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motor vehicle accident law firm Vehicle Powers of Attorney

Often, multiple parties share responsibility for an accident. In these instances, a jury may apportion the award of damages to the injured party according to their percentage of negligence.

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

Power of Attorney

Power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on their behalf. The document can grant broad or limited powers, and must be drafted in accordance with state law. It must also be signed and/or notarized in the presence of a notary or witness public. A motor vehicle accident law firm vehicle power of attorney gives an agent the power to handle vehicle-related responsibilities and may include the ability to sell a car, for example. If you want to prepare an Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a free legal website like eForms or NYLawHelp. You could also ask someone to prepare it.

Third parties sometimes refuse to comply with Powers of Attorney. This could be due to a variety of reasons. In some instances the refusal could cause harm to the Principal. The third party could be held accountable for the damages.

To prevent this from happening, to prevent this from happening, the Power of Attorney should include provisions that say that the agent cannot assume title to any real estate or property owned by the principal, unless specifically stated in the document. The document should also provide that the agent should submit to an outside party a summary of all transactions, as well as any other matters in which the agent acts on behalf of the principal.

DMV Hearings

You are entitled to an appeal hearing in the event that DMV or other agency decides to take discretionary action against you (such as the suspension of your license for refusing to take the breathalyzer test). These hearings can be conducted in person or via telephone, 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 at the hearing. You are then able to present your own evidence, such as witnesses, documents or your testimony. You may also present closing arguments to smear DMV and ask questions to the hearing officer.

The outcome of an DMV hearing is dependent on the specifics of your case, however you are more likely to win if you hire an attorney. An attorney can assist you to determine if the officers involved in your case made mistakes during your arrest, like not clearly advising you that your license would be suspended if you did not take the breath test.

Although you aren't legally required to hire an attorney for the DMV hearing, hiring an NYC DMV attorney will make the process simpler. A lawyer is well-versed in the laws surrounding these kinds of cases, and will help you present your case as efficiently as possible. In addition, they can assist you in avoiding being unfairly penalized by the DMV.

License Suspension

If you are found guilty of a specific traffic or legal offenses and are found guilty, the Department of Motor Vehicles may suspend your license and driving privileges. The suspension or revocation of your license will usually remain in place until you have completed all the steps required to get it back.

Based on the state in which you live there are a variety of reasons why your driver's license may be suspended. For instance states that utilize points-based systems, the accumulation of too many points may result in an automatic suspension of your license. Additionally the judge may also require your license to be suspended for a traffic conviction. In most instances, courts will allow you to drive using a restricted driving permit during the time of your suspension or revocation.

In some states, your license could be revoked if been convicted of certain crimes, such as DUIs or vehicular murder. In addition your license may be revoked for not paying back child support or other civil debts. Your license could also be revoked if suffer from a medical condition that makes it unsafe for you to operate in a vehicle.

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

Representation

A representation letter is an important document that an attorney must send to the person they plan to sue. The letter informs the other party that they have a representative who will speak on their behalf. It also permits the lawyer to request information and documents from the other party.

A large number of motor vehicle accidents are based on the tort concept of negligence. Negligence is defined as a failure to exercise the degree of care that would be expected of someone who is reasonably prudent in similar circumstances. Accidents involving cars are usually caused or influenced by a variety of causes. A driver's fault could be driving while under the influence of drugs or alcohol, speeding, or disregarding traffic signs. Distracted driving, like using your cellular phone while driving, motor vehicle accidents or applying makeup, is a separate reason.

In some cases, two people injured in an accident with a vehicle need the same lawyer to represent them. It is not ethical for an attorney to represent the driver and an injured person in a personal injury claim. This is due to each client having an interest conflict. This can be overcome by creating a separate contract between each client. Alternately, each client can hire their own lawyer to make a claim against the adverse driver.