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motor vehicle accident law firms Vehicle Powers of Attorney

Often it is the case that multiple parties share responsibility for an accident. In these instances, a jury may apportion the amount of damages awarded to the injured party based on their percentage of negligence.

Although DMV hearings do not have to be connected to criminal court, an experienced NYC traffic lawyer can make a substantial impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients at these hearings.

Power of Attorney

A power of attorney is a document that permits the person to authorize someone else to perform actions in his or her name. The document can grant a broad or limited scope of powers and must be drafted in accordance with State law. The document must be signed by the signer or notarized before a notary public or a witness. A motor vehicle accident lawsuits vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the ability to sell a vehicle, for example. You can prepare the Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or visit a free legal site like eForms.com or NYLawHelp. You could also ask someone to assist you.

Third parties sometimes refuse to comply with 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 responsible for these damages.

To avoid this, it is important to ensure that the Power of Attorney include language informing the agent that he or she cannot be the owner of any real estate or other property owned by the principal unless explicitly stated in the document. The document should also stipulate that the agent must report to a third party an account of all transactions and other issues in which they act on behalf of their principal.

DMV Hearings

If DMV has a discretionary decision against your driving privilege (such as license suspension for refusing to take an alcohol test) You can request be heard to challenge the decision. Hearings are held in person or over the telephone, and are generally held in front of the DMV driver safety hearing officer. The hearing is conducted by DMV goes first, presenting all of its evidence against you including any testimony of witnesses it has subpoenaed. You can then present affirmative evidence, such as documents, witnesses or your testimony. You can also make closing arguments to smear DMV and ask questions to the hearing officer.

You are more likely to prevail at an DMV hearing if you employ an attorney. An attorney can help you determine whether any mistakes were made by the police officers during your arrest. For example, they may not have told you that you could lose your license if refused a breath test.

While you're not legally required to employ an attorney present at the DMV hearing, hiring an NYC DMV attorney can make the process much simpler. A lawyer is well-versed in all the laws that apply to these kinds of cases and can help present your case in a professional manner. In addition, they can assist in preventing you from being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges when you are found guilty of specific traffic violations or other legal violations. The suspension or suspension of your license is generally remain in effect until you've completed the steps required to get it back.

Your driver's licence can be suspended for various reasons, based on the state in which you live. In states that require points, for example excessive accumulation of points could cause a suspension. A judge can also suspend your license if there is an offense in traffic. In most instances, the court will allow you drive with a restricted driving license during the suspension or the revocation.

In certain states, your license could be suspended if you've been convicted of specific crimes, such as DUIs or vehicular murder. Additionally your license could be suspended if you have not paid back child support or other civil debts. Your license can be revoked in the event that you suffer from a medical condition that makes it unsafe for you to operate a vehicle.

Your New York lawyer can help you determine the condition of your license and the best way to proceed. The lawyer will explain that in many cases, you're entitled to an appearance before the DMV if your license is suspended.

Representation

A representation letter is an important piece of paper that a lawyer delivers to the person they will be suing. This puts the other party on notice that they now have a representative who will speak on their behalf and also allows the attorney to ask for details and documents from that party.

A lot of motor vehicle accident claims are based on negligence, which is a tort. Negligence is defined as the failure to use the degree of care that a reasonably prudent person would have applied under similar circumstances. Car accidents typically involve a variety of factors that could cause or contribute to the incident. For example, a driver's negligence can include driving impaired by alcohol or drugs, speeding or not paying attention to traffic signals. Other factors include distracted driving such as using a cellular phone or attempting to apply makeup while driving.

There are some instances where two people who have been injured in a car crash want the same attorney to represent them. It is, however, ethically improper for one attorney to represent both the passenger and a driver in a personal injury claim. This is due to each client having conflicts of interest. This can be avoided by drafting separate agreements for each client. Alternately, the passengers can hire their own lawyers to file a suit against the driver.