Congratulations to Attorney Stephen Vicari

Attorney Stephen Vicari of the Stewart Law Offices recently helped our Client obtain a $33,805,430.20 judgment after suffering serious injuries in a car crash.  A drunk driver got behind the wheel after a night out drinking and caused a wreck.  The wreck resulted in our Client, the passenger of the drunk driver, sustaining catastrophic and life-altering injuries, including, a traumatic-brain injury, a fractured neck, a fracture of the right femur, and other injuries.

A lawsuit was filed against the drunk driver and both bars who overserved the drunk driver, and a judge awarded a judgment of $33,805,430.20, representing medical bills incurred, future medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.*  Judgments such as this send a clear message: businesses that serve alcohol have a duty to not over serve its patrons.

As a South Carolina native, attorney Stephen Vicari works to protect the members of our community. We are proud to have him representing clients on behalf of Stewart Law Offices. Stewart Law Offices focuses exclusively on helping injured victims in North and South Carolina. For over 25 years our firm has fought to protect the rights of accident victims, recovering millions of dollars in compensation for our deserving clients.*

*Listed results are before deduction of fees and cost. Case results vary. Prior results do not guarantee any future outcomes.

 Attorney Stephen Vicari

10 Calendar Ct. Suite 100

Columbia, SC 29206

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Car Accident Deaths Up to Record Levels

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has just released a concerning report that shows the number of car accident deaths is way up in 2021. Early projections of the traffic fatality rates for the first half of 2021 show the largest six-month increase of traffic fatalities ever recorded in the Fatality Analysis Reporting System’s (FARS) history. The staggering number of fatal car crashes led to the United States Transportation Secretary referring to the number of rising traffic deaths as a “crisis” and urging immediate change and cooperation to alter course. Stewart Law Offices urges you to take notice of this concerning information and try to stay safe while driving.

Results from New Data on Car Accident Death Toll

The NHTSA released the Early Estimate of Motor Vehicle Traffic Fatalities for the First Half (January-June) of 2021 that revealed a startling number of innocent people have lost their lives during the first six months of 2021. According to this report, an estimated 20,160 people died in fatal car crashes in the first half of 2021.

One of the reasons why more traffic deaths may have occurred in the first half of 2021 than in 2020 is that more vehicle miles are being logged in 2021. During the first half of 2020, many businesses and establishments were closed during the COVID-19 crisis. Now that things have largely reopened, people are getting out more. Preliminary data reported by the Federal Highway Administration (FHWA) show that vehicle miles traveled in the first half of 2021 increased by approximately 173 billion miles, representing a 13-percent increase in the number of miles reported for the first half of 2020. With more people on the roads logging more miles, it is important to watch out for careless drivers and to drive defensively.

How This Compares to Previous Years’ Fatality Rates in Car Accidents

20,160 people are believed to have died in traffic accidents during the first six months of 2021, compared to the 17,020 people who tragically lost their lives in traffic accidents in the first half of 2020. This represents 3,140 more deaths or an 18.4-percent increase. Traffic fatalities in the first half of 2021 represent the highest number of traffic fatalities during the first half of the year since 2006 and the highest half-year percentage increase in the history of data recorded by FARS.

Additionally, the second quarter of 2021 compared to 2020 also represents a significant increase in the number of traffic fatalities. For the second quarter in 2021, there are a reported 11,225 fatalities, the highest number of traffic fatalities since 1990 and the highest quarterly percentage change of 23.1 percent in FARS data recorded history.

Possible Reasons for Increased Traffic Fatality Rates

The COVID-19 pandemic has certainly had a major impact on the recent spike in traffic fatalities. The NHTSA reported 38,680 deaths on U.S. roadways in 2020, the highest number of traffic deaths since 2007. And this was despite a 13-percent reduction in the total number of vehicle miles traveled due to widespread lockdowns and more people working from home.

The LA Times released an exposé in which they revealed that after decades of safety gains, the pandemic caused many U.S. drivers to become more reckless, more likely to speed, drink, use drugs, and leave their seat belts unbuckled. Safety experts believe that many drivers have adopted unsafe driving habits that may persist. They also believe that these driving behaviors are a reflection of widespread feelings of isolation, loneliness, and depression.
These statistics show that driving on roadways today can be very dangerous, especially if you encounter aggressive, impaired, or reckless drivers. We urge you to take all necessary safety precautions on the road and to drive defensively. If someone hurts you on the road, we will be there to help.

Need a Car Accident Lawyer? Stewart Law Offices Can Help

With more traffic accidents occurring on our roadways, the time may come when you need a personal injury lawyer’s assistance to help you recover after being injured in a car accident. Stewart Law Offices has car accident lawyers in North and South Carolina who are prepared to help you with your case. If you were injured in a car accident and would like to know more about your legal rights and options, contact Stewart Law Offices for your free consultation.

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How Not Wearing a Seat Belt Can Affect Your Car Accident Claim

We know that seat belts help save lives. According to the Centers for Disease Control and Prevention, seat belts reduce the risk of death by 45 percent among drivers and front-seat passengers.

What many people don’t realize is that, beyond the safety benefits of wearing a seatbelt, safety restraint use can also impact accident claims. For drivers and passengers involved in accidents, the question of whether they were wearing a seatbelt at the time of the collision can have significant repercussions.

If you were not wearing your seatbelt in a crash, you may face challenges recovering compensation, even if the accident wasn’t your fault.

The car accident lawyers in North and South Carolina at Stewart Law Offices want to help you understand how the lack of a seatbelt can affect your car accident claim. You can also contact us to discuss your claim during a free and confidential consultation. 

Repercussions of No Seatbelt in a Car Accident  

First and foremost, one of the most significant repercussions of not wearing a seatbelt at the time of an accident is the severity of a victim’s injuries. The National Highway Traffic Safety Administration reports that of the 22,215 people killed in car accidents in a recent year, 47 percent were not wearing seatbelts. 

Those who survive a serious crash while not wearing a seatbelt tend to suffer much more severe injuries. Occupants who fail to wear a safety restraint can be thrown throughout the vehicle and, in some cases, be ejected from the vehicle entirely. Injuries may include:

• Traumatic brain injuries
• Facial injuries
• Dental injuries
• Paralysis
• Amputations
• Broken bones
• Road rash

Not wearing a seatbelt may also affect whether you can pursue compensation against the at-fault driver and how much compensation you might be able to recover, based on contributory negligence and comparative fault rules.

Contributory Negligence and Comparative Fault in North and South Carolina

“Contributory negligence” and “comparative fault” are terms that dictate how a personal injury claim will be affected if an accident victim acted in a negligent way that contributed to the accident. While they are both tort liability states (accident victims file a claim against the at-fault driver for compensation for their injuries instead of filing a claim with their own insurance company), South Carolina and North Carolina have very different rules for personal injury lawsuits.

North Carolina is one of a handful of remaining contributory negligence states. In a contributory negligence system, if a victim is found to be even slightly to blame for the circumstances of a car accident, they are barred from receiving any compensation. In North Carolina, the contributory negligence rule can make it extremely difficult to recover compensation if a victim was not wearing a seatbelt. Insurers or defendants can argue that the failure to wear a seatbelt contributed to the seriousness of the victim’s injuries and that they should have mitigated the risk by wearing a seatbelt. This could be enough to bar a person from receiving money for their injury-related losses. 

