motor vehicle accident lawsuits Vehicle Powers of Attorney

Frequently there are multiple parties who share the blame for an accident. In such cases the jury could distribute damages to the injured party in proportion to their share of negligence.

Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic lawyer can make a huge impact on the outcome of your case. Gannes & Musico LLP has an extensive 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 act in his or her name. The document may grant broad or limited powers and must be drafted in accordance with the state's law. It must be notarized and signed in the presence of a witness or notary public. A motor vehicle power-of attorney grants the agent the authority to perform duties related to vehicles, which may include selling a car. You can create the Power of Attorney by yourself if you contact your local Department of motor vehicle accident law firm Vehicles, or visit a free legal site like eForms.com or NYLawHelp. Alternately, you can ask someone else to do the task for you.

Third parties sometimes 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 accountable for the damages.

To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent cannot claim title to any property or real estate owned by the principal unless explicitly stipulated in the document. The document should also specify that the agent is required to report to a third party an account of any transactions or other matters that they conduct on behalf of their principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as license suspension due to refusing to take breath tests), you are entitled to be heard to challenge the decision. These hearings are conducted either in person or over the phone, and are typically held in front of a driver safety hearing officer from DMV. DMV provides all evidence against the person, including witnesses it has subpoenaed during the hearing. You are then able to present your own evidence, including witnesses, documents or your testimony. You may also present closing arguments to attack DMV and ask questions to the judge.

The outcome of a DMV hearing is largely contingent on the specifics of your case, but you are more likely to prevail when you have an attorney. A lawyer can help determine whether any mistakes were made by the officers during your arrest. For instance they may not have warned you that you could lose your license if refused to take a breath test.

Although you aren't required to have an attorney at an DMV hearing under the law however, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed regarding the laws governing these kinds of cases, and can assist you to present your case as effectively as you possibly can. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license if you're accused of certain traffic violations or other legal violations. Usually the suspension or revocation remains in effect until the time you complete all necessary steps to obtain your license back.

Your driver's license could be suspended for various reasons, based on the state in which you live. In states that require points, for example having too many points could lead to being suspended. A judge can also detain your license for a traffic violation. In most instances the court will let you drive with an restricted driving permit during the suspension or revocation.

In certain states, your license could be revoked for certain crimes, including DUIs and vehicular manslaughter. In addition your license could be revoked if you fail to pay back child support or other civil debts. Your license could also be revoked if suffer from a medical condition that renders you unfit to operate an automobile.

Your New York lawyer will help you determine the state of your license and the best to proceed. The lawyer will explain to you that in the majority of cases, if you're license has been suspended, you have the right to an appointment with the DMV.

Representation

A representation letter is an important piece of paper that a lawyer sends to the person they'll be suing. This puts the other party in the loop that they now have a representative who will represent them, and it also allows the attorney to ask for documents and Motor vehicle accidents information from the party.

A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as the inability to exercise the standard of care that would be expected of a person who is reasonably prudent under similar circumstances. Car accidents typically involve a variety of factors that could cause or contribute to the incident. For instance, driver's negligence could include driving impaired by alcohol or drugs, speeding, or not paying attention to traffic signals. Other factors include distracted driving such as using a cellular phone or attempting to put on makeup while driving.

In some instances two people who are injured in an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent a driver as well as an individual in a personal injury claim. Each client has a conflict. This can be resolved by establishing a separate agreement between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.