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How Your Motor Vehicle Attorney Can Help You
If you've been injured in one of the more than 30,000 motor vehicle accidents that happen in NYC each year, your lawyer can negotiate with the insurance provider to ensure you receive full compensation for your non-economic and economic injuries. Auto defects can also contribute to or cause crashes, for example Toyota accelerator pedals that become "sticky" and roof flaws which put occupants of vehicles at risk in the event of an accident.
Power of Attorney
Consider a power of attorney when you own a vehicle and need someone else to handle important tasks related to your vehicle. Motor vehicle lawyers can assist you create and execute these documents, and ensure that they adhere to state regulations. You will need to gather all required paperwork/identification, select an agent, and complete the power of attorney form according to state guidelines. Depending on your state you may also have to have the document notarized. Notarization is typically offered for free or a small cost at the DMV, legal firms, banks, law firms as well as shipping stores (such as UPS) and a few libraries.
Typically the person signing as the agent is asked to show proof of identity, including the birth date and a state-issued identification number. The agent must sign the form in front of a Notary Public and under penalty of perjury. This is to confirm that the signature of the agent is valid.
motor vehicle accident law firm worcester should make sure the agent is familiar with your vehicle too and you could add notes describing things such as its color and license plate number as well as any additional stickers or features. You should also include your contact details as well as the contact information of the agent details in the event of a question about their authority or identity. Third parties may refuse to respect the power of attorney but they must provide a reason within a reasonable period after it is presented to them by the agent.
DMV Hearings
When an individual requests an appointment with the Division of Motor Vehicles, this is referred to as a DMV hearing. Hearings are used to take action against the privilege of a driver. This could be done by a negligent driver, medical Operator or Suspension for Lack of Skill.
The Hearing Officer will base their decision on a range of factors during these hearings. They will examine how you have accrued the points, how many miles you have driven or the frequency at which you use your vehicle. They will also look at any proactive steps you've taken to improve your driving.
In a majority of instances it is the case that a DMV hearing will be scheduled within 14 days of the arraignment. This is especially true in DUI arrests, where the accused will be charged with Vehicle and Traffic Law 1192.3 which requires you to submit to an analysis of chemicals to determine the amount of alcohol in your blood. If you refuse the breathalyzer test, your license to drive is suspended.
Your attorney will attack the evidence provided by a police officer at a Refusal Hearing to challenge the conclusion that the refusal was not a conscious decision. This is a crucial hearing since the hearing officer will be competent to make a determination that will affect your life for years to come. If you're not pleased with the outcome, you can appeal the decision to the Board of Appeals.
Traffic Defense Against Tickets
There are many ways to fight a ticket even if you're speeding or running a red traffic light caught by a camera. Or if you were in violation of the law using your cell phone while driving. You must be prepared to present evidence and facts and have a plan in your mind. NYC traffic lawyers engage in these types of arguments on a regular basis, so they know what is effective and can help you prepare for a traffic court hearing.
The most common traffic violations involve an officer making a judgment to draw a shrewd conclusion about your driving. For instance many states have basic speed laws that state you must not drive at a speed greater than what is "reasonable and prudent" in light of the current road conditions. A judge could accept your argument that you did not violate the law if you drove at a reasonable speed for the conditions.
This type of defense is also helpful for other subjective traffic violations such as swerving in order to avoid a pedestrian who suddenly stepped out in front of your vehicle or stopping too quickly due to the fact that you were required to respond to an emergency situation. A conviction for a moving offense can increase your insurance rate, which could be expensive over a period of several years. A New York traffic lawyer can assist you in defending your charge to ensure that you do not have to pay for the fine.
Auto Product Liability
Auto product liability involves the claims that stem from defects in motor vehicles. These may include design and manufacturing defects, and marketing defects. Usually, these types of cases involve injuries suffered due to malfunctioning parts of the automobile. These components include airbags and tires, and may cause serious injuries to those who are involved in an accident.
The majority of lawsuits filed by car accident victims against manufacturers of vehicles claim that the vehicle design is flawed or is defective. The flawed designs aren't caused by a single problem during production or manufacturing or manufacturing, but rather a problem with the overall design of the vehicle or component at issue. Examples of this are SUV tires that get pierced in crashes due to poor design or airbags which fail to deploy during rear-end collisions.
Vehicle manufacturers have an inherent obligation to design and manufacture products that are safe for immediate use and will remain so throughout the life expectancy of the vehicle. When these companies discover that defects exist they must immediately notify customers and issue a recall. Sadly, they often ignore this duty, putting motorists at risk. A Rochester automobile defect lawyer can investigate a crash and determine if the manufacturer's negligence caused the injury. They can also assist you to obtain an appropriate amount of compensation for your injuries. For instance, you might be entitled to compensation for medical bills and property damage, as well as lost wages and diminished quality of life following an accident caused by a defective auto part.