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A number of parties are often at fault for the accident. In these instances, a jury may apportion the damages awarded to the injured party by determining their percentage of negligence.
Although DMV hearings do not require criminal court, an experienced NYC traffic lawyer can make a major difference in the outcome. Gannes & Musico, LLP has extensive experience in representing clients in these proceedings.
Power of Attorney
Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to act on their behalf. The document may grant a broad or limited set of powers and must be prepared according to State law. It must also be notarized and signed in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent authority to handle vehicle-related responsibilities and may include the power to sell a car for instance. You can draft an Power of Attorney on your own by contacting your local Department of Motor Vehicles, or you can use a legal website like eForms.com or NYLawHelp. Alternatively, you can hire someone else to handle it for you.
Third parties may refuse to accept Powers Of Attorney. It could be because of several reasons. In some cases the refusal causes harm to the Principal and the third party can be held responsible for the damages.
To prevent this from happening, it is important to ensure that the Power of Attorney include language that states that the agent is not able to take title to any real estate or other property owned by the principal, unless otherwise stated in the document. The document should also mention that the agent is required to give a third-party a summary on all transactions and other issues that they perform on behalf of their principal.
DMV Hearings
If DMV orders a discretionary action against your driving privilege (such as suspension of your license for refusing to take an alcohol test) you can request be heard to challenge the decision. Hearings are held in person or by telephone, and are usually held before the DMV driver safety hearing officer. 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 or witnesses, or even your own testimony), attack DMV's case in closing arguments, and ask questions of the hearing officer.
The outcome of an DMV hearing depends largely on the facts of your case, however you are more likely to prevail if you hire an attorney. An attorney can assist in determining whether any mistakes were made by the police officers during your arrest. For example they may not have warned you that you could lose your license if did not take a breath test.
While you aren't legally required to use an attorney at a DMV hearing by law, hiring a NYC DMV lawyer can make the process more efficient. A lawyer will be well-versed regarding the laws governing these types of cases, and will assist you in present your case as effectively as you can. Additionally, they will assist in preventing you from being unfairly penalized by the DMV.
Suspension of License
If you are found guilty of a specific violations of the law and are found guilty, the Department of motor vehicle accident lawsuits (My Site) Vehicles may suspend your license and driving privileges. Usually the suspension or revocation will stay in effect until the time you complete all required steps to get your license back.
Your driver's licence can be suspended for many reasons, based on where you live. In states that require points, for example, accumulating too many can cause the suspension. Additionally to that, a judge may order your license to be suspended for a traffic conviction. In the majority of instances the court will let you to drive on an restricted driving permit during the suspension or the revocation.
In certain states, your license may be revoked in certain cases, such as DUIs and vehicular manslaughter. In addition the license could be revoked for not paying back child support or other civil debts. Your license may be suspended if you have a medical condition that renders you unfit to operate in a vehicle.
Your New York lawyer can help you determine the status of your license and the best method to take. He or she will explain that in the majority of cases, you have the right to an hearing before the DMV in the event of your license being suspended.
Representation
A representation letter is a very important document that an attorney must send to the person they plan to sue. This notifies the other party that they have a representative that will represent them. It also permits the lawyer to request information and documents from the other party.
Many motor vehicle accident cases are in the tort doctrine of negligence. Negligence is defined as a failure to exercise the level of care that would be expected from a person who is reasonably prudent in the same circumstances. Automobile accidents are often caused or influenced through a variety factors. A driver's negligence could include driving under the influence of alcohol or drugs or speeding, or ignoring traffic warnings. Other reasons include distracted driving such as using a mobile phone or attempting to put on makeup while driving.
In certain instances, two people injured in an accident in a car want the same lawyer to represent them. But, it is morally wrong for a single lawyer to represent both the driver and passengers in a personal-injury claim. This is because each client has an interest conflict. This can be avoided by creating distinct agreements between each client. Or, each person can hire his or her own lawyer to make a claim against the adverse driver.
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