Motor Vehicle Accident Lawsuits 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 damages awarded to the victim in proportion to their share of negligence.

Even though DMV hearings aren't criminal court-related, an experienced NYC traffic attorney can make a significant impact on the outcome of your case. Gannes & Musico, LLP has extensive experience in 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 perform actions on his or her behalf. The document can grant a broad or limited range of powers and must be drafted in accordance with the law of the State. It must also be signed and/or notarized in the presence of a witness or notary public. A motor vehicle power-of-attorney grants the agent the power to perform duties relating to the vehicle that could include selling a vehicle. If you're interested in preparing an Power of Attorney yourself take a look at contacting your local Department of Motor Vehicles or using a free online legal website such as eForms or NYLawHelp. Alternatively, you can have someone else do the work for you.

Third parties might not honor Powers Of Attorney. This could be due to a variety of reasons. In some instances the refusal causes harm to the Principal and the third party may be held liable for damages.

To prevent this from happening, it is important that the Power of Attorney include language which states that the agent will not have title to any real property or other asset owned by the principal, unless explicitly stated in the document. The document should also state that the agent should submit to an outside party a summary of all transactions and any other circumstances in which the agent acts on behalf of the principal.

DMV Hearings

If DMV has a discretionary decision against your right to drive (such as a license suspension for refusing to take a breath test), you have the right to be heard to challenge the decision. Hearings are held in person or by phone, and are typically conducted by a driver safety hearing officer from DMV. At the hearing, DMV begins by presenting all of its evidence against you including any witness testimony it has subpoenaed. You are then able to present your own evidence, including documents, witnesses or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer.

The outcome of the DMV hearing depends largely on the specifics of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining if any mistakes were committed by the police officers in your case during your arrest. For example they may not have informed you that you could lose your license if you declined a breath sample.

While you aren't required to have an attorney at an DMV hearing, hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in the laws that apply to these cases and will help you effectively present your case. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.

License Suspension

If you are found guilty of specific criminal or traffic violations, the Department of motor vehicle accident law firms Vehicles may suspend your license and driving privileges. Typically, the suspension or revocation is in effect until you've completed all necessary steps to obtain your license reinstated.

Your driver's license can be suspended due to a variety of reasons, based upon where you live. States that use points, for example, accumulating too many can result in a suspension. A judge can also suspend your license due to an offense in traffic. In most instances, Motor vehicle Accident Lawsuits a judge will permit you to drive using a restricted driving permit for the duration of your suspension or revocation.

In some states, your license can be revoked if been convicted of specific crimes like DUIs or vehicular murder. Your license may be suspended if you are unable to pay back child support, or other civil debts. You can also lose your license if you suffer from a medical issue that makes driving a vehicle unsafe.

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 instances, if your license was suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is a crucial piece of paper that a lawyer delivers to the person they'll be suing. This puts the other party in the loop that they now have a representative who will speak on their behalf and also allows the attorney to ask for information and documents from that party.

Many motor vehicle accidents are caused by negligence, which is a tort. Negligence is defined by a inability to exercise the level of care expected from a person who is reasonably prudent under similar circumstances. Car accidents are often caused or contributed to by a variety of causes. For instance, a driver's negligence could include driving while impaired by alcohol or drugs, or speeding or disregarding traffic signals. Distracted driving, like using your mobile phone while driving or applying makeup, is another reason.

In some instances when two people are injured in an accident in a vehicle would like the same lawyer to represent them. It is, motor vehicle Accident lawsuits however, morally wrong for a single lawyer to represent both a passenger and a driver in a personal injury lawsuit. This is because each client has a conflict of interest. This can be avoided by drafting separate agreements between the clients. Alternately, each client can hire his or her own lawyer to file a lawsuit against the driver who caused the problem.