South Carolina follows a modified comparative negligence rule. In modified comparative negligence states, a victim’s share of compensation may be reduced by the percentage of responsibility they bear for causing the accident. This is true as long as the victim’s liability is not greater than that of any of the other parties involved in the collision. Therefore, even if they contributed to the accident, they can still pursue a personal injury claim as long as the other party was more negligent. So, if a victim is 10 percent responsible for causing an accident in South Carolina, the courts can reduce that victim’s share of compensation by 10 percent. If the victim is more than 50 percent responsible, they would not be able to recover compensation.

Because these legal issues are complex, consider contacting a knowledgeable car accident attorney to learn how these rules may affect your claim. 

Contact Stewart Law Offices Today to Learn More 

Not wearing a seatbelt at the time of an accident generally does not automatically exclude you from being able to receive compensation. However, it can make your claim significantly more challenging.

If you have been in an accident and weren’t wearing a seatbelt, contact the legal team at Stewart Law Offices today. We can review your case and help you sort through your legal options. Don’t give up on the compensation you may deserve. Set up a free consultation today.

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Stewart Law Firm Named 2022 U.S. News – Best Lawyers’ “Best Law Firms”

Rock Hill, SC – Stewart Law Offices, a personal injury law firm in Rock Hill, South Carolina, has been named in the 2022 Edition of U.S. News – Best Lawyers’ “Best Law Firms.” The recognition comes on the heels of the law firm’s meritorious service in representing injury victims and helping them navigate the claims process.

The organizers of the annual peer-review survey consider firms that have at least one attorney who has received a high enough peer review to be listed in the current edition. The survey’s overall ranking is also based on a combination of client feedback, the information provided on the Law Firm Survey, the Law Firm Leaders Survey, and Best Lawyers Peer review.

Stewart Law Offices was found to have met all of the criteria to be a participant in the 2022 Edition of the peer-review survey. The attorneys at the law firm represent their clients in all kinds of personal injury cases, including those involving employee accidents and injuries. Their workers’ compensation lawyer stands firm behind injured workers while negotiating in the victim’s best interest. They offer free initial consultations to all injured employees and provide free home and hospital visits for injured workers who have been badly hurt.

Stewart Law Offices, led by Attorney Brent P. Stewart, has won several millions of dollars* in different personal injury cases for their clients. The lead attorney at the law office has over 30 years of legal experience and focuses on providing comprehensive and compassionate services to everyone who walks through his doors. Accident victims, irrespective of the kind of personal injury case they’re in, can rest assured that they’ll enjoy personalized, one-on-one representation that puts them and their interests first.

The personal injury lawyers at the law firm ensure that each accident victim is presented with a chance to better focus on their health and recovery. Accident victims won’t have to worry about upfront legal costs or fees** until their case has been concluded and compensation awarded. Stewart Law Offices handle all kinds of personal injury cases, including car accidents, truck accidents, motorcycle accidents, boating accidents, bicycle accidents, and medical malpractice cases.

When in need of legal representation in nursing home abuse cases, wrongful death cases, pedestrian accidents, dog bites, slip and fall accidents, and other related personal injury cases, contact Stewart Law Offices via phone at 803-328-5600 or visit them at 1242 Ebenezer Rd, Rock Hill, South Carolina 29732 USA. Learn more about their legal practice by visiting their website.

*Case results vary. Prior results do not guarantee any future outcomes.

**Fees computed on gross recovery before deduction of expenses.

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Can Passengers File a Claim If Injured in a Car Accident?

If you were injured as a passenger in a car accident, you have the right to file a personal injury claim against the at-fault driver, in the same way you would if you had been driving. Several insurance policies may be available to help pay for your damages, including your medical expenses, lost wages, and pain and suffering. Below, we discuss passenger rights and your potential options for recovery.

What Insurance Covers You

Several insurance policies may potentially cover you as an injured passenger, including:

• Personal Injury Protection (PIP) – PIP covers medical bills and lost wages, regardless of who is at fault. 
• Medical Payment (MedPay) – MedPay covers medical expenses following a car accident, regardless of who is at fault. 
• Bodily Injury Coverage – Bodily injury coverage is liability insurance. The at-fault driver’s liability insurance pays for the damages their insured’s negligence causes. Every driver must carry at least $25,000 in bodily injury liability coverage.  
• Uninsured Motorist Coverage – If the at-fault party does not have any insurance, you may have uninsured motorist coverage as part of your own insurance policy that can help cover your expenses.
• Underinsured Motorist Coverage – If the at-fault party has some insurance but it is not enough to fully cover your damages, you can file a claim with your underinsured motorist coverage, if you have any.
• Health Insurance – You can use your own health insurance for treatment. You may have to reimburse the health insurance company out of any settlement you receive, but it can still save you money to initially use your health insurance because insurance companies negotiate lower treatment costs with providers. Additionally, a South Carolina car accident lawyer can help negotiate down medical liens so that you keep more money in your pocket after your case settles.

Whom to File a Claim Against

You generally file a claim against the at-fault driver. That may be the driver of the car you were in, the driver of the other vehicle, or both. If you are not sure who was at fault for the accident or your claim involves disputed liability, you can file a claim against any party you believe was partially at fault. Under joint tortfeasor liability principles, each party is responsible for their percentage of fault in an accident. 

For PIP and MedPay, both of which are no-fault policies, you can file a claim with your own insurance or the insurance that covered the vehicle you were traveling in at the time of the accident.

If the at-fault driver does not have insurance or enough insurance to cover your damages, you can file a claim with your own insurance. 

How Stewart Law Offices Can Help

If you were injured in a motor vehicle accident, a South Carolina car accident lawyer from Stewart Law Offices can help. We can assist you with filing your claim, investigate the accident to determine all potential sources of insurance and compensation, and help you seek full and fair recovery. Contact us today for your free consultation.

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North and South Carolina Personal Injury Lawyer Fees, Explained

One of the most common questions our personal injury law firm receives is “How much will my case cost?” Often, there is not a specific number that our personal injury lawyers can give you right away because the answer is complicated and every case is different. The fee may depend on several factors. Below, we discuss everything you need to know about personal injury fees.

Contingency Fee Explained

At Stewart Law Offices, we handle personal injury cases on a contingency fee basis. This arrangement lets us provide experienced legal support to clients without charging them any fees upfront. Payment for our time and services is only due upon your recovery. So, if there is no recovery, there is no fee.

Our fees are paid as a percentage of any recovery we make on your behalf. For example, if we charge a contingency fee of one-third and we recover $100,000 for you, our contingency fee would be $33,333. We are then reimbursed for any money our firm paid for costs on your behalf, such as filing fees, court reporter fees, or expert witness fees.

While you might be worried about the cost of hiring a personal injury lawyer, remember that you do not have to pay anything upfront. If we do not recover money on your behalf, you will not owe money for any attorney fees. Additionally, we will explain how we can maximize your personal injury settlement so that more money is left in your pocket at the end of your case. This arrangement lets you get the benefit of experienced legal representation while minimizing any financial risk on your part.

We explain more information about our fees here. We also discuss our fee agreements to prospective clients during our no-cost, no-obligation initial consultation.

