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motor vehicle accident law firms Vehicle Powers of Attorney

Frequently it is the case that multiple parties share responsibility for an accident. In these instances the jury may decide to distribute damages to the victim in proportion to their share of negligence.

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

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a broad or limited set of powers and must be prepared in accordance with the law of the State. It must also be notarized and signed in the presence of a notary or witness public. A motor Vehicle accident lawsuits vehicle power of attorney grants the agent the authority to take care of the responsibilities of a vehicle and could include the ability to sell a vehicle, for instance. 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 like eForms or NYLawHelp. You can also ask someone to help you prepare it.

Third parties could refuse to accept Powers Of Attorney. This could be due to different reasons. In some instances refusals can cause harm to the principal. The third party may be held accountable for the damages.

To avoid this, to prevent this from happening, the Power of Attorney should include words that state that the agent cannot assume title to any real estate or property owned by the principal, unless explicitly specified in the document. The document should also specify that the agent has to submit to an outsider a summary of all transactions, as well as any other circumstances in which they act on behalf of the principal.

DMV Hearings

You are entitled to appeal a decision when DMV decides to take a 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 telephone, and are usually conducted by a driver safety hearing officer from DMV. DMV will present all its evidence against the person, including any witnesses it has subpoenaed, at the hearing. Then you're able to present evidence that is affirmative (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

You are more likely to prevail at the DMV hearing if you engage an attorney. A lawyer can help to determine if the officers involved in your case made any mistakes during the arrest, for instance, not letting you know that your license could be suspended if you refused to take the breath test.

Although you aren't legally required to have an attorney at the DMV hearing, hiring an NYC DMV attorney will make the process easier. A lawyer will be well-versed in the laws that govern these kinds of cases and Motor vehicle accident lawsuits will help you present your case as efficiently as is possible. Additionally, they will help to prevent you from being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your driving privileges and license if you're accused of certain traffic offenses or violations. The suspension or cancellation of your license will generally remain in effect until you have completed all the required steps to get it back.

Your driver's license may be suspended for many reasons, based on where you reside. For instance in states that employ points system, the accumulation of too many points may result in an automatic suspension of your license. In addition, a judge can also order your license to be suspended for a traffic offense. In the majority of instances, courts will permit you to drive using a restricted driving permit for the duration of suspension or cancellation.

In some states your license may be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license could be revoked if fail to pay back child support or other civil debts. Your license could also be revoked if you suffer from a medical issue that makes it unsafe to operate in a vehicle.

Your New York lawyer can help you determine the validity of your license and the best way to proceed. He or she will explain to you that in the majority of cases, if you're license was suspended, you are entitled to an interview at the DMV.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the party they will be suing. This puts the other party in the loop 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.

A lot of motor vehicle accident claims are due to negligence, which is a tort. Negligence is defined by a inability to exercise the level of care that would be expected of someone who is reasonably prudent under similar circumstances. Automobile accidents usually involve multiple factors which may cause or contribute to the incident. For instance, driver's negligence can include driving while impaired by alcohol or drugs, speeding or disregarding traffic signals. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.

In some instances when two people are injured in an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injury lawsuit. Each client is in conflict. This can be avoided by drafting distinct agreements between each client. Alternately, each client can employ their own lawyer to start a lawsuit against the driver that caused the issue.