motor vehicle accident lawsuits Vehicle Powers of Attorney

Often it is the case that multiple parties share responsibility for motor vehicle accidents an accident. In these situations, a jury could award damages to the injured party in proportion to their percentage of negligence.

Even though DMV hearings are not a part of criminal court, an experienced NYC traffic lawyer can make a huge difference in the outcome. Gannes & Musico, LLP has a wealth of experience representing clients in these hearings.

Power of Attorney

A 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 wide or limited scope of powers and must be drafted according to State law. The document must be signed by the signer or notarized in front of a notary public or witness. A motor vehicle accidents vehicle power of attorney grants an agent the power to handle vehicle-related responsibilities and may include the power to sell a car, for example. You can make an Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternately, you can request someone else to complete the task for you.

Third parties are sometimes unable to respect Powers of Attorney. This could be due to many reasons. In some instances the refusal can cause harm to the Principal, and the third party may be held liable for those damages.

To avoid this, to avoid this, the Power of Attorney should include language that states that the agent will not assume title to any property or real estate owned by the principal without being explicitly specified in the document. The document should also mention that the agent is required to provide a third party with the details of any transactions or other matters that they handle on behalf of their principal.

DMV Hearings

You have the right to appeal a decision when DMV makes a decision that is discretionary against you (such as refusal to take breathalyzer tests). Hearings can be held in person or via the phone, and are typically conducted by a DMV driver safety hearing officer. At the hearing, DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. Then, you get to provide evidence in support of your claim (documents or witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions to the hearing officer.

In the end, winning a DMV hearing is contingent upon the facts of your case, however you are more likely to win by hiring an attorney. A lawyer can assist you to determine if the police officers who were involved in your case committed mistakes during your arrest, such as not letting you know that your license would be suspended if you refused to take the breath test.

Although you aren't required to bring an attorney at the time of a DMV hearing having a NYC DMV lawyer can make the process easier. An attorney is well-versed with the laws applicable to these types of cases, and can assist you to present your case as effectively as you can. They can also assist you to avoid being unfairly penalized at the DMV.

Suspension of License

If you are found guilty of certain criminal or traffic offenses, the Department of Motor Vehicles may suspend your license and driving privileges. Typically the suspension or revocation will remain in effect until you've completed all steps necessary to obtain your license back.

Your driver's licence can be suspended for many reasons, based on where you live. States that use points, for example, accumulating too many can lead to the suspension. In addition, a judge can also require your license to be suspended in the event of a traffic violation. In the majority of instances the court will let you to drive on restricted driving permits during your suspension or the revocation.

In some states your license can be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license could be suspended if you don't pay child support or other civil debts. Your license may 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 will help you to determine the status of your license and determine the best to proceed. He or she will explain to you that in most instances, if your license has been suspended, you have the right to an hearing at the DMV.

Representation

A representation letter is an important document that an attorney must send to the person he plans to sue. This puts the other party on notice that they have a representative that will represent them and also permits the attorney to ask for details and documents from that party.

Many motor vehicle accidents are based on negligence, which is a tort. Negligence is defined by a inability to exercise the standard of care that would be expected of someone who is reasonably prudent under similar circumstances. Automobile accidents are often caused or influenced by multiple factors. For instance, a driver's negligence can include driving under the influence of alcohol or drugs, or speeding or not paying attention to traffic signals. Other reasons include distracted driving such as using a mobile phone or trying to apply makeup while driving.

There are certain instances in which two victims in a car crash want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and the other person in a personal injury case. Each client is in conflict. This can be avoided by drafting separate agreements between the clients. Alternatively, each passenger can employ their own lawyer to file a lawsuit against the adverse driver.