Rules For Setting Fees

South and North Carolina personal injury lawyers must follow specific rules for setting their fees, known as the Rules of Professional Conduct and established by the state bar. These rules describe types of fee arrangements, what types of fees can be collected, and how they are collected. They also set out factors that should be considered in setting attorney fees, such as:

• The lawyer’s skill and experience
• The novelty or difficulty of the issues involved
• The complexity of the case
• What other attorneys in the area charge for similar services
• How long the rendered legal services are expected to take
• Whether taking the case will preclude the lawyer from taking other cases
• The amount involved and the results obtained

A lawyer may charge a different amount based on how the case is ultimately resolved. For example, if a case is resolved through an injury case settlement, there may be a lower fee than if the case involves a personal injury lawsuit because litigation can be more complex and time-consuming.

Contact Stewart Law Offices Today

At Stewart Law Offices, we believe in transparency in our representation and fee structure. We put all fee agreements in writing and can also discuss them during your initial consultation. Contact us today to learn more and to speak with a knowledgeable personal injury lawyer about your case.

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Frequently Asked Questions About Boating Accidents

South Carolina has more than 8,000 miles of river, 460,000 acres of lakes, and 3,000 miles of coastline, according to South Carolina’s Department of Natural Resources. This landscape makes it perfect for boating, which many individuals and families enjoy. However, this also makes it a prime location for boating accidents.

At Stewart Law Offices, we receive a lot of questions about boating accidents. Here are the most frequently asked questions about boating accidents and their answers.

How Common Are Boating Accidents?

The U.S. Coast Guard reports the following statistics about recreational boating accidents that occurred throughout the country in the most recent year for which data is available:

• 4,168 accidents
• 613 deaths
• 2,559 injuries
• $55 million in property damage

North Carolina accounted for 128 of these accidents and 16 fatalities.

South Carolina was responsible for 141 accidents and 15 fatalities.

Who Is Liable for a Boating Accident?

Like with other motorized vehicle accidents, a negligent operator of a boat is usually liable for boating accidents. However, there are some situations when other parties may be responsible for accidents, such as:

• Employers – An employer can be responsible if an employee is operating a boat negligently while working.
• Manufacturers – If a boat or boat component is defective, the manufacturer may be responsible.
• Government – In some instances, the government responsible for maintaining navigable waters may be responsible for accidents, such as when failing to warn boat operators of dangers or if a government worker negligently navigated a boat.

 What Are the Most Common Causes of Boating Accidents?

According to the U.S. Coast Guard, the five primary contributing factors of boating accidents are:

• Operator inattention
• Improper lookout
• Operator inexperience
• Excessive speed
• Alcohol

Other common causes of boating accidents include:

• Machinery failure
• Defective equipment
• Propeller problems
• Navigation rules violations
• Restricted vision
• Failure to vent
• Sharp turn
• Drug use
• Hazardous waters

How Do I Receive Compensation for a Boating Accident Injury?

You can work with a boating injury lawyer to investigate your accident and collect evidence regarding the defendant’s negligence. A boating lawyer can also identify all potential sources of compensation.

What Is the Deadline to Make a Claim for Boating Accidents?

Each state has a deadline to file certain types of legal actions. This is known as the statute of limitations. The statute of limitations in South Carolina is three years for personal injuries. The statute of limitations for personal injury claims in North Carolina is also three years.

What Are Some Major Laws Surrounding Boating Accidents?

Boat operators in South Carolina must follow strict rules surrounding the safe operation of boats. If they violate these laws, they may be subject to fines, the revocation of their boating license, and even jail time. Some South Carolina boating regulations include:

• Operators cannot operate a boat under the influence of drugs or alcohol.
• Each boat must contain one U.S. Coast Guard-approved wearable personal flotation device for each person on board.
• Boats must use navigation lights between sunset and sunrise.
• Operators cannot exceed idle speed within 50 feet of an anchored vessel, dock, wharf, pier, or person in the water. Additionally, operators cannot exceed idle speed within 100 yards of the Atlantic coastline.
• Boats operated in coastal waters must carry flares.
• Operators must report any accident that results in the loss of life, injury, unconsciousness, or medical treatment to the Department of Natural Resources.
• Boats must carry a sound-producing device or bell and whistle, depending on the size of boat.

Contact Stewart Law Offices for Help with Your Boating Accident

If you or a loved one was injured in a boating accident, do not hesitate to reach out to the experienced boating lawyers from Stewart Law Offices. We can investigate your claim and identify all potential sources of compensation. We do not collect any attorney fees unless we successfully recover compensation on your behalf. Contact us today to get started.

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Common Swimming Pool Injuries

According to Stanford Children’s Health, approximately 830 children ages 14 and under drown each year. Drowning is the second leading cause of unintentional death for children between the ages of 1 and 4 and 10 and 14. About 3,600 injuries occur each year because of a near-drowning incident.

While swimming can be a fun activity and a great form of exercise, it can also lead to tragedy when people aren’t careful.

Common Swimming Pool Injuries and Deaths

Some of the most common causes of swimming pool deaths and swim injuries include:

• Drowning – If a person is submerged under water and suffocates, it is considered a drowning if a death occurs within the first 24 hours after submersion.
• Near drowning – In a near-drowning accident, the victim survives after the 24-hour window of submersion.
• Entrapment – Entrapment occurs when a suction force causes a person’s body, hair, or clothing to get entangled in the pool. Pool drain deaths are tragically far too common. Entrapment can also occur because of pool toys.
• Diving injuries – A common cause of swimming injuries is diving into shallow water or diving injuries caused by malfunctioning diving boards. These accidents can cause serious head injuries or paralysis.
• Pool slide injuries – Injuries can occur on pool slides when people fall off of them, go down headfirst, or are dropped into shallow water.
• Slips and falls – Some poolside accidents occur when people slip and fall on the ground surrounding the pool.
• Electrical burns and injuries – Electrical defects and malfunctioning electrical systems can have dangerous consequences when combined with a water supply.

 Swimming Pool Owner Law

Property owners, whether public or private, are responsible for keeping their pool in a safe condition. Pool owners know that children may be tempted to swim in their pool, so they are responsible for taking proactive measures to prevent children from coming uninvited onto their property and using the pool without their permission. North Carolina pool owners are required to have fencing around their pools that is at least four feet tall.

Property owners who fail to uphold these responsibilities may be financially responsible for injuries that occurred, including if a child drowned on their property. Under basic principles of premises liability, property owners may be responsible for compensating victims for damages such as:

• Medical expenses
• Lost wages
• Physical disability
• Pain and suffering

 Public Pool vs. Private Pool Liability

Swimming pools are a prime location for water accidents. Public pools and private pools are often regulated by state rules, such as North Carolina’s Public Swimming Pool Rules and South Carolina’s Public Swimming Pools Regulations. Additionally, local governments and municipalities can pass additional ordinances to regulate swimming pools, such as the City of Raleigh’s rules, Mecklenburg County’s ordinance, or the City of Aiken’s permit requirements.

