Ask Me Anything: 10 Responses To Your Questions About Motor Vehicle Attorney
How Your Motor Vehicle Attorney Can Help You
Your attorney can negotiate the insurance company of the party responsible for the accident to ensure that you are compensated for all non-economic and economic losses. Auto-related defects can also increase or cause crashes, including Toyota accelerator pedals which become "sticky" and roof flaws which put occupants of vehicles at risk in the event of an accident.
Power of Attorney
If you own a car and would like to authorize someone else to handle the important aspects of the car, consider power of attorney. Motor vehicle attorneys will help you prepare and execute these documents while making sure that they conform to the state's 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 is typically offered at no cost or a minimal cost at the DMV, institutions, law/real estate firms and shipping companies (such as UPS) and some libraries.
Typically the person who signs as the agent is required to provide proof of identity, including the date of birth and a state-issued identification number. The agent will also need to sign the form under penalty of perjury in front of notary. This is done to verify that the agent's signature is valid.
You may also add notes on the color of your car, its license plate, stickers or other aspects. You must include your contact information and the agent's if there are any questions about their authority. Third parties may refuse to honor the power of attorney but must provide a reason within a reasonable period after it has been presented to them by the agent.
DMV Hearings
When a person wants to request an appearance before the Division of Motor Vehicles, this is referred to as a DMV hearing. Hearings are used to take action against the privilege of driving. This could be a Negligent Operator, Medical Operator, Skilllessness or an Administrative Per Se (APS) suspension.
During these hearings, the Hearing Officer will determine the outcome by analyzing a range of factors. They will examine how you've accumulated points, the amount of use or mileage you've logged in your vehicle, as well as the proactive steps you have taken to improve your driving.
In most cases the DMV hearing will be scheduled within 14 days of the arraignment. This is particularly true for DUI arrests, where the accused is cited under Vehicle and Traffic Law 1192.3, which requires that you submit to an analysis of chemicals to determine your blood alcohol content. If you refuse the breathalyzer test then your license to drive will be suspended.
At a Refusal Hearing, your attorney will contest the decision that you were knowingly unable to take the breathalyzer test, by contesting the facts that the police officer has presented. motor vehicle accident law firm yorba linda is an important hearing, as the hearing officer can decide on a case that can have a lasting impact on your life. If you're not happy with the outcome, you'll be able to appeal the decision to the Board of Appeals.
Traffic Defense in the event of a ticket
If you've been charged for speeding or driving through a red light, captured by a traffic camera or using a mobile phone while driving, there are ways to defend the charge. You must be prepared to provide evidence and facts and have a plan in mind. NYC traffic lawyers make these arguments every day, so they know how it works and will assist you in making your case for court.
The most frequent traffic offenses involve an officer making a to draw a shrewd conclusion about your driving. For instance many states have basic speed laws that say you shouldn't be driving at a speed that is more than what is "reasonable and prudent" considering the current road conditions. A judge may accept an argument that you didn't violate the law since you were driving at a reasonable rate for the circumstances.
This defense can also be employed for other subjective traffic offenses, such as the need to swerve to avoid a pedestrian that suddenly stepped in front of your vehicle or stopping too quickly because you were responding to an emergency. A conviction for a moving offense can increase your insurance cost, which could be costly over the course of a few years. A New York traffic lawyer can assist you in defending your ticket so that you do not be required to pay the fine.
Auto Product Liability
Auto product liability is the legal term for claims related to car defects. These can be a result of design and manufacturing flaws, as well as marketing-related defects. Usually, these types of cases involve injuries suffered due to malfunctioning auto parts. These components range from airbags and tires, and can cause serious injury to the occupants in an accident.
The majority of lawsuits filed by victims of car accidents against manufacturers of vehicles claim that the vehicle design is flawed or is defective. Defective designs don't result from a single issue in production or manufacture or manufacturing, but rather a flaw with the overall design or component of concern. Examples of this are the SUV tires that break during crashes due to poor design or airbags that fail to deploy in rear-end collisions.
Manufacturers of vehicles have a fundamental responsibility to create and sell products that are safe to use immediately and remain safe throughout the life expectancy of the vehicle. They must inform their customers promptly if they discover a defect and issue an recall. Unfortunately, they frequently fail to comply with this obligation, putting drivers at risk. An experienced Rochester attorney for automobile defects can analyze the cause of an accident and determine if or not the negligence of a manufacturer caused the injury. They can also assist you in pursuing fair compensation for your damages. You may be entitled to compensation for medical bills, property damages as well as lost wages and an impairment in your life following a crash caused due to a defective auto component.