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Motor Vehicle Accident Law Firms Vehicle Powers of Attorney

Many parties are usually responsible for an accident. In these instances the jury may decide to distribute damages to the injured party in proportion to their share of negligence.

Even though DMV hearings aren't related to criminal court, a skilled NYC traffic attorney will make a major 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 legal document that allows an individual to authorize another to act in their name. The document can grant a broad or limited set of powers and must be drafted in accordance with the law of the State. It must be signed and/or notarized the presence of a witness or a notary public. A motor vehicle accident lawyers vehicle power-of-attorney gives the agent the authority to perform vehicle-related duties that may include selling a car. If you're looking to create 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 can also hire someone else to handle it for you.

Third parties may not respect Powers of Attorney. This could be due to several reasons. In some instances refusals can cause harm to the principal. The third party may be held accountable 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 have title to any real property or other asset owned by the principal unless otherwise stated in the document. The document should also stipulate that the agent must report to an outsider a summary of all transactions and other issues in which the agent acts on behalf of the principal.

DMV Hearings

If DMV orders a discretionary action against your driving privilege (such as a license suspension for refusing to take breath tests), you can request a hearing to challenge the decision. Hearings can be held in person or over the telephone, and are usually held before a driver safety hearing officer from DMV. DMV provides all evidence against the person, including any witnesses it has subpoenaed during the hearing. Then, you get to present evidence of affirmative nature (documents or witnesses, or even your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.

Winning the DMV hearing is largely contingent on the circumstances of your case, but you are more likely to win if you hire an attorney. An attorney can assist in determining whether any mistakes were made by the police officers in your case during your arrest. For instance, they may not have told you that you would lose your license if you declined a breath sample.

While you're not legally required to have an attorney present at a DMV hearing, hiring a NYC DMV attorney will make the process easier. An attorney is knowledgeable about the laws that apply to these types of cases and can help present your case effectively. They can also assist you to avoid being unfairly penalized by the DMV.

Suspension of License

The Department of Motor Vehicles can suspend your license and driving privileges if you are found to be guilty of certain traffic offenses or violations. The suspension or the revocation of your license will typically remain in effect until you have completed the necessary steps to obtain it back.

The state in which you live there are a variety of reasons that your driver's permit could be suspended. For instance in states that employ points system, the accumulation of too many points may lead to a license suspension. In addition the judge may also order your license to be suspended if you are convicted of a traffic crime. In the majority of instances, the court will allow you to drive under an restricted driving permit during your suspension or revocation.

In some states your license could be revoked for certain crimes such as DUIs and vehicular manslaughter. Your license can be revoked if don't pay child support, or other civil debts. You can also lose your license if you suffer from a medical issue that makes driving a vehicle unsafe.

Your New York lawyer will help you determine the status of your license and how best to proceed. They will explain to you that in most instances, if your license was suspended, you have the right to a hearing at the DMV.

Representation

A representation letter is a very 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 allows the attorney to ask for documents and other information from that party.

A lot of motor vehicle accident claims are caused by negligence, which is which is a tort. Negligence is defined as the inability to exercise the standard of care expected from someone who is reasonably prudent in similar circumstances. Car accidents are often caused or contributed to by multiple factors. A driver's fault could be driving under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic warnings. Driving distracted, for example, using your cellular phone while driving, or applying makeup is a different factor.

There are instances where two people who are injured in a car accident would like the same attorney to represent them. However, it is ethically wrong for a single attorney to represent both the passenger and a driver in a personal injury case. This is because each client has conflicts of interest. This can be avoided by drafting separate agreements between the clients. Alternatively, passengers can hire their own lawyers to file a lawsuit against the driver.