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In many cases it is the case that multiple parties share responsibility for Motor Vehicle Accident Law Firm an accident. In such cases the jury could distribute damages to the victim based on their percentage of negligence.
Although DMV hearings are not criminal court-related, an experienced NYC traffic lawyer can make a significant impact on the outcome of your case. Gannes & Musico LLP has an extensive experience representing clients in these hearings.
Power of Attorney
A power of attorney is a document that permits the person to authorize someone else to perform acts in his or her name. The document may grant a broad or limited range of powers and must be drafted according to State law. The document must be signed by the signer or notarized by a notary public or witness. A motor vehicle accident vehicle power of attorney grants the agent authority to handle auto-related duties and may include the power to sell a car for instance. You can draft the Power of Attorney on your own if you contact your local Department of Motor Vehicles, or go to a legal site like eForms.com or NYLawHelp. Alternately, you can request someone else to complete the task for you.
Third parties are sometimes unable to honor Powers of Attorney. This can be due to various reasons. In some cases, a refusal can cause harm to the Principal. The third party could be held accountable for the damages.
To avoid this, to avoid this, Power of Attorney should include language that states that the agent will not claim title to any property or real estate owned by the principal unless specifically specified in the document. The document should also mention that the agent is required to submit to a third party an account of all transactions and other matters that they conduct on behalf of their principal.
DMV Hearings
If DMV decides to take a discretionary action against your right to drive (such as suspension of your license for refusing to take the breath test) You can request have a hearing to challenge the decision. These hearings can be conducted in-person or over the phone, and are usually held before a driver safety hearing officer from DMV. At the hearing, DMV starts by presenting all of its evidence against you including any witness testimony it has subpoenaed. You then have the option of presenting affirmative evidence, motor vehicle accident law firm such as witnesses, documents, or your testimony. You can also make closing arguments in order to discredit DMV and ask questions to the hearing officer.
Achieving an DMV hearing is dependent on the specifics of your case, however you are more likely to win if you hire an attorney. A lawyer can assist you to determine if the officers involved in your case made any mistakes during your arrest, for instance, not indicating clearly that your license will be suspended if it was not possible to take an breath test.
Although you are not legally required to have an attorney present at the time of a DMV hearing, hiring a NYC DMV lawyer can make the process easier. A lawyer is well-versed in the laws that apply to these kinds of cases and can help make your case convincingly. Additionally, they can assist in preventing you from being unfairly penalized by the DMV.
License Suspension
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 legal violations. Usually the suspension or revocation remains in effect until you complete all necessary steps to obtain your license reinstated.
Your driver's license can be suspended for various reasons, based upon where you reside. In states that require points, for example having too many points could result in being suspended. A judge can also take away your license in the event of violations of traffic law. In most cases, a court will permit you to drive with a restricted driving permit for the duration of suspension or revocation.
In some states your license can be revoked for certain offenses, such as DUIs and vehicular manslaughter. Your license may be revoked if don't pay child support, or any other civil debts. Your license could be suspended if you have a medical condition that makes it unsafe for you to operate in a vehicle.
Your New York lawyer will help you to determine the status of your license, and how best to proceed. He or she will explain that in most circumstances, you are entitled to an interview with the DMV when your license is being suspended.
Representation
A representation letter is an important document that an attorney sends to the person they intend to sue. This puts the other party in the loop that they now have a representative who will speak on their behalf and allows the attorney to ask for documents and information from the party.
A large number of motor vehicle accidents are in the tort doctrine of negligence. Negligence is defined by a failure to exercise the level of care that would be expected from someone who is reasonably prudent under similar circumstances. Automobile accidents are often caused or influenced by a variety of factors. For example, a driver's negligence can include driving when impaired by alcohol or drugs, speeding up or not paying attention to traffic signals. Other reasons include distracted driving such as using a mobile phone or trying to apply makeup while driving.
In certain instances there are instances where two victims of an accident in a vehicle would like the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injuries claim. This is because each client has a conflict of interest. This can be resolved by creating a separate agreement between each client. In addition, passengers can employ their own lawyers to file a lawsuit against the driver.
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