Sep
26

MIAMI, FLORIDA PERSONAL INJURY- TROY AND SCHWARTZ, LLC ATTORNEYS- 305-279-4740

UNDERSTANDING TOW TRUCK ACCIDENTS AND INJURIES

Most of us never think about a tow truck unless our car is broken down and we need to have it hauled to a repair shop.  Many drivers on the roadway are familiar with the “move over” rules which pertain to ambulances, fire trucks, and police vehicles, but many are unfamiliar with the fat that tow trucks are considered first responders and are extended the same courtesy.  Naturally, while we depend on a tow truck to assist us at the scene of an accident if our vehicle is damaged, what we forget about is that sometimes, tow trucks are the source of an accident.

Any type of vehicle may be involved in an accident as a result of negligent operation.  Tow trucks are no exception.  Tow truck drivers may not be paying attention to the traffic around them, could be operating under the influence of alcohol or prescription drugs, and may disobey traffic rules. The fact remains, tow truck drivers are not different than any other driver, and while they are first responders, they are still required to follow the rules of the road when not responding to an accident scene.  Anyone who is a victim of a tow truck accident can sustain serious injuries, primarily because tow trucks are typically much large than a passenger vehicle.

Tow truck maintenance is a serious concern, because these vehicles have several mechanisms which can result in another person being injured should they fail.  Mechanical failures can occur in the engine, in tow truck cables or hydraulic systems, or because of faulty brakes.  Regular inspection of the various parts of a tow truck is imperative to keep all drivers safe on Florida roadways.

Tow truck drivers must be properly trained to ensure they have properly secured disabled or junk vehicles on the tow truck. If the vehicle being towed has been attached incorrectly, the vehicle could come loose and cause an accident; which can lead to serious injury, or even death.  Another concern with tow trucks is their brake lights could be obstructed from view to other drivers when they are towing another car.

INJURIES SUSTAINED IN TOW TRUCK ACCIDENTS

The types of injury a victim of a tow truck accident may sustain depends largely on the reason for the accident.  Someone who is a victim of a tow truck accident because of brake failure can sustain serious back, head and neck injuries as well as have their car totaled.  The victim is not only facing the weight of a tow truck, but also of the vehicle being towed.  These types of injuries can cause victims to miss long periods of time from work, suffer debilitating pain, and may need repeated surgical procedures before they begin their recovery period.

STEPS TO TAKE AFTER TOW TRUCK ACCIDENTS

Seek medical attention after any type of an accident, especially after an accident involving a tow truck. The sheer size of the vehicle involved makes it unlikely you will escape the accident unscathed, even if you feel fine.

IF YOU, OR A LOVED ONE, HAS BEEN INVOLVED IN AN ACCIDENT ON FLORIDA ROADWAYS INVOLVING A TOW TRUCK, AN EXPERIENCED PERSONAL INJURY LAWYER CAN HELP ENSURE YOU KNOW YOUR RIGHTS AND WHAT TO EXPECT AFTER AN ACCIDENT.

TROY & SCHWARTZ, LLC

9415 SW 72nd Street, Suite 110

Miami, FL 33173

305-279-4740

We are standing by for your phone call!  305-279-4740.  or 1-800-559-4320

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Posted in Uncategorized on September 26,2019 02:09 PM

OTHER RECENT POSTS

Sep
17

ACTUAL AND CONSTRUCTIVE KNOWLEGE IN FLORIDA SPLIT AND FALL CASES -LAW OFFICE OF TROY & SCHWARTZ, LLC MIAMI 305-279-4749

If you have a slip and fall injury in Florida,  It’s important for you to understand the difference between actual and constructive knowledge and how it applies in a personal injury case.

UNDERSTANDING ACTUAL VS. CONSTRUCTIVE KNOWLEDGE

To successfully gain compensation in a slip and fall accident case , you must be able to prove that the defendant had actual or constructive knowledge of the problem that caused your injury.  If you can prove that the defendant had knowledge and did nothing to correct the problem, you may be able to win your case.

Constructive knowledge is when the hazard either occurred regularly and was foreseeable and preventable, or existed for long enough that the entity should have reasonably known about it.  Constructive knowledge can be proven through  circumstantial evidence.

A skilled Florida personal injury attorney will be able to tell you whether enough actual or constructive knowledge exists to form a successful slip and fall case.

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Posted in Uncategorized on September 17,2019 12:09 PM
Aug
27

MIAMI DOMESTIC VIOLENCE LAWYER- CALL LAW OFFICE OF TROY & SCHWARTZ, LLC- 305-279-4740- OFFICE IN MIAMI

MIAMI DOMESTIC VIOLENCE LAWYER

Domestic Violence is a serious offense in Miami, Florida.  Whether you are the victim of domestic violence or have been accused of it. Law Office of Troy & Schwartz, LLC can represent you and fight for your rights.  Our attorneys handle all cases pertaining to domestic violence, including petitions for injunctions against domestic violence (restraining orders) and defense against those injunctions.  We represent the victims and those accused of domestic battery or violation of an injunction.

If you are involved in a situation involving domestic violence in Miami, Florida or the surrounding area, speak with a Miami Domestic Violence Lawyer.  In a situation like this, it is crucial to have a Miami-Dade, Florida Domestic Violence Lawyer on your side.  Contact our Miami Criminal Defense Lawyers by calling:  305-279-4740.

