motor vehicle accident lawyers Vehicle Powers of Attorney

In most cases, multiple parties share responsibility for an accident. In these situations the jury can distribute the amount of damages awarded to the victim according to their percentage of negligence.

Even though DMV hearings aren't criminal court-related, an experienced NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document may grant broad or limited powers, and must be prepared according to the laws of the state. The document must be signed by the signer or notarized before a notary public or witness. A motor vehicle power-of-attorney grants the agent the authority to perform responsibilities related to vehicles, which may include selling a vehicle. If you're looking to create the Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free online legal website like eForms or NYLawHelp. Alternatively, you can hire someone else to handle it for you.

Third parties sometimes refuse to comply with Powers of Attorney. This could be due to several reasons. In some instances the refusal may cause harm to the Principal and the third party can be held accountable for the damages.

To avoid this, it is important to ensure that the Power of Attorney include language indicating that the agent cannot be the owner of any real estate or other property that is owned by the principal unless specified otherwise in the document. The document should also specify that the agent has to submit to an outside party a report of all transactions as well as any other matters in which he or she acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision in the event that DMV orders discretionary action against you (such as the suspension of your license for refusing to take a breathalyzer). These hearings are conducted either in-person or over the telephone, and are usually held before a safety driver hearing officer from DMV. The hearing is conducted by DMV starts by presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. Then it's your turn to present evidence of affirmative nature (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

You are more likely win the DMV hearing if you engage an attorney. An attorney can assist you to determine if the police officers involved in your case made mistakes during your arrest, such as not indicating clearly that your driver's license could be suspended if it was not possible to take an breath test.

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

Suspension of License

If you are found guilty of certain traffic or legal offenses, the Department of Motor Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation remains in effect until you've completed all steps necessary to obtain your license reinstated.

Your driver's licence can be suspended for various reasons, based on the state in which you reside. For instance, in states that use points system, the accumulation of too many points may result in a license suspension. A judge can also take away your license if there is an offense in traffic. In most instances the court will let you to drive with a restricted driving license during the suspension or revocation.

In some states, your license may be revoked if been convicted of certain crimes, such as DUIs or vehicular manslaughter. Your license can also be revoked when you fail to pay back child support, or other civil debts. It is also possible to lose your license if suffer with a medical condition that can make driving a car unsafe.

Your New York lawyer will help you determine the status of your license and how best to proceed. They will explain to you that in the majority of cases, if your license is suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the person they'll be suing. This puts the other party in the loop that they have a representative that will represent them, and it also allows the attorney to ask for information and documents from that party.

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence can be defined as a failure to exercise the degree of care that would be expected of someone who is prudent in similar circumstances. Automobile accidents often involve multiple elements that could lead to or contribute to the accident. A driver's fault could be driving while under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Distracted driving, like using a cell phone while driving, or applying makeup, is a separate reason.

In certain cases two people who are injured in an accident with a vehicle need the same lawyer to represent them. But, it is ethically wrong for a single attorney to represent both the passenger and a driver in a personal injury claim. Each client is in conflict. This can be avoided by drafting separate agreements between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.