These rules regulate such aspects of swimming pools like:

• Barriers, such as requiring fencing that is at least four feet tall around any below or above-ground pools that does not contain any gap that is 4 or more inches wide
• Gates, such as requiring that gates be installed near pools to limit access to them and that they be self-latching
• Pool covers, such as requiring them if any part of a barrier is a wall of a house or building
• Warning signs, such as requiring a warning that there is no lifeguard on duty
• Emergency equipment, such as requiring a pole and flotation device to help prevent accidental drownings
• Water play zones, such as regulating how much turnover time is necessary at kids swimming pools, wading pools, or water play zones
• Water source, such as requiring that water in a pool be acceptable for use as potable water

 How to Prevent Injuries

Many swimming accidents can be prevented with careful planning and maintenance, such as:

• Teaching children how to swim
• Avoiding drinking or using drugs when swimming
• Always supervising children in a pool
• Not allowing roughhousing in or near the pool
• Properly securing the pool

 How Stewart Law Offices Can Help

If you or a loved one was hurt in a swimming pool accident, the experienced personal injury lawyers at Stewart Law Offices can help. Contact us today to learn more about your legal rights and options.

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Is Buzzed Driving Drunk Driving? Why You Shouldn’t Drive After a Drink at a Barbecue

You know not to drink and drive. But, you might wonder if it’s okay to drive after just one or two drinks, such as after a barbecue with friends. There are some situations where “buzzed driving” may be the same as drunk driving. In any event, it should be avoided.

What Is the Legal BAC Limit in North Carolina and South Carolina?

Most people realize that driving with a blood alcohol concentration level of 0.08 percent or higher can mean that they can be charged with drunk driving. However, both North Carolina and South Carolina recognize that impairment can happen at lower levels.

In North Carolina, it is “illegal to drive a vehicle while noticeably impaired,” according to the North Carlina Department of Public Safety.

In South Carolina, it’s illegal to operate a motor vehicle while under the influence of alcohol to the extent your faculties to drive are “materially and appreciably impaired,” according to the South Carolina Department of Public Safety.

Therefore, the “legal” alcohol limit may be less than 0.08 percent if alcohol is affecting your ability to safely drive.

So, you might be wondering, how many drinks can I have before driving? Or, can you drive after one drink or after just one or two drinks?

The safest thing to do is to avoid driving after you have drunk any alcohol at all. Also, watch for any of the following signs that may imply some level of impairment from alcohol:

• Changes in your judgment
• Your vision is blurred
• You are not as alert
• Your response time is slowed

How Long Does It Take One Drink to Leave Your System?

Unfortunately, there is not a clear-cut answer to this question. A number of factors affect how much alcohol it takes to become impaired or how long a drink remains in your system. These factors include:

• The type of alcohol you are drinking
• The number of ounces you have consumed
• How quickly you drink the alcohol
• Your weight
• How much food is in your stomach
• Your sex
• Medical conditions

Some general rules regarding the amount of time it takes for alcohol to leave your system include:

• It generally takes over one hour to cancel the effects of one drink.
• A woman who weighs about 120 pounds will reach the legal limit after only two drinks
• It will generally take four drinks for a 180-pound man to reach a BAC of 0.08 percent

How Minimal Drinking Can Lead to Accidents

Studies have shown that drivers with a BAC as low as 0.02 percent may suffer from the following negative effects that make them more likely to cause an accident:

• Worsened vision
• Difficulty tacking a moving object
• Difficult performing two tasks at the same time

When behind a metal machine weighing an average of 4,000 pounds, the slightest mistake can lead to a serious or even fatal collision. Any amount of drinking can lead to slight impairment that can have a devastating effect on others.

How Stewart Law Offices Can Help

If you were injured by a drunk driver, the personal injury team at Stewart Law Offices can help pursue fair compensation for the injuries you have suffered. Contact us for a free case review to discuss your options.

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Stewart 5 Mistakes That Can Limit Your Personal Injury Claim

If you are considering filing a personal injury lawsuit, it is important that you avoid these five common mistakes:

• You Forget You Are Under Investigation

Once you make an insurance claim, the insurance company may try to do everything possible to limit the amount it pays for your claim. In some situations, insurance companies may have adjusters or private investigators follow you or stalk your social media pages to try to take pictures or videos of you doing something contrary to your claim. They may try to photograph you taking a vacation, lifting groceries, or doing yard work to try to show that your injury is not as serious as you say.

• You Talk About Your Case on Social Media

Insurance adjusters love social media. This is sometimes a treasure trove of information. Accident victims may understandably reach out to their loved ones for support during this difficult time. However, insurance adjusters may be able to get private details about the case and find people to subpoena if the accident victim talks about their case on social media

• You Reveal Private Details to Others

Anything you say to your lawyer related to your case is protected by attorney/client privilege. However, if you reveal the details of these private conversations to others, your communication is no longer protected. The other side may be able to subpoena these people to whom you have divulged private details, which may hurt your case and your bargaining position

• You Don’t Give Your Lawyer Documents Related to Your Injury

The days and weeks following a car accident can be excruciating. You may be in pain while also worried about missing time from work. You may have difficulty tending to your everyday activities. While this is understandable, it is still important that you provide your personal injury lawyer with your newest medical records, employment records reflecting your dates of missed work, and other documents related to your injury. Failing to do so could result in your injury case settlement being lower than it should be and you not receiving compensation for everything you’re entitled to

• You Ignore Your Doctor’s Advice

While you might be tempted to return to work early, work out, or do other things your doctor has warned you against, try to resist the temptation. Your doctor cares about your health and wants you to recover as quickly and fully as possible. Please follow your doctor’s advice and restrict activities and rest as instructed.

Get Legal Help from Stewart Law Offices Now

If you were injured in a car accident or other personal injury, do not make the mistake of trying to handle your claim on your own. The experienced personal injury team at Stewart Law Offices has more than 25 years in the business and knows how to avoid the common mistakes discussed above. Our results* speak for themselves. We offer a free consultation where we can discuss your claim and how to maximize your personal injury settlement. Contact us today to get started.

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Top 5 Reasons to Hire a Personal Injury Lawyer

If you’ve been injured in an accident, the prospect of hiring a lawyer can feel like an intimidating task. However, a personal injury attorney can be a valuable ally in your fight for compensation. Getting the money you need for your medical expenses, missed wages, and other losses can set you on the path for healing without having to worry about how you’re going to pay the bills.

People often wonder whether it’s worth the time and effort to find a lawyer. After all, the insurance company has already made you a settlement offer, right? Before you accept, hit the pause button. Here are the top 5 reasons why you need a personal injury attorney:

1. Knowledge of the law. Lawyers narrow their practices to certain areas of the law. If you need a divorce, you go to a divorce lawyer. If you’ve been hurt in an accident, you want a personal injury attorney who understands the unique aspects of handling these types of cases.
2. Contingency fee arrangements: Some lawyers charge hourly fees for their work. Most personal injury attorneys, including Stewart Law Offices, handle cases on a contingency fee basis. That means that the attorney only collects a fee if your case wins. The fee will be deducted as a percentage from the ultimate award. With a contingency fee arrangement, you can rest assured that the attorney is fully invested in the outcome of your case and that you won’t be burdened by cumbersome legal fees while the case is pending.
3. Strong negotiating skills: The vast majority of personal injury claims result in settlements with the insurance company. But no matter how sympathetic they sound, insurance adjusters are not your friends. They are hired to save the insurance company money. How? By convincing you to accept the lowest possible settlement offer. A personal injury lawyer will know the true value of your case and negotiate firmly for a full and fair award.
4. Personalized legal advice: No two injury claims are alike. A personal injury lawyer can look at the facts of your case and tailor the legal approach to meet your specific needs and goals.
5. Free consultations: Just as there’s no cost to hire a personal injury lawyer, there’s no cost to learn whether you have a case. Most injury attorneys offer free initial consultations to prospective clients. That means there is literally nothing to lose by learning your legal options.