So you went to court and fought a domestic violence injunction, but the Court found grounds to enter the injunction anyway.  What does that mean for….

You have been served with a domestic violence injunction in Florida.  Now what? Though you have been served with an inunction, most people don’t….

 

CALL US NOW! 305-279-4740 OR TOLL FREE 1-800-559-4320

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Posted in Uncategorized on August 27,2019 01:08 PM
Aug
26

MY FLORIDA DRIVER’S LICENSE WAS SUSPENDED: WHAT SHOULD I DO? CALL TROY & SCHWARTZ, LLC LAWYERS- 305-279-4740 OFFICES IN MIAMI

In Florida, as it is in all states, driving is a privilege and not a right.  To this end, your driving privileges can be suspended or revoked as a penalty for a number of reasons by taking away or invalidating your Florida driver’s license.  One of the most common reasons a driver’s license is suspended in Florida is being arrested for or convicted of driving under the influence (DUI), but it can also be suspended for having too many traffic violations on your driving record, or for failing to meet specific financial obligations, such as child support.

A suspended driver’s license is not final.  You do have options to either appeal the suspension or attempt to reinstate your license before the suspension’s original end date.

REINSTATING A SUSPENDED LICENSE

If your Florida driver’s license was suspended before you could file for an appeal, you will not be able to drive freely until your license is reinstated.  For most cases, reinstatement only becomes an option after the original suspension duration is completed, but it may be possible to have it reinstated earlier under specific circumstances.

IN ORDER TO HAVE YOUR LICENSE REINSTATED, YOU MAY BE REQUIRED TO:

. Attend any and all necessary court dates, directly related to the suspension

. Completely pay all fines and fees associated with the suspension and reinstatement, as well as those related to child support payments.

. Take traffic school or DUI school courses and pass any administered exams.

.  Purchase or prove that you have purchased bodily injury liability insurance.

. Enroll in drug or alcohol rehabilitation treatment, especially if you have multiple DUI’S on your driving record.

. Receive corrective lenses and prove your vision has improved if your license was suspended due to being legally blind.

. Serve any jail time or probationary periods if license suspension was related to a criminal conviction.

It is highly recommended that you apply for a Florida hardship driver’s license if your license is suspended.

DRIVING WITH SUSPENDED LICENSE LAWYER- 305-279-4740 IN MIAMI, DADE COUNTY FL

CONTACT OUR FIRM AT ANY TIME TO REQUEST A FREE CASE EVALUATION AT OUR MIAMI OFFICE LOCATION- 305-279-4740

TROY & SCHWARTZ, LLC

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Posted in Uncategorized on August 26,2019 02:08 PM
Aug
23

What Should You Do With Your Careless Driving Ticket in Miami Dade, Florida – Call 305-279-4740- LAW OFFICES OF TROY & SCHWARTZ, LLC

If you recently got a careless driving ticket in Miami or anywhere in Florida, we know that you likely have many questions about how it will impact your driving record and your possible criminal record.

When you receive a careless driving ticket in Florida, you should learn more about this offense, potential defenses, and the penalties that you may face under Florida law.

The most important thing will be working with a Miami, Florida traffic defense attorney to learn more about fighting the ticket and the charges.

LEARN MORE ABOUT THE DEFINITION OF CARELESS DRIVING UNDER FLORIDA LAW

Under Florida law ( Fla. Stat. 316.1925) careless driving is defined in terms of failing to obey the law.  The statute makes clear that “any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”

The statute goes on to explain that “failure to drive in such manner shall constitute careless driving.”  In other words, anyone who is driving in Miami, Florida is expected to obey the rules of the road in order to avoid harming anyone else or causing any type of property damage.  If a driver fails to drive in that manner, or what Florida law describes as a careful and prudent manner, than you can face careless driving charges.

A person can get a ticket for careless driving in a wide variety of circumstance, including traffic accidents in which the law enforcement official believes that the person is at fault, as well as any incidents in which a law enforcement official believes that a driver is not driving in a careful and prudent manner.

To be clear, no harm has to occur- nobody has to get hurt and no property damage must occur- in order for a person to get a ticket for careless driving.

UNDERSTANGIN PENTALTIES FOR CARELESS DRIVING IN FLORIDA

You should know that penalties for careless driving in order to understand the importance of fighting your ticket.  While careless driving is not a criminal offense, potential penalties can include costly fines.  The maximum penalty for a careless driving charge under Florida law is $500, while.

Yet penalties for careless driving extend beyond the financial penalty that you will pay.  Typically, a careless driving conviction means that you will end up with more points on your license than you would with a typical traffic violation.

While many moving violations result in 3 points or fewer on a person’s driver’s license, a careless driving conviction can result in 4 points on your driver’s license.  As a result, a careless driving ticket can end up costing significantly more money in the long run for car insurance.

In some cases, it may be possible to get what is known as a “withhold of adjudication.”  In Florida, this means that the person does not have a conviction, and must take a driving class in order to avoid having a conviction on his or her record.

 

Troy & Schwartz, LLC – CALL US NOW!  305-279-4740- OFFICES IN MIAMI

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Posted in Uncategorized on August 23,2019 10:08 AM