Motor Vehicle Powers of Attorney
Often when multiple parties are responsible for an accident. In these cases the jury may award damages to the injured party according to their percentage of negligence.
Although DMV hearings do not involve criminal court, a skilled NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients in these hearings.
Power of Attorney
A power of attorney is legal document that allows one person (the principal) to authorize another person (the agent) to perform actions on his or her behalf. The document can grant 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 notary or witness public. A motor vehicle power of attorney gives the agent authority to handle the responsibilities of a vehicle and could include the ability to sell a car for instance. If you're looking to create an Power of Attorney yourself you can contact your local Department of Motor Vehicles or using a legal online website such as eForms or NYLawHelp. You can also ask a friend to do it.
Third parties can refuse to comply with Powers Of Attorney. It could be because of several reasons. In certain situations it can cause harm to the Principal. The third party may be held accountable for these damages.
To avoid motor vehicle accident lawsuit bellevue is crucial that the Power of Attorney include language that states that the agent is not able to have title to any real property or other asset owned by the principal unless explicitly stated in the document. The document should also specify that the agent must report to a third party an overview of every transaction and other matter that they conduct on behalf of their principal.
DMV Hearings
If DMV or other agency makes a decision that is discretionary against your driving privilege (such as suspension of your license for refusing to take a breath test), you can request be heard to challenge the decision. These hearings can be conducted in-person or over the phone, and usually held before a safety driver hearing officer from DMV. DMV presents all its evidence against the person, including any witnesses it has subpoenaed, at the hearing. It's your turn to present evidence that is affirmative (documents and witnesses, or your own testimony) to attack DMV's evidence in closing arguments and ask questions to the hearing officer.
You are more likely win in a DMV hearing if you employ an attorney. A lawyer can help you to determine if the officers who were involved in your case committed any mistakes during the arrest, like not letting you know that your license could be suspended if it was not possible to take an breath test.
While you aren't legally required to have an attorney at a DMV hearing under the law having a NYC DMV lawyer can make the process more efficient. A lawyer is well-versed in all the laws that apply to these kinds of cases and will help you present your case in a professional manner. They can also help you avoid being unfairly penalized at the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your driving privileges and license if you are accused of certain traffic offenses or violations. The suspension or suspension of your license is generally remain in effect until you have completed the necessary steps to get it back.
Your driver's license could be suspended due to a variety of reasons, based on where you reside. For instance states that have a point system, accumulation of too many points could result in an automatic suspension of your license. A judge can also take away your license if there is violations of traffic law. In the majority of instances, the court will allow you to drive under a restricted driving permit during your suspension or revocation.
In certain states, your license could be suspended if you've been convicted of specific crimes like DUIs or vehicular manslaughter. In addition your license may be revoked if you fail to pay back child support or other civil debts. You can also lose your license if you suffer from a medical condition that renders driving a car dangerous.
Your New York lawyer will help you determine the status of your license and how best to proceed. They will explain that in most cases, you have the right to a hearing before the DMV when your license is being suspended.
Representation
A representation letter is a crucial piece of paper that lawyers send to the person they will be suing. This informs the other side that they have a representative that will speak on their behalf. It also allows the lawyer to request documents and information from the other party.
Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence can be defined as a failure to exercise the level of care expected of a person who is reasonably prudent in the same circumstances. Accidents involving cars are usually caused or influenced by a variety of factors. A driver's fault could be driving under the influence of alcohol or drugs speeding, or not paying attention to traffic warnings. Driving distracted, like using your mobile phone while driving or applying makeup, is a separate factor.
In certain instances two people who are injured in an accident in a car want the same lawyer to represent them. However, it is morally wrong for a single lawyer to represent both the driver and passengers in a personal-injury claim. Each client is in conflict. This can be overcome by establishing a separate contract between each client. Alternately, each client can employ their own lawyer to file a lawsuit against the driver who was at fault.