can be held liable for damages.

To avoid this to avoid this, it is essential that the Power of Attorney include language informing the agent that he or she cannot have title to any real property or other asset that is owned by the principal unless specified otherwise in the document. The document should also stipulate that the agent must report to an outside party a report of all transactions and other instances where he or she acts on behalf of the principal.

DMV Hearings

If DMV or other agency makes a decision that is discretionary against your right to drive (such as license suspension due to refusing to take a breath test) You are entitled to an appeal hearing to contest the decision. These hearings can be conducted in person or over the telephone, and are generally conducted by a DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed during the hearing. You then have the option of presenting affirmative evidence, including documents, witnesses or even your testimony. You can also make closing arguments to attack DMV and ask questions to the judge.

You are more likely win a DMV hearing if hiring a lawyer. An attorney can assist you to determine if the officers who were involved in your case made any errors during your arrest, for instance, not clearly advising you that your license would be suspended if you refuse to take a breath test.

Although you aren't legally required to hire an attorney at the DMV hearing, hiring a NYC DMV attorney will make the process simpler. A lawyer is well-versed regarding the laws governing these kinds of cases and can help you to present your case as effectively as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license in the event that you are accused of certain traffic offenses or violations. The suspension or suspension of your license is usually remain in place until you've completed the necessary steps to get it back.

Depending on the state where you live there are a variety of reasons your driver's licence could be suspended. For instance in states that employ points system, the accumulation of too many points can lead to the suspension of your license. In addition the judge may also order your license to be suspended for a traffic conviction. In the majority of instances, the court will permit you to drive on a limited driving permit for the duration of suspension or suspension or revocation.

In some states, your license may be revoked if you have been convicted of certain crimes like DUIs or vehicular manslaughter. In addition, your license can be revoked for not paying back child support or other civil debts. The license may be suspended if you suffer from a medical condition which makes it unsafe for you to operate an automobile.

Your New York lawyer will help you to determine the status of your license, and how best to proceed. He or she will explain that in most instances, you are entitled to an appearance before the DMV when your license is suspended.

Representation

A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will represent them and allows the lawyer to request details and documents from that party.

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined as a failure to use the degree of care that a reasonably prudent person would have employed in the same situation. Automobile accidents usually involve multiple factors that can cause or contribute to the accident. For instance, a driver's negligence can include driving impaired by alcohol or drugs, or speeding or not paying attention to traffic signals. Other factors include distracted driving like using a cell phone or attempting to put on makeup while driving.

In certain cases there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injury claim. This is due to each client having a conflict of interests. This can be resolved by establishing a separate agreement between each client. Alternately, each client can hire their own lawyer to bring a lawsuit against the driver who was at fault.