When Should I Contact a Personal Injury Lawyer?

There are certain circumstances where you should always call a personal injury lawyer. Reach out as soon as possible if:

• Someone was severely hurt or killed.
• Fault is being disputed.
• The insurance company is refusing to pay your claim.
• You are feeling overwhelmed.

Get Legal Help From Stewart Law Offices Now

Stewart Law Offices exclusively handles injury cases in both Carolinas. In South Carolina, we have locations conveniently located in Rock Hill, Spartanburg, Columbia, and Beaufort. ** You can also meet with our North Carolina personal injury lawyers in Charlotte.

Find support when you need it most. Call or contact us today for a free consultation.

Get More of Your Personal Injury Questions Answered

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Could Workers’ Compensation Help Me If My Husband Died on the Job?

Nothing is more shocking than learning that a spouse is killed in an accident. When the death occurs at work, it is possible for a surviving spouse or other family members to receive workers’ compensation in North Carolina benefits if the accident was job-related. These are called death benefits.

In the aftermath of your loss, the process of applying for death benefits may seem overwhelming. Let a sympathetic workers’ compensation lawyer from Stewart Law Offices help. Death benefits can provide financial security and allow you to grieve without worrying about how you’re going to pay the bills.

Call or contact us today for a private, free consultation with a N.C. workers’ compensation lawyer.

What are Death Benefits?

Death benefits are monies paid to eligible spouses and relatives after losing a loved one from a job-related injury or illness. In North Carolina, death benefits provide:

• Two-thirds of the deceased worker’s annual weekly wage at the time of the accident for 500 weeks
• Burial expenses up to $10,000

There are certain caps depending on the year of death and a minimum of $30 per week. Weekly benefits are adjusted annually by the N.C. Industrial Commission. You can view the current rate chart here.

Who Can Get Death Benefits?

There is an order of priority for who can receive death benefits in North Carolina:

• Benefits are first awarded to those who are “wholly dependent” on the deceased worker. Examples of beneficiaries include spouses, minor children, and others who can prove they were fully dependent on the worker prior to his or her death. In cases where there are multiple parties who are wholly dependent, death benefits are distributed equally to each beneficiary.
• If there are no wholly dependent survivors, then benefits are split between any partially dependent survivors. Death benefits are paid based on the amount of support that the decedent provided to them.
• f there are no whole or partial dependents, death benefits are paid to surviving next of kin in a lump sum.

Under the law, spouses are assumed to be wholly dependent survivors. If you have any questions about your eligibility for death benefits, an experienced workers’ compensation lawyer can help determine whether you qualify.

How Do I Apply for Death Benefits?

Applying for death benefits is a deadline-oriented process. You have 30 days to provide notice of the death, in writing, to the employer. This must be done even if the employer is already aware of the loss. You will need to file a Form 18 — Notice of Accident to Employer with the N.C. Industrial Commission. If your loved one died from an occupational lung condition, such as asbestosis, silicosis, and byssinosis, you will need to file Form 18B instead.

Generally, you have two years from the date of your spouse’s death to apply for benefits.

Get Support from Stewart Law Offices in North Carolina

At Stewart Law Offices, we want to alleviate whatever burdens we can after your husband or wife’s workplace death. Take comfort in knowing that we can handle all aspects of applying for death benefits for you. While we work on submitting the paperwork to the N.C. Industrial Commission, you can focus on what really matters — taking the time to grieve in peace.

A free consultation with our law firm will be concise, confidential, and compassionate. Call or contact us today to get started.

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The Effects of COVID-19 on Workers’ Compensation Claims

The COVID-19 outbreak has had a tremendous impact on the way Americans live and work. There’s still a lot of uncertainty about the long-term implications of the pandemic, including how the virus could affect workers’ compensation claims.

If you were infected by the COVID-19 virus on the job, continue reading or contact Stewart Law Offices today to learn more about whether you could claim workers’ comp benefits for your illness.

How COVID-19 Affects Workers’ Comp by State

A recent study published by the Workers Compensation Research Institute (WCRI) examined the effects of COVID-19 on workers’ comp claims across 27 different states. Researchers compared state-level data from 2019 and 2020 to learn more about the number of COVID-related claims, the number of non-COVID claims, and the variation in both types of claims from state to state.

The WCRI study shows that the impact of the COVID-19 pandemic on workers’ compensation claims has varied widely among states. Data reveal that the rate of COVID-19 claims as a percentage of all workers’ comp claims ranged from as low as one percent in some states to as high as 42 percent in others during the second quarter of 2020. This variation may be due to the differences in the severity of COVID-19 outbreaks and the workers’ compensation laws in each state.

COVID and Workers’ Comp in North Carolina

To claim workers’ comp benefits under the North Carolina Workers’ Compensation Act (NCWCA), employees must demonstrate that:

• Their employment exposed them to a greater degree of risk for contracting COVID-19 than members of the general public.
• Their employment directly caused them to contract COVID-19.

According to the WCRI study, nearly five percent of all paid workers’ comp claims in North Carolina throughout the second quarter of 2020 were COVID-19 claims.

COVID and Workers’ Comp in South Carolina

In South Carolina, the process for claiming workers’ comp benefits for COVID-19 is less clear-cut. While the law allows eligible workers to claim benefits for certain occupational diseases, it’s not currently clear whether COVID-19 will be considered an occupational disease or a non-occupational disease, which would not be covered.

To recover workers’ compensation benefits for contracting work-related COVID-19, it may be necessary to assert that you sustained an “injury by accident.” In this case, you could be eligible for benefits if you can prove that exposure to infected people caused you to contract COVID-19 at work.

According to the WCRI study, only one percent of all paid workers’ comp claims in South Carolina throughout the second quarter of 2020 were COVID-19 claims.

Can I Be Laid Off During the Pandemic While on Workers’ Compensation?

The answer to this question depends on your employer’s reason for the layoff. Every state has a law prohibiting employers from retaliating against workers who request or receive workers’ comp benefits. This means that you can’t be laid off for merely exercising your right to obtain workers’ comp.

However, you could be laid off by your employer for unrelated reasons while you are out of work due to temporary disability from COVID-19. Being covered by workers’ comp does not protect you from being terminated or let go for legitimate reasons.

Contact the Workers’ Compensation Lawyers at Stewart Law Offices Today

If you need a workers’ compensation lawyer in South Carolina or North Carolina, look no further than Stewart Law Offices. We have delivered successful results to clients just like you for more than 25 years. Contact us today to get started with a free case review.

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8 Reasons Why You May Have Lost Your Personal Injury Case

No matter how straightforward your situation may seem, winning a personal injury case is never easy. Without the right personal injury lawyer to advise you, you may have put a lot of time and energy into the case with nothing to show for it. With so much at stake, it’s important to give yourself the best chance at success when you attempt to recover compensation.

If you lost your personal injury case, you may not necessarily be out of options. Keep reading to learn more from Stewart Law Offices.

Why Did I Lose My Personal Injury Case?

There are a number of reasons you may have lost your personal injury case. Some of the most common reasons include:

• Not hiring a lawyer
• Contributory negligence (North Carolina) or comparative negligence laws (South Carolina), which limit your ability to collect compensation based on your percentage of fault for the accident
• Lack of evidence
• Exaggerating your injuries
• Making social media posts or public statements about the accident and/or your injuries
• Hiding pre-existing conditions
• Waiting too long to file your claim
• Missing court dates or other deadlines

Can You Reopen a Personal Injury Lawsuit?

