What Experts Say You Should Learn

motor vehicle accident law firms Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these cases jurors can award damages to the injured party depending on their percentage of negligence.

Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic lawyer can make a substantial impact on the outcome of your case. Gannes & Musico, LLP has years of experience representing clients in these hearings.

Power of Attorney

A power of attorney is a document that allows an individual to authorize another to act in his or her name. The document can grant broad or limited powers, and must be drafted in accordance to state law. It must also be signed and notarized in the presence of a witness or a notary public. A motor vehicle accident law firms vehicle power-of attorney grants the agent the power to perform duties related to vehicles that could include selling a car. You can prepare a 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. You can also hire someone else to handle the work for you.

Third parties could refuse to accept Powers Of Attorney. It can be due to a number of reasons. In some instances the refusal could cause harm to the Principal. The third party may be held accountable for these damages.

To avoid this it is essential to ensure that the Power of Attorney include language informing the agent that he or she cannot claim title to any real property or other asset that is owned by the principal unless otherwise stated in the document. The document should also state that the agent is required to provide a third party with an account of every transaction and other matter that they perform on behalf of their principal.

DMV Hearings

You are entitled to an appeal hearing if DMV decides to take a discretionary action against you (such as a license suspension for refusing breathalyzer testing). These hearings are conducted either in person or by phone, and are usually held in front of a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. You are then able to present your own evidence, including documents, witnesses or your testimony. You can also make closing arguments to attack DMV and ask questions to the hearing official.

Achieving a DMV hearing depends largely on the circumstances of your case, however you are more likely to win by hiring an attorney. An attorney can assist you to determine if the officers who were involved in your case made mistakes during your arrest, such as not clearly informing you that your license will be suspended if you refused to take an breath test.

Although you aren't legally required to hire an attorney present at a DMV hearing, hiring a NYC DMV attorney can make the process much simpler. A lawyer will be well-versed in the laws that govern these kinds of cases, and can help you to present your case as effectively as you can. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your license and driving privileges if you're found to be guilty of certain traffic offenses or violations. Typically, the suspension or revocation is in effect until you have completed all the steps required to get your license reinstated.

Based on the state in which you live, there are many different reasons why your driver's license may be suspended. In states that rely on points, for example excessive accumulation of points could lead to being suspended. Additionally an judge could also decide to have your license suspended in the event of a traffic violation. In the majority of instances, the court will allow you to drive on a limited driving permit for the duration of suspension or revocation.

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

Your New York lawyer will help you determine the condition of your license and the best to proceed. He or she will explain that in the majority of circumstances, you are entitled to an hearing before the DMV if your license is suspended.

Representation

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

Many motor vehicle accident cases are founded on the tort theory of negligence. Negligence is defined by a failure to exercise the degree of care expected from someone who is prudent in the same circumstances. Automobile accidents usually involve multiple factors which may cause or contribute to the accident. A driver's negligence could include driving while under the influence of alcohol or drugs, speeding, or disregarding traffic warnings. Driving distracted, for example, using your cellular phone while driving, or applying makeup, is a separate reason.

There are instances where two victims in a car accident want the same lawyer to represent them. But, it is ethically improper for one attorney to represent both a driver and passengers in a personal injury claim. This is due to each client having conflicts of interest. This is avoided by drafting separate agreements for each client. Or, they can hire their own lawyers to file a lawsuit against the driver.