motor vehicle accident law firms Vehicle Powers of Attorney

In many cases it is the case that multiple parties share responsibility for an accident. In such cases, a jury may apportion the damages awarded to the victim by determining their percentage of negligence.

Although DMV hearings don't involve criminal court, a knowledgeable NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.

Power of Attorney

A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document may grant a broad or limited scope of powers and must be drafted according to State law. The document must be signed by the signer or Motor Vehicle Accident notarized before a notary public or witness. A motor vehicle power-of attorney grants the agent the power to perform duties relating to the vehicle, which may include selling a car. You can make the Power of Attorney on your own by contacting your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. Or, you could request someone else to complete the task for motor vehicle accident you.

Third parties may refuse to respect Powers Of Attorney. This can be for a variety of reasons. In some cases the refusal could cause harm to the Principal. The third party may be held accountable for these damages.

To avoid this, the Power of Attorney should include language that states that the agent can't assume title to any real estate or property owned by the principal, unless explicitly stated in the document. The document should also provide that the agent has to submit to an outside party a summary of all transactions, as well as any other issues in which the agent acts on behalf of the principal.

DMV Hearings

You have the right to appeal a decision If DMV or other agency decides to take discretionary action against you (such as refusal to take a breathalyzer). These hearings can take place in person or by telephone, and are usually conducted by an DMV driver safety hearing officer. DMV will present all its evidence against the person, including witnesses it has subpoenaed, during the hearing. Then, you get to present evidence of affirmative nature (documents and witnesses, or your own testimony), attack DMV's case in closing arguments, and ask questions to the hearing officer.

You are more likely to win in a DMV hearing if you employ a lawyer. An attorney can help you determine whether there were any mistakes made by the officers during your arrest. For example, they may not have warned you that you would lose your license if refused to take a breath test.

While you're not legally required to have a lawyer for a DMV hearing, hiring a NYC DMV attorney can make the process simpler. A lawyer is well-versed in the laws that apply to these kinds of cases and can help you present your case effectively. Additionally, they can assist you in avoiding being unfairly penalized by the DMV.

Suspension of License

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

Depending on the state in which you live there are a variety of reasons your driver's licence can be suspended. States that use points, for example the accumulation of too many points can result in being suspended. In addition, a judge can also ordain your license to be suspended for a traffic conviction. In the majority of instances, the court will allow you to drive with a restricted driving permit during the time of suspension or cancellation.

In some states, your driver's license can be suspended if you've been convicted of specific crimes, such as DUIs or vehicular murder. Additionally, your license can be revoked if you fail to pay back child support or other civil debts. The license may be revoked in the event that you have a medical condition that makes it unsafe for you to operate a vehicle.

Your New York lawyer can help you determine the status of your license and the best way to proceed. He or she will explain that in the majority of instances, you are entitled to an interview with the DMV if your license is being suspended.

Representation

A representation letter is a crucial piece of paper that a lawyer sends to the party they will be suing. This puts the other party on notice that they now have a representative who will represent them and also permits the lawyer to request documents and information from the party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence can be defined as a failure to exercise the degree of care that would be expected of a person who is reasonably prudent under the same circumstances. Accidents in the automobile are usually caused or contributed to by multiple factors. For instance, a driver's carelessness could result in driving impaired by alcohol or drugs, or speeding or disregarding traffic signals. Other causes include driving distracted, like using a cell phone or trying to apply makeup while driving.

There are instances in which two people who have been injured in a car crash want the same lawyer to represent them. But, it is ethically wrong for a single attorney to represent both a passenger and driver in a personal injury case. This is because each client has conflicts of interest. This can be overcome by creating a separate agreement between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.