How Your motor vehicle accident law firms Vehicle Attorney Can Help You
If you’ve been injured in one of the 30,000+ motor vehicle accidents that occur in NYC each year, your attorney can negotiate with the insurance company of the responsible party provider to ensure you receive full compensation for your non-economic and financial damages. Auto defects can also contribute to or cause crashes, for example Toyota accelerator pedals that become “sticky” and roof flaws that put the occupants of the vehicle in danger in the event of an accident.
Power of Attorney
If you own a car and want to allow someone else to handle the important aspects of the car take into consideration a power of attorney. motor vehicle accident lawsuit vehicle attorneys can assist in the creation and execution of these documents while ensuring that they comply with 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. In the case of a state-specific law, you may need to notarize the document. Notarization can be performed for free or for a small cost by the DMV, banks and law/realty firms, as well as some libraries.
Typically, the person who signs as the agent is asked to show proof of identity, including the birth date and a state-issued identification number. The agent is also required to sign the form under penalty of perjury in front of a notary. This is done to verify the agent’s signature and ensure it is legal.
You must ensure that the agent is familiar with your vehicle as well, and you can add notes that describe things like its color and license plate number as well as any additional stickers or features. You should also include your contact information as well as the contact information of the agent details in the event of a doubt as to their authority or identity. Third parties are able to refuse to accept a power of attorneys but they must provide an explanation within a reasonable time after the agent has presented it to them.
DMV Hearings
If a person requests an appearance before the Division of Motor Vehicles, it is referred to as hearings with the DMV hearing. These hearings are used to initiate action against the privilege of a driver. It could be as a result of an unprofessional operator, medical Operator, Lack of Skill or an Administrative Per Se (APS) suspension.
The Hearing Officer will base their decision on a number of factors during these hearings. They will assess how you have accrued the points, the mileage you’ve travelled or the frequency with which you drive your vehicle. They will also take into consideration any proactive measures that you have taken to improve your driving.
In many instances it is the case that a DMV hearing will be scheduled within 14 days of the arraignment. This is especially relevant for DUI arrests, where the person is issued a summons under Vehicle and Traffic Law (1192.3) which requires you to take a blood alcohol test. If you fail the breathalyzer test, your license to drive is suspended.
In a Refusal Hearing Your attorney will challenge the ruling that you knowingly refused to take the breathalyzer test, by attacking the facts presented by the officer. This is an important hearing, as the hearing officer is able to make a determination that could have a lasting impact on your life. If you’re unhappy with the decision, you can appeal the decision to the Board of Appeals.
Traffic Defense against Ticket
If you’ve received a ticket for speeding, running a red light that was captured by a traffic camera, or if you were caught using your cell phone while driving, there are ways to fight the case. You should be ready to present facts and proof and have a strategy in mind. NYC traffic lawyers make these kinds of arguments each day they are familiar with what works and can help you prepare for a traffic court hearing.
The most common traffic violations involve an officer making a judgment of a subjective opinion about your driving. Most states have basic laws regarding speeding that stipulate that you shouldn’t drive faster than what is “reasonable” and “prudent” in the current road conditions. A judge may accept an explanation that you did not infringe the law since you were driving at a reasonable pace for the conditions.
This type of defense can also be useful for other traffic offenses that are subjective like swerving to avoid an unintentionally stepped pedestrian out in front of your vehicle or stopping too quickly because you needed to react to an emergency. A conviction for any traffic violation could increase your insurance cost, which could be expensive over a period of time. A New York traffic attorney can help you fight the ticket and help you avoid paying the fine.
Auto Product Liability
Auto product liability relates to claims related to defects in motor vehicles. These can be a result of design and manufacturing flaws, and marketing defects. The majority of these incidents involve injuries that are due to malfunctioning auto parts. These components range from airbags and tires, and could cause serious injury to occupants in an accident.
The majority of lawsuits filed by victims of car accidents against manufacturers of vehicles claim that the design of the vehicle is flawed or faulty. Defective designs are not a result from a single issue in the manufacturing process or production instead, they result from a problem with the overall design or the component that is at issue. Examples of this include the SUV tires that break in crashes due a poor design or airbags that fail to deploy during rear-end collisions.
The manufacturers of vehicles have a basic obligation to develop and market products that are safe for immediate use, and remain so throughout the expected life span of the vehicle. These companies must inform their customers promptly when they find a defect and issue a recall. Often they do not follow this requirement and continue to put motorists in danger. A seasoned Rochester lawyer for car defects can analyze a crash and determine whether or not the negligence of a company caused an injury. They can also assist you to pursue fair compensation for your injuries. For example, you may be entitled to compensation for your medical bills and property damage, as well as lost income and the loss of quality of life following a crash caused by a defective auto part.
