motor Vehicle accident law firms Vehicle Powers of Attorney

A number of parties are often at fault for the accident. In these instances, a jury may apportion the award of damages to the injured party by determining their percentage of negligence.

While DMV hearings aren't connected to criminal court, an experienced NYC traffic attorney can make a huge impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients at these hearings.

Power of Attorney

The power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant broad or limited powers and must be drafted according to the laws of the state. It must also be signed and notarized in the presence of a witness or motor vehicle accident law firms notary public. A motor vehicle power of attorney gives the agent the authority to manage car-related obligations and could also include the ability to sell a vehicle, for instance. You can draft the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or use a free legal website such as eForms.com or NYLawHelp. You could also ask someone to do it.

Third parties can refuse to accept Powers of Attorney. This can be for many reasons. In some cases refusals can cause harm to the Principal. The third party could be held accountable for damages.

To prevent this from happening to avoid this, the Power of Attorney should include words that state that the agent can't claim title to any property or real estate owned by the principal unless specifically stated in the document. The document should also mention that the agent is required to give a third-party an overview of all transactions and other issues that they conduct on behalf of their principal.

DMV Hearings

If DMV orders a discretionary action against your right to drive (such as a license suspension for refusing to take the breath test), you have the right to a hearing to challenge the decision. Hearings can be held in person or over the telephone, and usually conducted in front of an DMV driver safety hearing officer. DMV presents all its evidence against the person, including witnesses it has subpoenaed, during the hearing. You can then present affirmative evidence, including documents, witnesses or even your testimony. You may also present closing arguments to smear DMV and ask questions to the judge.

It is more likely that you will win the DMV hearing if you engage a lawyer. A lawyer can assist you to determine if the officers who were involved in your case committed any mistakes during the arrest, like not indicating clearly that your license will be suspended if it was not possible to take an breath test.

While you're not required to bring an attorney present at the time of a DMV hearing, hiring a NYC DMV lawyer can make the process easier. An attorney is knowledgeable about all the laws that apply to these types of cases and can help you present your case effectively. They can also help you avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your driving privileges and license if you're found guilty of specific traffic violations or other legal violations. The suspension or cancellation of your license will normally remain in place until you've completed all the necessary steps to obtain it back.

Depending on the state in which you reside there are a variety of reasons that your driver's license may be suspended. In states that use points, for example excessive accumulation of points could result in being suspended. A judge can also detain your license in the event of violations of traffic law. In most instances, the court will allow you to drive on a restricted driving permit during your suspension or the revocation.

In certain states, your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. Your license can also be revoked when you do not pay back child support, motor vehicle accident law Firms or other civil debts. Your license can be revoked in the event that you suffer from a medical condition which makes it unsafe for you to operate the vehicle.

Your New York lawyer can help you determine the status of license and the best method to take. He or she will explain to you that in most cases, if your license has been suspended, then you are entitled to an hearing at the DMV.

Representation

A representation letter is a very important document that attorneys send to the person they want to sue. This puts the other party on notice that they now have a representative who will speak on their behalf, and it also allows the lawyer to request documents and information from the party.

Many motor vehicle accidents are based on negligence, a tort. Negligence can be defined as inability to exercise the level of care that a reasonably prudent person would have employed under similar circumstances. Automobile accidents usually involve multiple elements that could lead to or contribute to the accident. A driver's negligence may include driving while under the influence of drugs or alcohol, speeding, or disregarding traffic warnings. Driving distracted, for example, using your cell phone while driving, or applying makeup, is a further factor.

In some instances, two people injured in an accident in a vehicle want the same lawyer to represent them. However, it is ethically wrong for a single attorney to represent both the passenger and driver in a personal-injury claim. Each client has a conflict. This can be avoided by drafting separate agreements for each client. Or, each person can hire his or her own lawyer to file a lawsuit against the driver who was at fault.