Whether you can reopen a personal injury case depends on several factors, the biggest of which being how the case was resolved. If your case was dismissed, it will be dismissed either with prejudice or without prejudice.

When a case is dismissed with prejudice, it means the court has determined has made a final decision on the merits of your claim and no further legal action can be taken. A case that has been dismissed with prejudice cannot be reopened using the same legal arguments, although it’s possible to appeal the dismissal in a higher court.

A dismissal without prejudice does not reset the statute of limitations, though. If a dismissed case is refiled after the statute of limitations has expired, it will likely be dismissed a final time.

In some personal injury cases, the injured party accepts a settlement before trial, only to see their injuries worsen or find that they did not get as much compensation as they could have. In these situations, the injured party may wish to reopen the case, but they will generally be unable to do so. When a settlement is reached in a personal injury case, the injured party almost always signs a liability waiver giving up their right to file another lawsuit in exchange for the compensation they receive.

Ways You Could Have Won Your Injury Case

Losing a personal injury case stings, but it’s also a learning experience. Here are some things to keep in mind that may have changed the outcome of your case:

• The right attorney can make all the difference, so always choose your personal injury lawyer carefully.
• Get started as soon as possible. The more time you give your attorney to work on your case, the greater the likelihood that he/she will obtain valuable evidence and witness statements to support your claim.
• Stay away from social media.
• Be truthful to your doctor and attorney about the extent of your injuries.
• Follow your doctor’s treatment plan precisely.

Contact Stewart Law Offices Today

If you lost your personal injury case, a lawyer from Stewart Law Offices would be happy to review your case to determine whether you have any other legal options. Get a free consultation today by calling one of our offices or visiting our contact page.

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Workers’ Comp: Frequently Asked Questions

Were you hurt in a workplace accident or diagnosed with an occupational illness? Workers’ compensation laws allow qualifying employees in the Carolinas to receive workers’ compensation benefits while they heal. However, the rules vary from state to state, so it’s important to reach out to an experienced workers’ compensation lawyer to learn how to access all of the benefits you’re entitled to.

Read on for answers or watch the video below to some of the most frequently asked questions from the experienced workers’ comp attorneys at Stewart Law Offices.

What is Workers’ Compensation?

Workers’ compensation is a type of insurance that employers purchase to cover their employees’ medical expenses and lost wages if they suffer a work-related injury or become sick on the job. Disability benefits are also possible through workers’ comp.

What Types of Benefits are Available to Me?

Workers’ compensation benefits in South Carolina and North Carolina can include:

• Medical expenses
• Partial wage replacement
• Disability benefits, including temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD), and permanent total disability (PTD)
• Vocational rehabilitation
• Disfigurement
• Death benefits

How Do I Know if I am Covered?

A South Carolina business with four or more employees is generally required to carry workers’ comp insurance. That applies to companies with full-time and part-time employees. A few exceptions apply, such as if you are a railroad worker, agricultural employee, and employers with a low annual payroll.

In North Carolina, employees with three or more employees must purchase workers’ compensation insurance or qualify as self-insured employers for the purpose of paying workers’ comp benefits to their employees. Exceptions include railroad workers, casual employees, domestic servants directly employed by the household, certain agricultural workers, and N.C. federal government employees.

If you are unsure of whether you qualify for benefits, check with a workers’ compensation lawyer immediately.

What Should I Do If I’ve Been Hurt?

Report your work injury immediately to your employer and seek medical treatment promptly. There are a variety of workers’ compensation forms that must be completed to get the process underway, and many are subject to specific deadlines. A workers’ compensation lawyer can help you gather and submit the documentation you need.

What Happens If a Claim is Denied?

Both states have an appeals process if your initial workers’ compensation claim is denied. Don’t be surprised if you are denied — many people are. Insurance companies work hard to avoid paying claims to workers, no matter how valid. A strong workers’ compensation attorney can help prepare your appeals and represent you in hearings before the S.C. Workers’ Compensation Commission or N.C. Industrial Commission, depending on your location.

Where Can I Find a Good Workers’ Compensation Lawyer?

If you live in North Carolina or South Carolina, you can count on the workers’ compensation attorneys at Stewart Law Offices to represent you aggressively if you’ve been hurt. We understand how a job injury can bring on sudden hardships for employees, and we strive to resolve disputes efficiently and effectively so that you don’t have to worry while you recover.

To learn more, call or contact us today for a free consultation.

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Questions to Ask a North Carolina Truck Accident Lawyer

If you or a loved one was hurt in a commercial truck accident in North Carolina, it’s normal to have questions. Getting answers as soon as possible is vital so that you can protect your legal rights.

Below, Stewart Law Offices answers some of the most common questions you should ask an attorney about your truck accident claim. For specific advice about your case, call or contact our proven North Carolina truck accident lawyers today for a free consultation.

What Should I Do if I am Involved in a Truck Accident?

The most important steps to take after a truck accident include:

• Report the accident, as required by state law.
• Exchange insurance and contact information for all drivers involved in the wreck.
• Obtain names and contact information for any witnesses.
• Document the accident scene by taking pictures of the vehicles, your injuries, and any evidence you believe could be relevant to your claim.
• Seek immediate medical attention, even if you do not feel hurt.
• Call a North Carolina truck accident lawyer for a free consultation. An attorney can also help you notify your auto insurance company and begin the claims process for you.

If you were seriously injured after the truck accident, you may not have had time to follow all of these steps. That’s OK. An experienced lawyer can help pick up the pieces.

What Should I Do if an Insurance Adjuster Contacts Me?

An insurance adjuster for the liable party will likely contact you soon after the accident. When they do, it is best to say as little as possible and direct them to your truck accident lawyer. The adjuster may take anything you say out of context to try and prove that you were partially at fault for the crash. If they succeed, you could lose your right to any compensation based on North Carolina’s harsh contributory negligence laws.

How Long Will It Take to Resolve My Truck Accident Claim?

No one can say with certainty how long your truck accident claim will take. The length of time will largely depend on the severity of your injuries so you know how much to claim in damages.

The amount of time it takes to conduct an investigation and collect evidence will also affect the timeline of your claim. If negotiations with the insurance company are successful, a truck accident claim may take several months. However, when insurers and other liable parties refuse to offer a fair settlement, you may have to file a lawsuit, which can take years. Your truck accident lawyer will advise you of all possibilities given the facts of your case.

How Much Is My Case Worth?

Just as no one can determine how long your truck accident claim will take, it is also impossible to determine how much a specific case is worth. However, there are some factors you can use to approximate the damages you will receive. These include:

• Your past and future medical costs
• Lost income
• Lost earning potential
• Pain and suffering
• The severity of your injury and whether you suffered any disabilities

In some cases, punitive damages are also available when the liable party acted with gross negligence.

How Do I Know if I Need a North Carolina Truck Accident Lawyer?

Most truck accident victims need the help of a truck accident lawyer in North Carolina. Unlike the majority of car accidents, truck accidents may involve more than one liable party, not just the truck driver. An attorney can investigate your case to identify every defendant and give you the best possible chance of recovering full and fair compensation.

