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motor vehicle accident attorneys Vehicle Powers of Attorney

In many cases when multiple parties are responsible for an accident. In such situations the jury can distribute the award of damages to the injured party in proportion to their share of negligence.

Although DMV hearings do not have to be related to criminal court, a skilled NYC traffic attorney can make a significant difference in the outcome of your case. Gannes & Musico, LLP has extensive experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a document that permits a person to authorize another to act in his or her name. The document may grant broad or limited powers and must be drafted according to the laws of the state. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle accident lawsuit vehicle power-of-attorney grants the agent the authority to perform vehicle-related duties, which may include selling a car. You can prepare an Power of Attorney by yourself if you contact your local Department of Motor Vehicles, or go to a legal website such as eForms.com or NYLawHelp. You can also ask someone to help you prepare it.

Third parties can refuse to respect Powers of Attorney. It can be due to many reasons. In some cases the refusal may cause harm to the Principal and the third party can be held accountable for the damages.

To prevent this from happening it is essential that the Power of Attorney include language informing the agent that he or she cannot take title to any real estate or other property owned by the principal, unless otherwise specifically stated in the document. The document should also mention that the agent must provide a third party with an overview of all transactions and other issues that they conduct on behalf of their principal.

DMV Hearings

You have the right to appeal a decision in the event that DMV decides to take a discretionary action against you (such as the suspension of your license for refusing to take breathalyzer tests). Hearings can be held in person or over the phone, and are usually conducted by a driver safety hearing officer from DMV. At the hearing, DMV will first present all evidence it has against you including any testimony of witnesses it has subpoenaed. You then have the option of presenting affirmative evidence, including witnesses, documents, or your testimony. You may also present closing arguments to challenge DMV and ask questions to the hearing officer.

The outcome of an DMV hearing depends largely on the facts of your case, but you are more likely to win when you have an attorney. A lawyer can help you to determine if the officers who were involved in your case made any mistakes during the arrest, such as not clearly informing you that your license could be suspended if you refused to take an alcohol test.

Although you are not required to bring an attorney present at the time of a DMV hearing however, hiring a NYC DMV lawyer can make the process easier. A lawyer will be well-versed regarding the laws governing these types of cases, and will help you present your case as effectively as you can. 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 in the event that you are found to be guilty of certain traffic offenses or violations. Usually, the suspension or revocation remains in effect until you have completed all steps necessary to obtain your license reinstated.

Depending on the state where you live, there are many different reasons that your driver's permit can be suspended. States that use points, for instance the accumulation of too many points can cause the suspension. A judge can also detain your license in the event of violations of traffic law. In the majority of cases, a court will allow you to drive on a limited driving permit for the duration of suspension or suspension or revocation.

In some states your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license can be suspended if you fail to pay back child support, or other civil debts. Your license may be revoked in the event that you suffer from a medical issue that renders you unfit to operate the vehicle.

Your New York lawyer will help you determine the state of your license and the best to proceed. He or she will explain that in the majority of cases, you're entitled to a hearing before the DMV in the event of your license suspended.

Representation

A representation letter is an important document that attorneys send to the person they want to sue. This puts the other party on notice that they have a representative that will speak on their behalf and also permits the attorney to ask for documents and information from the party.

Many motor vehicle accident cases are based on the tort concept of negligence. Negligence is defined as failure to use the degree of care a prudent person would have used in similar circumstances. Automobile accidents usually involve multiple factors which may cause or contribute to the accident. For instance, driver's negligence may include driving when impaired by alcohol or drugs, speeding up or disregarding traffic signals. Distracted driving, like using your cellular phone while driving or applying makeup, is a further reason.

In certain instances, two people injured in an accident in a car want the same lawyer to represent them. It is not ethical for an attorney to represent both a driver and a passenger in a personal injury claim. This is because each client has conflicts of interest. This can be avoided by making distinct agreements between each client. Alternatively, passengers can hire their own lawyers to file a suit against the driver.