motor vehicle Accident lawsuits Vehicle Powers of Attorney
Frequently there are multiple parties who share the blame for an accident. In these situations the jury can distribute damages to the victim by determining their percentage of negligence.
Although DMV hearings are not associated with criminal court, a seasoned NYC traffic attorney can make a significant impact on the outcome of your case. Gannes & Musico LLP has many years of experience representing clients at these hearings.
Power of Attorney
A power of attorney is an official document that permits one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant a broad or limited power and must be drafted in accordance with State law. It must be signed and/or notarized in the presence of a witness or a notary public. A
motor vehicle accident law firm vehicle power-of attorney grants the agent the authority to perform responsibilities related to vehicles that could include selling a car. You can create a Power of Attorney yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You can also ask someone to do it.
Third parties can refuse to comply with Powers Of Attorney. This can be for many reasons. In some cases the refusal can cause harm to the Principal and the third party can be held liable for those damages.
To prevent this from happening, the Power of Attorney should include language that states that the agent cannot assume title to any real estate or property owned by the principal without being explicitly stipulated in the document. The document should also state that the agent submits to an outside party a summary of all transactions as well as any other circumstances in which they are acting on behalf of the principal.
DMV Hearings
You have the right to appeal a decision if DMV decides to take a discretionary action against you (such as a license suspension for refusing breathalyzer testing). These hearings can take place in person or via the telephone, and are usually held before a DMV driver safety hearing officer. In the hearing, DMV starts by presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. Then it's your turn to provide evidence in support of your claim (documents and witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.
Winning a DMV hearing depends largely on the facts of your case, but you are more likely to prevail by hiring an attorney. An attorney can assist you to determine if the police officers involved in your case made any mistakes during the arrest, like not clearly informing you that your license could be suspended if it was not possible to take a breath test.
While you are not legally required to use a lawyer for the DMV hearing, hiring a NYC DMV attorney can make the process much simpler. An attorney is well-versed in the laws that govern these types of cases, and can help you to present your case as effectively as you possibly can. In addition, they can help to prevent you from being unfairly penalized by the DMV.
Suspension of License
If you are accused of certain criminal or traffic violations, the Department of
motor vehicle accident lawyer Vehicles may suspend your license and driving privileges. The suspension or suspension of your license is usually remain in place until you have completed all the required steps to get it back.
Depending on the state where you reside there are a variety of reasons your driver's licence could be suspended. In states that require points, for example having too many points could result in the suspension. Additionally to that, a judge may require your license to be suspended if you are convicted of a traffic crime. In most instances, courts will permit you to drive with a limited driving license during the period of your suspension or cancellation.
In some states, your license may be revoked if been convicted of specific crimes like DUIs or vehicular manslaughter. Additionally your license may be revoked if you fail to pay back child support or other civil debts. You can also lose your license if suffer with a medical condition that makes driving a car unsafe.
Your New York lawyer will help you determine the state of your license and determine the best to proceed. They will explain that in most cases, you have the right to an appearance before the DMV if your license is being suspended.
Representation
A representation letter is a very important document that an attorney sends to the person they want to sue. This puts the other party in the loop that they now have a representative who will represent them and also permits the lawyer to request details and documents from that party.
A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined as inability to exercise the level of care a prudent person would have applied in similar circumstances. Car accidents are often caused or contributed to by a variety of factors. For instance, driver's negligence can include driving when impaired by alcohol or drugs, or speeding or disregarding traffic signals. Driving distracted, for example, using your mobile phone while driving, or applying makeup is a different aspect.
There are certain instances where two people injured in a car accident need the same attorney to represent them. But, it is ethically unwise for one attorney to represent both a passenger and a driver in a personal injury case. This is due to each client having an interest conflict. This is avoided by drafting separate agreements between each client. In addition, each passenger could hire their own lawyer to bring a lawsuit against the driver that caused the issue.