Talk to a N.C. Semi-Truck Accident Lawyer Today

Stewart Law Offices is a respected North Carolina personal injury law firm with decades of experience representing injured people just like you. Call us today or fill out our online form to schedule a free consultation with a skilled truck accident attorney.

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Tips for Winning Your Truck Accident Case

Truck accident cases are complicated, and a lot of work goes into building a strong and successful claim. Working with a South Carolina truck accident lawyer is the best strategy to maximize your case for compensation. However, there are other steps you can take to help your case.

Read on for tips on how to build a winning truck accident claim from Stewart Law Offices.

What to Do After a Truck Accident

The actions you take after a truck accident can help or hurt your claim. Follow these steps to protect your rights to compensation:

• Report the crash to get law enforcement on the accident scene.
• Seek medical attention immediately.
• Take pictures and video of the scene.
• Exchange information with all parties involved.

Collect names and contact information of any witnesses.

Contact a truck accident lawyer to learn your legal options.

What to Say After a Truck Accident

Be careful about what you say after a truck accident. You need to answer the investigating officer’s questions simply and truthfully. Do not admit fault or even apologize for the crash. Anything you say could be used against you by the insurance company.

You’ll likely be contacted by the insurance company from the at-fault party soon after the wreck. Do not discuss the accident or give a recorded statement. Instead, politely inform the insurance representative that you will be working with a truck accident lawyer and that the attorney will contact them shortly.

What to Bring When You Meet Your Truck Accident Lawyer

Your lawyer will need certain documentation to understand how the crash occurred and the extent of your injuries. The most important documents to bring include:

• The police accident report
• Medical records
• Bills or receipts for any accident-related expenses that you have paid
• Pay stubs to document lost wages
• Photos of your injuries
• A pain journal documenting how your injuries have impacted your life

Bring anything that you think can help explain what happened and who should be held liable. Your attorney can organize and collect the key information needed to get started on your case.

Proving Negligence After a Truck Accident

To receive compensation in a truck accident, you need to show that you were hurt and that the at-fault party’s actions (or failure to act) caused your injuries.

The process begins by identifying who should be held liable for the wreck. In truck accident cases, there could be multiple parties who are to blame. Examples include the truck driver, trucking company, truck owner, mechanics, repair companies, cargo loaders, and parts manufacturers. There may be other potential defendants in your case as well, such as other drivers or government entities. A lawyer will be able to determine liability for you.

Getting Evidence for a Truck Accident Claim

To prove negligence, you need solid evidence, such as:

• Medical records
• The police report
• Black box data from the truck
• The driver’s logbook
• Pictures and video footage
• Inspection and maintenance records
• Eyewitness testimony

After examining the facts of the case, a truck accident lawyer will know what evidence is necessary to best support your claim.

Truck Accident Statute of Limitations in South Carolina

In South Carolina, you have three years from the date of the truck accident to file your claim. If your claim is not filed within this time, you will likely be barred from receiving any compensation.

Knowing When to Take Your Claim to Court

Insurance companies and trucking companies are notorious for denying fault and trying to minimize the amount of compensation you deserve. When they refuse to pay full and fair damages, you have the option of taking your claim to court. A lawyer will advise when negotiations have come to an end and whether trial is the next logical step.

How Stewart Law Offices Can Help You Win Your Truck Accident Case

The best tip for winning your truck accident case is to work with an experienced attorney. At Stewart Law Offices, our South Carolina truck accident lawyers know the tricks insurers use to reduce or deny victims the compensation they deserve. We won’t let them get away with it.

Call or contact us online for a free consultation.

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Problems That Make Commercial Trucking a Public Hazard in North Carolina

Commercial trucks are vital to the North Carolina economy. They transport crucial cargo such as food, medical supplies, and other goods and materials throughout the state and beyond. While we need these trucks on the road, we also need to count on the trucking companies and the drivers they employ to be responsible. If a truck is not adequately maintained, if the cargo is not properly loaded, or if the driver is negligent in any way, others on the road are at risk of severe injury or death.

If you’ve been injured in a commercial trucking accident in North Carolina, contact Stewart Law Offices today for a free consultation. Truck accidents are complex and can involve negligence on the part of the truck driver, the trucking company, the truck manufacturer, the cargo loader, and others. Starting an investigation promptly can improve your chances of securing full and fair compensation for your injuries.

A proven N.C. truck accident attorney from Stewart Law Offices can help you immediately. Call or contact us for your free case review.

Trucking Industry Safety Standards

The Federal Motor Carrier Safety Administration (FMCSA) creates rules governing large trucks and buses. This agency issues regulations for truck drivers, trucking manufacturers, and trucking companies. Some states also adopt state-specific requirements for commercial motor vehicles.

Trucking industry safety standards apply to trucks with a GVWR (gross vehicle weight rating) of 10,001 pounds or more. Additional safety standards apply to specific vehicles, such as tractor-trailers, garbage trucks, and tanker trucks weighing above 26,001 pounds. Other specific criteria apply to trucks carrying hazardous materials and vehicles carrying passengers, such as limousines and buses.

FMCSA regulations help ensure commercial truck drivers are properly trained and are also medically and physically qualified to operate large vehicles safely. Specific provisions detail drug and alcohol testing requirements to avoid driver impairment. FMCSA also limits truck drivers’ allowable hours behind the wheel to combat fatigue and prevent drowsy driving accidents.

Common Causes of Commercial Trucking Accidents

Commercial truck accidents happen for many of the same reasons that car crashes do, but the resulting injuries and damages can be much greater. Common causes of truck accidents in North Carolina include:

• Driver distraction
• Speeding
• Failure to yield
• Driver impairment
• Driver fatigue
• Reckless driving, such as tailgating or running stop signs or red lights
• Mechanical problems, such as tire or brake issues

Driver distraction or inattention has become one of the leading causes of commercial truck accidents. Many truck drivers use cell phones, not only for communicating but also for navigating and messaging. When pressed for time, truck drivers can also be distracted by eating and drinking while driving.

Regardless of the cause, truck accidents are vastly more complicated than car accidents. You need an experienced law firm with the resources to thoroughly investigate the cause of the accident to prove fault and build a solid case for full compensation.

Hire a Qualified Attorney Today

If you were injured in a truck accident in North Carolina, the knowledgeable N.C. truck accident attorneys at Stewart Law Offices have the training, experience, and resources to seek compensation for the losses you have suffered.

Call or contact us today for your free consultation

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Problems That Make Commercial Trucking a Public Hazard in North Carolina

Commercial trucks are vital to the North Carolina economy. They transport crucial cargo such as food, medical supplies, and other goods and materials throughout the state and beyond. While we need these trucks on the road, we also need to count on the trucking companies and the drivers they employ to be responsible. If a truck is not adequately maintained, if the cargo is not properly loaded, or if the driver is negligent in any way, others on the road are at risk of severe injury or death.

If you’ve been injured in a commercial trucking accident in North Carolina, contact Stewart Law Offices today for a free consultation. Truck accidents are complex and can involve negligence on the part of the truck driver, the trucking company, the truck manufacturer, the cargo loader, and others. Starting an investigation promptly can improve your chances of securing full and fair compensation for your injuries.

A proven N.C. truck accident attorney from Stewart Law Offices can help you immediately. Call or contact us for your free case review.

