Five Motor Vehicle Lawyer Lessons Learned From Professionals
Motor Vehicle Powers of Attorney
In many cases it is the case that multiple parties share responsibility for an accident. In these cases the jury may award damages to the victim according to their percentage negligence.
Although DMV hearings do not require criminal court, a skilled NYC traffic lawyer can make a big difference in the outcome. Gannes & Musico LLP has an extensive experience representing clients at these hearings.
Power of Attorney
Power of attorney is a legal document that permits one person (the principal) to authorize another person (the agent) to take action on his or her behalf. The document can grant a broad or limited range of powers and must be drafted in accordance with State law. It must be signed and/or notarized in the presence of a witness or notary public. A motor vehicle power of attorney gives the agent the authority to manage the responsibilities of a vehicle and could include the ability to sell a car, for example. You can draft an Power of Attorney by yourself by contacting your local Department of Motor Vehicles, or visit a free legal website such as eForms.com or NYLawHelp. You can also ask a friend to do it.
Third parties might not accept Powers Of Attorney. This could be due to various reasons. In some cases refusals can cause harm to the principal. The third party could be held accountable for damages.
To avoid this to avoid this, the Power of Attorney should include specific language that says that the agent will not take title to any real estate or property owned by the principal, unless explicitly stated in the document. The document should also specify that the agent should submit to an outside party a detailed report of all transactions as well as any other issues in which they act on behalf of the principal.
DMV Hearings
If DMV decides to take a discretionary action against your driving privilege (such as license suspension for refusing to take breath tests) you are entitled to a hearing to challenge the decision. These hearings can take place in person or via the telephone, and are usually held before an DMV driver safety hearing officer. DMV provides all evidence against the person, including any witnesses it has subpoenaed, at the hearing. Then you're able to present evidence that is affirmative (documents or witnesses, or your own testimony), attack DMV's case in closing arguments and ask questions to the hearing officer.
You are more likely to win the DMV hearing if you employ a lawyer. A lawyer can assist you to determine if the officers involved in your case committed any mistakes during your arrest, for instance, not clearly informing you that your license will be suspended if you refused to take a breath test.
While you aren't legally required to have an attorney at a DMV hearing having a NYC DMV lawyer can help make the process simpler. A lawyer is well-versed in all the laws applicable to these cases and will help you present your case effectively. They can also assist you to avoid being unfairly penalized at the DMV.
Suspension of License
The Department of Motor Vehicles can suspend your driving privileges and license if you're found to be guilty of certain traffic offenses or legal violations. The suspension or the revocation of your license will typically remain in effect until you have completed all the steps required to get it back.
Your driver's license may be suspended due to a variety of reasons, based on where you reside. In states that rely on points, for instance excessive accumulation of points could lead to being suspended. A judge can also take away your license in the event of an offense in traffic. In
motor vehicle accident lawyer lake forest of instances, a judge will permit you to drive with a restricted driving permit for the duration of suspension or suspension or revocation.
In some states your license can be revoked for certain crimes, including DUIs and vehicular manslaughter. The license can be suspended if you don't pay child support or other civil debts. You may also lose your license if are suffering from a medical condition which makes driving a vehicle unsafe.
Your New York lawyer will help you determine the status of your license and determine the best to proceed. He or she will explain to you that in the majority of cases, if you're license has been suspended, then you have the right to a hearing at the DMV.
Representation
A representation letter is an important piece of paper that a lawyer delivers to the party they will be suing. This puts the other party in the loop that they have a representative that will speak on their behalf and allows the lawyer to request information and documents from that party.
Many motor vehicle accidents are due to negligence, which is a tort. Negligence is defined as failure to use the degree of care that a reasonably prudent person would have employed in the same circumstances. Automobile accidents usually involve multiple factors that could cause or contribute to the incident. For instance, driver's negligence may include driving while impaired by alcohol or drugs, speeding up or disregarding traffic signals. Other factors include distracted driving like using a cell phone or trying to put on makeup while driving.
In certain instances two people who are injured in an accident in a vehicle want the same lawyer to represent them. But, it is ethically improper for one attorney to represent both the passenger and a driver in a personal injury case. Each client has a conflict. This can be resolved by establishing a separate agreement between each client. Alternatively, each passenger can hire his or her own lawyer to start a lawsuit against the driver who was at fault.
