motor vehicle accident lawyer Vehicle Powers of Attorney

Frequently, multiple parties share responsibility for an accident. In these instances, a jury could award damages to the injured party according to their percentage negligence.

Even though DMV hearings aren't associated with criminal court, a seasoned NYC traffic lawyer will make a major difference in the outcome of your case. Gannes & Musico LLP has many years of experience representing clients in these hearings.

Power of Attorney

The power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a broad or limited set of powers and must be prepared according to State law. It must be signed and notarized in the presence of a notary or witness public. A motor Vehicle Accident lawsuits vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the ability to sell a car, for example. You can create the Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. Or, you could request someone else to complete the task for you.

Third parties may refuse to respect Powers Of Attorney. This could be due to several reasons. In some instances the refusal causes harm to the Principal, and the third party can be held liable for damages.

To avoid this to avoid this, it is essential that the Power of Attorney include language indicating that the agent cannot claim title to any real property or other asset that is owned by the principal unless explicitly stated in the document. The document should also state that the agent should submit to an outsider a summary of all transactions and other matters in which he or she 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 are entitled to be heard to challenge the decision. These hearings are conducted either in person or over the telephone, and are usually held before a safety driver hearing officer from DMV. The hearing is conducted by DMV goes first, presenting all evidence it has against you and any witness testimony it has subpoenaed. You can then present affirmative evidence, including witnesses, documents, or your testimony. You may also present closing arguments to attack DMV and ask questions to the hearing officer.

It is more likely that you will win an DMV hearing if you employ a lawyer. A lawyer can assist you to determine if the officers who were involved in your case committed any mistakes during the arrest, motor vehicle accident lawsuits for instance, not clearly advising you that your driver's license could be suspended if you did not take a breath test.

Although you aren't legally required to employ an attorney at the DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is knowledgeable about all laws applicable to these cases and can assist you to effectively present your case. They can also assist you to avoid being unfairly penalized at the DMV.

License Suspension

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

Your driver's licence can be suspended for a variety of reasons, based on where you reside. In states that rely on points, for example excessive accumulation of points could cause the suspension. In addition to that, a judge may ordain your license to be suspended if you are convicted of a traffic crime. In most instances, a judge will allow you to drive on a limited driving permit during the period of your suspension or cancellation.

In certain states, your license could be suspended if you've been found guilty of certain offenses, such as DUIs or vehicular murder. Your license can also be revoked if you do not pay back child support, or other civil debts. Your license may be suspended if you suffer from a medical issue that renders you unfit to operate in a vehicle.

Your New York lawyer will help you to determine the status of your license and the best to proceed. They will explain that in most circumstances, you are entitled to an appearance before the DMV when your license is being suspended.

Representation

A representation letter is an important document that an attorney sends to the person they want to sue. This puts the other party on notice that they have a representative that will represent them, and it also allows the lawyer to request documents and other information from that party.

Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as a lack of using the level of care that a prudent person would use in the same situation. Car accidents are often caused or contributed to by a variety of causes. A driver's negligence could include driving under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Driving distracted, like using a cell phone while driving or applying makeup, is a further reason.

In certain instances, two people injured in an accident with a vehicle need the same lawyer to represent them. However, it is ethically wrong for a single attorney to represent both a passenger and a driver in a personal injury claim. Each client has a conflict. This is avoided by drafting distinct agreements between each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.