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motor vehicle accident lawsuits Vehicle Powers of Attorney

In most cases there are multiple parties who share the blame for an accident. In these situations the jury may award damages to the injured party depending on their percentage of negligence.

Even though DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico LLP has years of experience representing clients at these hearings.

Power of Attorney

A power of attorney is a legal document that allows a person to authorize another to perform acts in his or her name. The document can confer broad or limited powers, and must be prepared in accordance with the state's law. It must also be signed and notarized in the presence of a witness or notary public. A motor vehicle accident lawyers vehicle power-of-attorney gives the agent the power to perform responsibilities related to vehicles that could include selling a car. You can prepare a Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or you can use a legal website such as eForms.com or NYLawHelp. You could also ask someone to do it.

Third parties may refuse to respect Powers Of Attorney. It could be because of various 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 it is essential that the Power of Attorney include language indicating that the agent cannot have title to any real estate or other property that is owned by the principal unless otherwise stated in the document. The document should also state that the agent is required to give a third-party a summary on all transactions and other matters that they handle on behalf of their principal.

DMV Hearings

If DMV decides to take a discretionary action against your right to drive (such as license suspension due to refusing to take an alcohol test) you have the right to an appeal hearing to contest the decision. Hearings are held in person or via phone, and are typically held before a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed, at the hearing. It's your turn to provide evidence in support of your claim (documents or witnesses, or even your own testimony) to attack DMV's evidence in closing arguments, and ask questions to the hearing officer.

Achieving the DMV hearing is largely contingent on the circumstances of your case, however you are more likely to win by hiring an attorney. A lawyer can help determine whether any mistakes were made by the police during your arrest. For instance, they may not have advised you that you could lose your license if you did not take a breath test.

Although you aren't legally required to use an attorney for the DMV hearing, hiring an NYC DMV attorney will make the process easier. An attorney is well-versed regarding the laws governing these kinds of cases, and can assist you to present your case as efficiently as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

If you are found guilty of specific traffic or legal offenses or other violations, the Department of Motor Vehicles may suspend your license and driving privileges. Usually, the suspension or revocation will stay in effect until the time you complete all steps necessary to obtain your license back.

Based on the state in which you reside there are a variety of reasons why your driver's license could be suspended. For instance, in states that use a point system, accumulation of too many points can result in a license suspension. A judge may also revoke your license if there is an offense in traffic. In most cases, a court will allow you to drive using a restricted driving permit during the time of suspension or cancellation.

In some states, your license could be revoked if been found guilty of certain offenses like DUIs or vehicular manslaughter. Your license could be revoked if do not pay back child support or other civil debts. The license may be revoked in the event that you suffer from a medical condition that renders you unfit to operate an automobile.

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

Representation

A representation letter is a very important document that attorneys send to the person he plans to sue. This notifies the other party that they have a representative that will speak on their behalf. It also allows the lawyer to request information and documents from the other party.

Many motor vehicle accident cases are built on the tort principle of negligence. Negligence is defined by a inability to exercise the level of care that would be expected of someone who is reasonably prudent under the same circumstances. Accidents involving cars often involve multiple factors which may cause or contribute to the incident. For instance, driver's negligence can include driving when impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Driving distracted, for example, using your mobile phone while driving, or applying makeup is a different factor.

There are situations where two people who are injured in a car accident need the same attorney to represent them. However, it is ethically improper for one attorney to represent both a passenger and a driver in a personal injury lawsuit. This is because each client has a conflict of interests. This can be resolved by creating a separate agreement between each client. Or, they can hire their own lawyers to file a suit against the driver.