motor vehicle accident Vehicle Powers of Attorney

In most cases, multiple parties share responsibility for an accident. In such cases the jury may decide to distribute the award of damages to the injured party in proportion to their share of negligence.

Although DMV hearings do not involve criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a wide or limited power 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 a witness. A motor vehicle power of attorney gives an agent the power to handle the responsibilities of a vehicle and could include the ability to sell a vehicle, for Motor vehicle accidents instance. You can make a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternatively, you can hire someone else to handle it for you.

Third parties can refuse to respect Powers Of Attorney. It can be due to many reasons. In some instances the refusal causes harm to the Principal, and the third party could be held liable for damages.

To prevent this from happening it is crucial that the Power of Attorney include language indicating that the agent cannot claim title to any real estate or other property owned by the principal unless specified otherwise in the document. The document should also specify that the agent must report to a third party a summary on any transactions or other matters that they handle on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take breath tests) You can request a hearing to challenge the decision. These hearings can be conducted in person or by telephone, and usually conducted in front of an DMV driver safety hearing officer. The hearing is conducted by DMV will first present all evidence it has against you including any witness testimony it has subpoenaed. Then, you get to present affirmative evidence (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer.

It is more likely that you will win an DMV hearing if you employ a lawyer. A lawyer can help determine the extent of any errors made by the police officers in your case during your arrest. For example they might not have advised you that you would lose your license if declined a breath sample.

Although you aren't legally required to have an attorney present at an DMV hearing, hiring an NYC DMV attorney can make the process much easier. An attorney will be knowledgeable in the laws surrounding these types of cases, and can assist you to present your case as efficiently as is possible. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of certain traffic violations or other legal violations. The suspension or revocation of your license will usually remain in place until you have completed all the required steps to get it back.

Your driver's license could be suspended due to a variety of reasons, based on where you reside. In states that require points, for instance the accumulation of too many points can lead to a suspension. A judge can also take away your license in the event of violations of traffic law. In the majority of instances, a judge will allow you to drive using a restricted driving license during the period of suspension or the revocation.

In certain states, your license may be suspended in certain cases, such as DUIs and vehicular manslaughter. In addition your license may be suspended for failure to pay back child support or other civil debts. You can also lose your license if are suffering from a medical condition that renders driving a car dangerous.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. He or she will explain to you that in most cases, if you're license was suspended, you are entitled to an interview at the DMV.

Representation

A representation letter is a very important document that an attorney sends to the person they want to sue. This puts the other party on notice that they have a representative that will speak on their behalf and also permits the lawyer to request documents and other information from that party.

Many motor vehicle accidents are result of negligence, a tort. Negligence can be defined as failure to apply the same level of care that a reasonably prudent person would have used in the same situation. Automobile accidents are often caused or contributed to by a variety of causes. A driver's negligence could include driving while under the influence of drugs or alcohol driving too fast, motor vehicle accidents speeding up, or not obeying traffic signs. Driving distracted, for example, using your cellular phone while driving or applying makeup, is a further reason.

There are situations in which two people injured in a car accident want the same attorney to represent them. It is unethical for an attorney to represent the driver and the other person in a personal injury claim. This is because each client has a conflict of interests. This can be avoided by creating separate agreements between each client. Or, each person can hire their own lawyer to file a lawsuit against the adverse driver.