motor vehicle accident lawsuits Vehicle Powers of Attorney

Many parties are usually responsible for an accident. In such cases the jury may decide to distribute damages to the injured party in proportion to their share of negligence.

Even though DMV hearings don't involve criminal court, a skilled NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico LLP has years of experience representing clients in these hearings.

Power of Attorney

The power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may confer broad or limited powers and must be drafted in accordance with the state's law. It must be signed and/or notarized in the presence of a notary or witness public. A motor vehicle accident lawsuit vehicle power of attorney grants the agent the authority to perform responsibilities related to vehicles that could include selling a car. If you're planning to draft an Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You could also ask someone to prepare it.

Third parties can refuse to honor Powers Of Attorney. This could be due to various reasons. In certain situations, a refusal can cause harm to the principal. The third party may be held accountable for damages.

To avoid this, the Power of Attorney should include specific language that says that the agent will not be the owner of any property or real estate owned by the principal, unless explicitly stated in the document. The document should also state that the agent submits to an outside party a summary of all transactions as well as any other circumstances in which they are acting on behalf of the principal.

DMV Hearings

You are entitled to an appeal hearing in the event that DMV or other agency decides to take discretionary action against you (such as refusal to take the breathalyzer test). Hearings can be held in person or motor vehicle accident lawsuits via the telephone, and are generally held in front of the DMV driver safety hearing officer. DMV provides all evidence against the person, including witnesses it has subpoenaed, at the hearing. Then you're able to present evidence that is affirmative (documents, witnesses or your own testimony) and attack the DMV's argument in closing arguments and ask questions to the hearing officer.

You are more likely win in a DMV hearing if you hire a lawyer. An attorney can assist in determining whether any mistakes were made by the police in your case during your arrest. For example, they may not have warned you that you could lose your license if you did not take a breath test.

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

License Suspension

The Department of Motor Vehicles can suspend your license and driving privileges if you're found to be guilty of certain traffic violations or other legal violations. The suspension or revocation of your license will usually remain in place until you've completed the necessary steps to obtain it back.

Your driver's license could be suspended for a variety of reasons, based upon where you reside. States that use points, for instance the accumulation of too many points can lead to being suspended. Additionally the judge may also decide to have your license suspended if you are convicted of a traffic crime. In most cases, a court will allow you to drive using a restricted driving permit during the period of your suspension or cancellation.

In certain states, your license may be suspended for certain crimes such as DUIs and vehicular manslaughter. The license can be revoked if fail to pay 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 the vehicle.

Your New York lawyer will help you determine the condition of your license and determine the best to proceed. He or she will explain that in most cases, you have the right to a hearing before the DMV in the event that your license is suspended.

Representation

A representation letter is an important document that an attorney must send to the person they intend to sue. This informs the other side that they have a representative that will speak on their behalf. It also allows the lawyer to request documents and information from the other party.

Many motor vehicle accident law firms vehicle accident cases are based on the tort concept of negligence. Negligence is defined by a inability to exercise the standard of care that would be expected of someone who is prudent in the same circumstances. Accidents involving cars are usually caused or contributed to through a variety factors. A driver's fault could be driving under the influence of drugs or alcohol or speeding, or ignoring traffic signs. Driving distracted, for example, using your mobile phone while driving or applying makeup, is another factor.

In certain cases there are instances where two victims of an accident in a car want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and an individual in a personal injury case. Each client is in conflict. This can be avoided by creating separate agreements between the clients. Or, each person can hire his or her own lawyer to file a lawsuit against the adverse driver.