motor vehicle accident attorneys Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In these instances the jury can distribute the award of damages to the injured party by determining their percentage of negligence.

Although DMV hearings are not related to criminal court, a skilled NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a legal document that allows a person to authorize another to act in his or her name. The document can grant a wide or limited power and must be drafted according to the laws of the state. The document must be signed or notarized before a notary public or a witness. A motor vehicle accident attorneys vehicle power-of-attorney grants the agent the authority to perform duties related to vehicles that could include selling a vehicle. If you're looking to create the Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. Alternately, you can ask someone else to do it for you.

Third parties could refuse to comply with Powers Of Attorney. This can be for different reasons. In some instances the refusal may cause harm to the Principal and the third party can be held liable for those damages.

To prevent this from happening, it is important that the Power of Attorney include language that states that the agent is not able to claim title to any real estate or other property that is owned by the principal unless otherwise specifically stated in the document. The document should also stipulate that the agent should submit to an outsider a summary of all transactions, as well as any other instances where they are acting 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 for refusing to take the breath test) you are entitled to an appeal hearing to contest the decision. Hearings can be held in person or by telephone, and Motor Vehicle Accident Attorneys are generally conducted by the DMV driver safety hearing officer. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. It's your turn to present evidence of affirmative nature (documents or witnesses, or your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer.

It is more likely that you will win the DMV hearing if you hire a lawyer. A lawyer can help to determine if the officers involved in your case committed any mistakes during the arrest, like not indicating clearly that your license could be suspended if it was not possible to take an breath test.

While you are not legally required to have an attorney at the DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is knowledgeable about all the laws that apply to these types of cases and will help you present your case effectively. They can also help you avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges when you are accused of certain traffic offenses or legal violations. Typically, the suspension or revocation is in effect until you've completed all the steps required to get your license back.

Depending on the state where you reside, there are many different reasons that your driver's license could be suspended. For instance states that utilize points, the accumulation of too many points could lead to the suspension of your license. A judge can also take away your license if there is a traffic violation. In most instances, a judge will permit you to drive using a restricted driving permit during the period of suspension or cancellation.

In certain states, your license may be suspended if you've been found guilty of certain offenses like DUIs or vehicular manslaughter. Your license could be revoked if don't pay child support or other civil debts. Your license can be suspended if you have a medical condition that makes it unsafe to operate the vehicle.

Your New York lawyer can help you determine the status of your license and the best way to proceed. They will explain to you that in most cases, if your license is suspended, you are entitled to a hearing at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the party they will be suing. This puts the other party on notice that they now have a representative who will represent them and allows the lawyer to request details and documents from that party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence is defined by a inability to exercise the standard of care that would be expected of someone who is reasonably prudent in the same circumstances. Accidents involving cars often involve multiple factors which may cause or contribute to the accident. A driver's fault could be driving while under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Driving distracted, for example, using your cellular phone while driving or applying makeup, is another reason.

In certain instances there are instances where two victims of an accident with a vehicle need the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a passenger and a driver 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 employ their own lawyer to make a claim against the driver who caused the problem.