motor vehicle accident Vehicle Powers of Attorney

In many cases there are multiple parties who share the blame for an accident. In such cases the jury can distribute the amount of damages awarded to the victim according to their percentage of negligence.

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

Power of Attorney

A 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 can grant a broad or limited scope of powers and must be prepared according to State law. The document must be signed by the signer or notarized before a notary public or witness. A motor vehicle accident vehicle power of attorney grants the agent authority to handle the responsibilities of a vehicle and could include the ability to sell a vehicle, for instance. You can prepare the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You could also ask someone to help you prepare it.

Third parties can refuse to honor Powers Of Attorney. It can be due to various reasons. In certain situations it can cause harm to the Principal. The third party may be held accountable for damages.

To prevent this from happening to avoid this, to prevent this from happening, the Power of Attorney should include specific language that says that the agent will not take title to any property or real estate owned by the principal without being explicitly stated in the document. The document should also provide that the agent should submit to an outside party a report of all transactions and other instances where the agent acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as suspension of your license for refusing to take breath tests) you have the right to an appeal hearing to contest the decision. Hearings can be held in person or by phone, and usually held in front of a driver safety hearing officer from DMV. DMV presents all its evidence against the person, including witnesses it has subpoenaed at the hearing. It's your turn to provide evidence in support of your claim (documents and witnesses, or your own testimony) challenge the case of DMV in closing arguments, and ask questions of the hearing officer.

You are more likely to prevail at a DMV hearing if you engage a lawyer. An attorney can assist in determining the extent of any errors committed by the police officers in your case during your arrest. For instance they may not have warned you that you could lose your license if declined a breath sample.

While you are not legally required to hire an attorney at a DMV hearing, hiring a NYC DMV attorney can make the process much easier. A lawyer is well-versed in the laws that govern these kinds of cases and will help you present your case as efficiently as is possible. Additionally, they can help to prevent you from being unfairly penalized by the DMV.

Suspension of License

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

Based on the state in which you reside there are a variety of reasons that your driver's permit may be suspended. For instance in states that employ points, the accumulation of too many points can result in an automatic suspension of your license. A judge can also suspend your license for an offense in traffic. In most instances, the court will allow you to drive on restricted driving permits during the suspension or revocation.

In some states your license could be revoked for certain offenses, such as DUIs and vehicular manslaughter. In addition, your license can be revoked if you fail to pay back child support or other civil debts. Your license can also be revoked if have a medical condition that renders you unfit to operate a vehicle.

Your New York lawyer will help you determine the state of your license and determine the best to proceed. He or she will explain to you that in the majority of instances, if your license is suspended, you are entitled to an hearing at the DMV.

Representation

A representation letter is an important document that an attorney must send to the person they plan 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 cases are founded on the tort theory of negligence. Negligence is defined as a inability to exercise the level of care a prudent person would have used in the same circumstances. Car accidents are often caused or contributed to by a variety of causes. For instance, a driver's negligence may include driving impaired by alcohol or motor vehicle accident drugs, speeding or disregarding traffic signals. Distracted driving, like using your cell phone while driving or applying makeup is a different factor.

There are certain instances where two victims in a car accident want the same lawyer to represent them. However, it is ethically wrong for a single attorney to represent both the passenger and a driver in a personal injury claim. This is because each client has an interest conflict. This can be overcome by establishing a separate contract between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.