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motor vehicle Accident Lawyers Vehicle Powers of Attorney

Multiple parties are often responsible for the accident. In these situations jurors can award damages to the victim according to their percentage of negligence.

Although DMV hearings do not have to be criminal court-related, an experienced NYC traffic lawyer can make a substantial difference in the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients in these hearings.

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document may confer broad or limited powers and must be prepared in accordance to state law. The document must be signed by the signer or notarized by a notary or a witness. A motor vehicle accident law firm vehicle power of attorney grants the agent the power to perform duties relating to the vehicle, which may include selling a car. If you want to prepare an Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also ask a friend to do it.

Third parties sometimes refuse to honor motor vehicle accident lawyers Powers of Attorney. This can be for a variety of reasons. In some instances the refusal causes harm to the Principal, and the third party can be held responsible for the damages.

To prevent this from happening to avoid this, the Power of Attorney should include language that states that the agent is not able to be the owner of any real estate or property owned by the principal, unless explicitly stipulated in the document. The document should also provide that the agent should submit to an outside party a report of all transactions and other issues in which he or she acts on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision if DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). These hearings can be conducted in person or over the phone, and are typically conducted by the DMV driver safety hearing officer. In the hearing, DMV begins by presenting all evidence it has against you, including any witness testimony it has subpoenaed. Then, you can present affirmative evidence, such as documents, witnesses or even your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer.

You are more likely to prevail at the DMV hearing if hiring a lawyer. An attorney can assist in determining whether any mistakes were made by the officers in your case during your arrest. For example, they may not have informed you that you would lose your license if refused a breath test.

Although you aren't required to bring an attorney at the time of a DMV hearing under the law, hiring a NYC DMV lawyer can make the process more efficient. A lawyer is well-versed in all the laws applicable to these kinds of cases and will 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 license and driving privileges in the event that you are found to be guilty of certain traffic offenses or legal violations. Usually the suspension or revocation remains in effect until you complete all required steps to get your license reinstated.

Your driver's licence can be suspended due to a variety of reasons, based on where you reside. In states that require points, for instance having too many points could result in the suspension. A judge may also revoke your license in the event of violations of traffic law. In the majority of cases, a court will permit you to drive with a restricted driving license during the period of suspension or cancellation.

In certain states, your license could be revoked for certain crimes, including DUIs and vehicular manslaughter. Your license can be suspended if you fail to pay back child support, or any other civil debts. Your license can also be revoked if suffer from a medical condition which makes it unsafe to operate the vehicle.

Your New York lawyer will help you determine the state of your license, and how best to proceed. They will explain that in the majority of circumstances, you are entitled to a hearing before the DMV if your license is being suspended.

Representation

A representation letter is an important document that an attorney must send to the person they want to sue. The letter informs the other party that they have a representative that will represent them. It also permits the lawyer to request information and documents from the other party.

A lot of motor vehicle accident lawyers vehicle accident claims are due to negligence, which is a tort. Negligence can be defined as a failure to exercise the level of care expected from someone who is reasonably prudent under similar circumstances. Accidents involving cars are usually caused or contributed to by multiple factors. A driver's negligence could include driving under the influence of alcohol or drugs driving too fast, speeding up, or not obeying traffic warnings. Other factors include distracted driving such as using a mobile phone or attempting to put on makeup while driving.

In some cases there are instances where two victims of an accident in a vehicle want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injuries claim. Each client has a conflict. This can be avoided by creating separate agreements between the clients. Alternately, each client can employ their own lawyer to start a lawsuit against the adverse driver.