Trucking Industry Safety Standards

The Federal Motor Carrier Safety Administration (FMCSA) creates rules governing large trucks and buses. This agency issues regulations for truck drivers, trucking manufacturers, and trucking companies. Some states also adopt state-specific requirements for commercial motor vehicles.

Trucking industry safety standards apply to trucks with a GVWR (gross vehicle weight rating) of 10,001 pounds or more. Additional safety standards apply to specific vehicles, such as tractor-trailers, garbage trucks, and tanker trucks weighing above 26,001 pounds. Other specific criteria apply to trucks carrying hazardous materials and vehicles carrying passengers, such as limousines and buses.

FMCSA regulations help ensure commercial truck drivers are properly trained and are also medically and physically qualified to operate large vehicles safely. Specific provisions detail drug and alcohol testing requirements to avoid driver impairment. FMCSA also limits truck drivers’ allowable hours behind the wheel to combat fatigue and prevent drowsy driving accidents.

Common Causes of Commercial Trucking Accidents

Commercial truck accidents happen for many of the same reasons that car crashes do, but the resulting injuries and damages can be much greater. Common causes of truck accidents in North Carolina include:

• Driver distraction
• Speeding
• Failure to yield
• Driver impairment
• Driver fatigue
• Reckless driving, such as tailgating or running stop signs or red lights
• Mechanical problems, such as tire or brake issues

Driver distraction or inattention has become one of the leading causes of commercial truck accidents. Many truck drivers use cell phones, not only for communicating but also for navigating and messaging. When pressed for time, truck drivers can also be distracted by eating and drinking while driving.

Regardless of the cause, truck accidents are vastly more complicated than car accidents. You need an experienced law firm with the resources to thoroughly investigate the cause of the accident to prove fault and build a solid case for full compensation.

Hire a Qualified Attorney Today

If you were injured in a truck accident in North Carolina, the knowledgeable N.C. truck accident attorneys at Stewart Law Offices have the training, experience, and resources to seek compensation for the losses you have suffered.

Call or contact us today for your free consultation

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Why is the Truck Company Denying All Responsibility?

If you’ve been seriously injured in a truck accident in South Carolina, the law allows you to seek compensation from the at-fault party. But if the responsible party is a truck company, you can expect vigorous challenges from its insurance company. Insurers are notorious for denying liability after a crash. That’s why it is so important to take immediate legal action to protect your rights to full and fair compensation.

Truck companies are not required to keep certain records indefinitely, so you must act quickly to ensure that crucial evidence is not lost or destroyed. If you or a loved one has been hurt, call or contact Stewart Law Offices today for a free case review.

What to Do if the Truck Company Lies?

Unfortunately, trucking companies have been known to lie after a serious accident. They may say that you are to blame or deny that their negligence contributed to the crash. They may alter logbooks to show that a trucker adhered to federal hours-of-service regulations when he/she did not. It’s all part of the company’s strategy to minimize or deny your claim to rightful compensation.

The best plan of action if the truck company lies is to speak with a South Carolina truck accident lawyer. An attorney can investigate the case and collect evidence that uncovers the truck company’s misleading or false statements.

Why Am I Being Accused of Fault?

You should expect the truck company to place at least a portion of the blame on you after a wreck. That’s because the amount of damages in truck accident claims can be quite large. The trucking company wants to reduce their share of responsibility for the crash so that their ultimate payout is lower.

In cases of shared fault in South Carolina, an injured party can still collect compensation as long as their portion of the blame does not exceed the negligence of others involved in the accident. If the trucking company successfully argues that you are more than 50 percent at fault for the accident, you could lose your right to compensation entirely. Since your ability to recover money could hinge on one single percentage point, you’d be well-advised to work with a truck accident lawyer to protect your rights.

How Do I Prove I Am Not At Fault After a Semi-Truck Accident?

To prove that you are not at fault for a semi-truck accident and recover compensation, you must show that another party is to blame.

Immediately following a crash, the trucking company will send an investigator to the scene to collect evidence. This usually happens before the truck has even been moved. This can give the trucking company the upper hand if you don’t have someone on your side doing an in-depth investigation, too. A South Carolina truck accident lawyer can help collect compelling evidence to support your claim and present it to the insurer or court in a persuasive way, giving you the best possible chance of collecting compensation.

How Stewart Law Offices Can Help You Win Your Truck Accident Case

Winning a truck accident case takes solid proof and a tough advocate who won’t allow trucking companies or their insurers to steamroll you. That’s what you’ll get at Stewart Law Offices.

For more than three decades, our legal team has fought for the rights of injured South Carolinians. We don’t take excuses or accept flimsy arguments meant to minimize the compensation you are entitled to. You can count on us in your fight for justice.

Call or contact us for a free consultation.

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Can Restaurant Employees Get Workers’ Comp in SC?

When you think of workplace injuries, high-risk occupations like roofing, logging, and construction may come to mind. But if you work in the restaurant and foodservice industry, you may also confront debilitating injuries in the course of your job.
Most restaurant workers in South Carolina are eligible to file workers’ compensation claims when work activities cause an injury. If your claim is denied or dismissed, a South Carolina workers’ compensation lawyer at Stewart Law Offices can help you apply for the benefits you need while you recover.
Call or contact us today for a free consultation.

Common Workplace Injuries at Restaurants

Burns, cuts, slips, falls, and broken bones often sideline restaurant workers. In addition, repetitive motion injuries are commonplace.
Think of slicing large volumes of vegetables day after day. Or operating a cash register at a busy diner. Even the constant bending when inserting large pizzas into a brick oven and removing them when done. Any of these activities could result in an injury.
Sometimes an injury can resolve in a couple of days. Other times, you may not be able to return to work for weeks, months —or, in the worst cases, forever.
Fortunately, workers’ comp in South Carolina allows restaurant workers to recover money to cover employees’ accident-related medical bills, a portion of their lost income, and disability benefits while they are healing. But time is of the essence. In South Carolina, you have 90 days to notify your employer and up to two years to file a claim. If you miss these deadlines, you may lose your eligibility for workers’ comp benefits.

Can a Restaurant Worker Receive Compensation for an Injury?

If you work in the restaurant or foodservice industry, you’re entitled to workers’ compensation in South Carolina if:

• The company you work for has at least four full-time or part-time employees.
• Your company’s total annual payroll is at least $3,000.

State law requires businesses to buy and maintain workers’ comp insurance covering their employees if these two qualifications are met. If they fail to do so, companies may face fines and penalties.

What If I Was Partially At Fault for My Injury?

Fault is not a factor in workers’ comp claims. It doesn’t matter who was to blame. You may still be entitled to benefits as stipulated in South Carolina law.

Contact the Workers’ Compensation Lawyers at Stewart Law Offices Today

If you’ve been hurt while working in the restaurant industry in South Carolina, you shouldn’t have to worry about how to pay for your bills while you’re recovering. A workers’ compensation lawyer at Stewart Law Offices can help you through the complicated process of applying for benefits and assisting with any appeals if you’ve been denied.
Give us a call today to get started on the path to the workers’ compensation you deserve. With offices in Rock Hill, Spartanburg, Columbia and Beaufort,** Stewart Law Offices is available to support whenever and wherever you need us.
Contact us today for your free, no-obligation consultation.

The post Can Restaurant Employees Get Workers’ Comp in SC? appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/can-restaurant-employees-get-workers-comp-in-sc
via https://www.stewartlawoffices.net