motor vehicle accident law Firms Vehicle Powers of Attorney

Often when multiple parties are responsible for an accident. In these instances, a jury may apportion the amount of damages awarded to the injured party according to their percentage of negligence.

Even though DMV hearings aren't criminal court-related, an experienced NYC traffic lawyer can make a substantial impact on the outcome of your case. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

A power of attorney is a legal document that allows a person to authorize another to perform actions in his or her name. The document can grant a broad or limited power and must be drafted according to the laws of the state. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the power to sell a vehicle, for instance. You can make an Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You can also ask someone to do it.

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

To avoid this, to prevent this from happening, the Power of Attorney should include provisions that say that the agent cannot claim title to any real estate or property owned by the principal, unless explicitly specified in the document. The document should also mention that the agent is required to provide a third party with an overview of all transactions and other matters in which they act on behalf of their principal.

DMV Hearings

You are entitled 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 driver safety hearing officer from DMV. In the hearing, DMV goes first, presenting all evidence it has against you including any testimony of witnesses it has subpoenaed. Then you're able to present evidence that is affirmative (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments, and ask questions to the hearing officer.

You are more likely to prevail at an DMV hearing if you hire an attorney. An attorney can assist in determining the extent of any errors made by the police in your case during your arrest. For instance, they may not have informed you that you could lose your license if you refused a breath test.

Although you aren't legally required to employ an attorney present at a DMV hearing, hiring a NYC DMV attorney can make the process simpler. An attorney is knowledgeable about the laws that apply to these types of cases and can help you present your case effectively. Additionally, they will assist you in avoiding being unfairly penalized by the DMV.

Suspension of License

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

Based on the state in which you reside, there are many different reasons that your driver's license could be suspended. For instance states that have points system, the accumulation of too many points can lead to the suspension of your license. In addition, a judge can also ordain your license to be suspended for a traffic offense. In the majority of cases, a court will permit you to drive on a limited driving permit for the duration of suspension or cancellation.

In some states, your license may be revoked if been found guilty of certain offenses like DUIs or vehicular manslaughter. Your license could be suspended if you are unable to pay back child support, or other civil debts. You can also lose your license if suffer from a medical condition that renders driving a car dangerous.

Your New York lawyer will help you to determine the status of your license and how best to proceed. He or she will explain to you that in the majority of cases, if your license has been suspended, then you are entitled to an hearing at the DMV.

Representation

A representation letter is an important document that an attorney sends to the person they intend to sue. This puts the other party in the loop that they now have a representative who will speak on their behalf and also allows the lawyer to request documents and information from the party.

A lot of motor vehicle accidents vehicle accident claims are caused by negligence, which is which is a tort. Negligence is defined by a failure to exercise the degree of care that would be expected from someone who is prudent in similar circumstances. Automobile accidents are often caused or contributed to through a variety factors. A driver's negligence could include driving under the influence of drugs or alcohol, speeding, motor vehicle accident law firms or disregarding traffic signs. Other factors include distracted driving like using a cell phone or attempting to apply makeup while driving.

In some cases, two people injured in an accident in a vehicle would like the same lawyer to represent them. But, it is ethically unwise for one attorney to represent both a passenger and driver in a personal injury case. This is due to each client having a conflict of interests. This can be overcome by establishing a separate contract between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.