Motor vehicle Accident Attorneys Vehicle Powers of Attorney

In most cases it is the case that multiple parties share responsibility for an accident. In these situations, a juror may award damages to the victim according to their percentage of negligence.

Even though DMV hearings are not a part of criminal court, a skilled NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico, LLP has 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 perform acts in his or her name. The document can grant broad or limited powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized in front of a notary public or witness. A motor vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the power to sell a car, for example. If you're looking to create a Power of Attorney yourself, consider contacting your local Department of Motor Vehicles or using a legal online website like eForms or NYLawHelp. Alternately, Motor vehicle accident attorneys you can have someone else do it for you.

Third parties can refuse to respect Powers of Attorney. This can be for a variety of reasons. In some cases the refusal can cause harm to the Principal, and the third party may be held liable for those damages.

To avoid this it is essential that the Power of Attorney include language informing the agent that he or she cannot have title to any real property or other asset owned by the principal unless otherwise specifically stated in the document. The document should also specify that the agent should submit to an outsider a summary of all transactions and any other matters in which he or she acts on behalf of the principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as a 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 over the phone, and are usually held in front of a driver safety hearing officer from DMV. At the hearing, DMV goes first, presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then, you get to present evidence of affirmative nature (documents or witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

You are more likely win in a DMV hearing if you hire a lawyer. A lawyer can help you to determine if the officers who were involved in your case made any mistakes during your arrest, like not clearly informing you that your driver's license could be suspended if you refuse to take an alcohol test.

Although you are not legally required to use an attorney present at the time of a DMV hearing by law having a NYC DMV lawyer will make the process much easier. An attorney is knowledgeable about all the laws applicable to these cases and can help you effectively present your case. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges when you are accused of certain traffic violations or other legal violations. The suspension or the revocation of your license will generally remain in effect until you have completed the required steps to get it back.

Your driver's license could be suspended for a variety of reasons, based on the state in which you reside. For instance states that have a point system, accumulation of too many points could lead to an automatic suspension of your license. Additionally the judge may also require your license to be suspended if you are convicted of a traffic crime. In most instances the court will let you to drive under a restricted driving permit during your suspension or the revocation.

In some states your license can be revoked for certain crimes, including DUIs and vehicular manslaughter. Additionally, your license can be suspended if you have not paid back child support or other civil debts. Your license could also be revoked if you have a medical condition that makes it unsafe to operate in a vehicle.

Your New York lawyer can help you determine the condition of your license and the best method to take. The lawyer will explain to you that in the majority of cases, if you're license is suspended, you have the right to an interview 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 also allows the attorney to ask for documents and information from the party.

Many motor vehicle accident law firm vehicle accidents are caused by negligence, which is a tort. Negligence can be defined as a inability to exercise the standard of care that would be expected from someone who is reasonably prudent under similar circumstances. Automobile accidents are often caused or influenced by a variety of causes. For instance, driver's negligence could include driving when impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Driving distracted, like using a cell phone while driving, motor Vehicle Accident attorneys or applying makeup, is a separate aspect.

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 a driver as well as the other person in a personal injury claim. This is due to each client having an interest conflict. This can be resolved by establishing a separate contract between each client. Or, they can hire their own lawyers to file a lawsuit against the driver.