motor vehicle accident attorneys Vehicle Powers of Attorney

In many cases, multiple parties share responsibility for an accident. In these instances, a jury could award damages to the victim depending on their percentage of negligence.

While DMV hearings aren't related to criminal court, a skilled NYC traffic lawyer can make a huge difference in the outcome of your case. Gannes & Musico LLP has a wealth of experience in representing clients at these hearings.

Power of Attorney

A power of attorney is a legal document that allows a person to authorize another to perform actions in his or her name. The document can grant a wide or limited range of powers and must be prepared in accordance with State law. The document must be signed or notarized by a notary or a witness. A motor vehicle accident Lawsuits vehicle power of attorney grants the agent authority to handle auto-related duties and may include the power to sell a car for instance. You can make a Power of Attorney on your own if you contact your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. Alternately, you can ask someone else to do the task for you.

Third parties could refuse to respect Powers Of Attorney. It could be because of several reasons. In some cases refusals can cause harm to the Principal. The third party could be held responsible for these damages.

To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent can't assume title to any real estate or property owned by the principal unless explicitly stated in the document. The document should also stipulate that the agent should submit to an outside party a report of all transactions and any other matters in which they are acting on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision in the event that DMV makes a decision that is discretionary against you (such as a license suspension for refusing a breathalyzer). Hearings are held in person or via phone, and are typically held before a safety driver hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed, during the hearing. Then you're able to present evidence that is affirmative (documents, witnesses or your own testimony) to attack DMV's evidence in closing arguments, and ask questions of the hearing officer.

In the end, winning an DMV hearing depends largely on the circumstances of your case, but you are more likely to prevail by hiring an attorney. An attorney can assist in determining whether there were any mistakes made by the officers in your case during your arrest. For example they may not have advised you that you would lose your license if refused a breath test.

Although you are not required to have an attorney present at a DMV hearing by law hiring a NYC DMV lawyer will make the process much easier. A lawyer is well-versed in all the laws that apply to these cases and can help effectively present your case. They can also help you avoid being unfairly penalized at the DMV.

Suspension of License

If you are found guilty of specific criminal or traffic offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually the suspension or revocation is in effect until you have completed all steps necessary to obtain your license reinstated.

Your driver's license could be suspended for various reasons, based on the state in which you reside. For instance in states that employ points system, the accumulation of too many points may lead to an automatic suspension of your license. A judge can also detain your license for traffic violations. In the majority of instances, the court will allow you to drive with a restricted driving permit during the period of suspension or cancellation.

In certain states, your driver's license can be revoked if you have been convicted of certain crimes like DUIs or vehicular manslaughter. Additionally, your license can be suspended for failure to pay back child support or other civil debts. The license may be revoked in the event that you suffer from a medical condition which makes it unsafe to operate the vehicle.

Your New York lawyer can help you determine the status of your license and the best way to proceed. They will explain that in the majority of cases, you have the right to an hearing before the DMV if your license is suspended.

Representation

A representation letter is a very important document that an attorney sends to the person he plans to sue. This puts the other party in the loop that they have a representative that will speak on their behalf and also permits the attorney to ask for details and documents from that party.

A large number of motor vehicle accidents are built on the tort principle of negligence. Negligence can be defined as inability to exercise the level of care a prudent person would have employed under similar circumstances. Car accidents are often caused or influenced by a variety of causes. A driver's negligence could include driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic signs. Distracted driving, like using your cellular phone while driving or applying makeup, is a further reason.

In some instances, two people injured in an accident with a vehicle need the same lawyer to represent them. It is unethical for an attorney to represent both a driver and an injured person in a personal injuries claim. This is due to each client having a conflict of interest. This can be resolved by creating a separate agreement between each client. Alternately, each client can hire their own lawyer to start a lawsuit against the adverse driver.