motor vehicle accident lawyers Vehicle Powers of Attorney

Many parties are usually responsible for the accident. In such cases, a jury may apportion the amount of damages awarded to the victim in proportion to their share of negligence.

While DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney will make a major impact on the outcome of your case. Gannes & Musico, LLP has a wealth of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that permits an individual to authorize another to perform actions in his or her name. The document can grant a wide or limited scope of powers and must be prepared in accordance with the law of the State. The document must be signed or notarized before a notary public or witness. A motor vehicle accident lawsuits vehicle power of attorney grants the agent the authority to take care of vehicle-related responsibilities and may include the ability to sell a vehicle, for example. If you want to prepare a Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. Alternatively, you can ask someone else to do the task for you.

Third parties may not honor Powers of Attorney. This can be for many reasons. In some instances, the refusal causes harm to the Principal, and the third party could be held responsible for the damages.

To avoid this it is essential to ensure 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 provide that the agent must report 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

If DMV has a discretionary decision against your driving privilege (such as license suspension for refusing to take a breath test) you are entitled to have a hearing to challenge the decision. Hearings can be held in person or over the telephone, and are usually held in front of a driver safety hearing officer from DMV. At the hearing, DMV starts by presenting all evidence it has against you including any witness testimony it has subpoenaed. Then you're able to provide evidence in support of your claim (documents or witnesses, or even your own testimony) challenge the case of DMV in closing arguments and ask questions of the hearing officer.

Winning the DMV hearing is dependent on the specifics of your case, however you are more likely to win by hiring an attorney. An attorney can help you determine the extent of any errors made by the police during your arrest. For example, they may not have told you that you could lose your license if you refused a breath test.

While you're not legally required to have an attorney at a DMV hearing however, hiring a NYC DMV lawyer can make the process more efficient. An attorney is knowledgeable about all the laws that apply to these kinds of cases and will help you present your case in a professional manner. Additionally, they can assist you in avoiding being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges if you are found guilty of specific traffic offenses or legal violations. The suspension or revocation of your license will typically remain in effect until you've completed all the necessary steps to get it back.

The state in which you live, there are many different reasons why your driver's license may be suspended. For instance, in states that use a point system, accumulation of too many points can lead to a license suspension. A judge can also suspend your license for violations of traffic law. In the majority of instances the court will let you drive with an restricted driving permit during the suspension or the revocation.

In some states, your license could be suspended if you've been found guilty of certain crimes like DUIs or vehicular manslaughter. Your license may also be revoked when you are unable to pay back child support or other civil debts. The license may be suspended if you suffer from a medical condition that renders you unfit to operate the vehicle.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. The lawyer will explain that in most instances, you are entitled to a hearing before the DMV in the event of your license being suspended.

Representation

A representation letter is a crucial piece of paper that lawyers must send to the person they'll be suing. This puts the other party on notice that they now have a representative who will represent them and allows the attorney to ask for information and documents from that party.

A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined as the failure to exercise the degree of care expected of someone who is prudent in similar circumstances. Car accidents are often caused or influenced through a variety factors. For instance, a driver's negligence can include driving impaired by alcohol or drugs, speeding up or disregarding traffic signals. Distracted driving, such as using a cell phone while driving, or applying makeup, is a further reason.

There are certain instances where two people injured in a car accident need the same lawyer to represent them. It is, however, ethically unwise for one attorney to represent both the driver and passengers in a personal injury lawsuit. This is because each client has a conflict of interest. This can be overcome by establishing a separate agreement between each client. Alternately, each client can hire his or her own lawyer to make a claim against the driver who was at fault.