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

The post Problems That Make Commercial Trucking a Public Hazard in North Carolina appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/problems-that-make-commercial-trucking-a-public-hazard
via https://www.stewartlawoffices.net

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.

The post Why is the Truck Company Denying All Responsibility? appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/why-is-the-truck-company-denying-responsibility
via https://www.stewartlawoffices.net

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

How NC Truck Accident Victims Can Prepare to Win Their Injury Lawsuits

Truck accidents occur all too frequently in North Carolina. The most current data from the state Department of Transportation reported 317,982 commercial motor vehicle crashes in a recent year. Of those collisions, 1,369 were fatal and 80,277 resulted in injuries.

If you were hurt in a North Carolina truck accident, you have the right to pursue compensation if the crash was someone else’s fault. Here, the truck accident lawyers from Stewart Law Offices explain the actions you can take to protect your case.

For a free and personalized consultation, call or contact us now.

Important Steps to Take After a Truck Accident

There are several steps you can take after a N.C. truck accident to protect your rights, your health, and your ability to recover compensation for your injuries. You should:

• Seek immediate medical attention for your injuries.
• Follow your doctor’s treatment plan exactly as prescribed.
• Identify witnesses and other parties involved in the truck accident.
• Document the accident and your injuries with photos and written recollections.
• Avoid apologies or other self-incriminating statements to others, especially insurance companies and law enforcement officers.
• Keep a record of your accident-related expenses.
• Avoid posting about the accident on social media.
• Contact a skilled truck accident attorney to learn your legal options.

What Information Will My Lawyer Need?

If you suffer injuries in a North Carolina truck accident, it’s important to provide your attorney with certain information so that they can evaluate your case and develop a persuasive legal strategy.

Some key details your lawyer will need include:

• The time, date, and location of the truck accident
• The nature and severity of your injuries
• The names of anyone involved in the incident
• The names of any insurers or other parties who have contacted you
• Any photos you have of your injuries or the accident scene
• Documents related to your accident and treatment of your injuries, such as medical records, accident reports, and pay stubs to demonstrate lost wages

Statute of Limitations in North Carolina

In North Carolina, the statute of limitations for personal injury claims is three years. This means that you must file your claim within three years of the date of your truck accident. Otherwise, you may lose out on your right to recover compensation altogether.

Are There Any Extensions on the Statute of Limitations in North Carolina?

There are some exceptions to the three-year statute of limitations in North Carolina. For example, in some cases, the three-year window may not begin until the date on which you notice or should have noticed your truck accident injuries.

If a minor was injured in the truck accident, the statute of limitations for their claim begins on their 18th birthday.

Trial vs. Settlement

The majority of truck accident cases are resolved through settlements so that all parties can avoid the risks and expenses associated with a trial. However, if a settlement agreement cannot be reached, your truck accident case may go to court, where a judge or jury will decide whether compensation is appropriate and if so, how much you are entitled to.

Don’t Lose Your Right to Compensation — Contact a N.C. Truck Accident Lawyer

North Carolina has one of the harshest laws for awarding compensation to accident victims in the nation. If you are found even one percent responsible for a truck accident, you cannot recover any money at all.

With so much on the line, you need an accomplished truck accident attorney in North Carolina to handle your case. That’s what you’ll get at Stewart Law Offices. Call or contact us today for a free case review.

The post How NC Truck Accident Victims Can Prepare to Win Their Injury Lawsuits appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/how-truck-accident-victims-can-prepare-to-win-injury-lawsuits
via https://www.stewartlawoffices.net

Snow and Ice Safety Tips

The Carolinas rarely experience severe winter weather, but both states get their share of snow and ice from time to time. Freezing temperatures can make for slippery roads, sidewalks, and other surfaces. That can mean more accidents and potentially serious injuries.

Here are tips from Stewart Law Offices about how to stay safe in wintry conditions:

If You’re Driving…

• Only drive if you must. North Carolina and South Carolina drivers don’t get a lot of opportunities to drive in winter storms, so you’ll probably be a little rusty on how to respond if your car spins out of control.
• Drive slowly. Your tires will have less traction on snow-packed or icy roads. Driving too fast for the conditions is a recipe for disaster.
• Brake early. Vehicles take longer to stop on slippery surfaces. Apply the brakes earlier than normal when you are approaching a red light, stop sign, or other vehicle.
• Keep your distance. AAA recommends a following distance of five to six seconds to account for longer stopping distances.
• Don’t stop if you can help it. It’s much harder to get a car moving when stopped in snow. If you can roll slowly until a light changes to green, it will be much easier to keep the vehicle going predictably.
• Keep a winter weather emergency kit in the car. Prepare for the worst by carrying a blanket, cell phone charger, flashlight, road flares, water, and an emergency medical kit in your vehicle in case of a car accident.

If You’re Walking…

Icy sidewalks and parking lots can make the shortest walk perilous. You can reduce the chance of a slip and fall accident during a winter storm by taking the following steps:

• Wear boots with rubber grip soles to keep from slipping. Sneakers won’t cut it. You need solid traction.
• Avoid distractions. Don’t text or talk on the phone while walking on ice. You can reduce the chance for serious injuries by using your hands to break your fall.
• Take short, slow, and shuffling steps. Curl your toes, bend your knees, and walk as flat-footed as possible to reduce your chances of slipping.
• Pay extra attention when getting in and out of your car, climbing stairs, or entering and leaving buildings. These spots can be especially precarious in slippery conditions, particularly if they have not been treated or cleared yet.
• Give yourself extra time. Plan to leave early on snowy or icy days. Rushing to your destination will distract you from driving and walking carefully.

Get Help From Stewart Law Offices

Stewart Law Offices is a respected personal injury firm with offices in South Carolina and North Carolina. If you’ve been hurt in a car accident, slip and fall, or any sort of incident due to someone else’s carelessness, you could have a claim for compensation.

Call or contact us today for a free consultation with an experienced personal injury lawyer.

Originally published December 2016, updated February 2021.

The post Snow and Ice Safety Tips appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/snow-ice-safety-tips
via https://www.stewartlawoffices.net

Workers’ Compensation vs. Third-Party Claim vs. Employer Lawsuits

Nearly three million workers suffer job-related injuries or illnesses per year, according to data from the Bureau of Labor Statistics (BLS). The most recent statistics also show that fatal workplace injuries are at record highs, with more than 5,300 lives lost in a single year alone.

Fortunately for injured employees and their families, states have laws in place that allow them to seek compensation for the financial losses that stem from on-the-job accidents. The primary ways of accomplishing this task are through workers’ compensation claims, third-party claims, or lawsuits against the employer.

Workers’ Compensation

Most states, including South Carolina and North Carolina, require certain employers to carry workers’ compensation insurance. Qualifying employees who are hurt or diagnosed with an occupational illness can file a claim for workers’ compensation through their employer. If approved, employees can receive coverage for medical expenses, a portion of their lost wages, and disability benefits while they are out of work.

The advantage of workers’ compensation benefits is that they are awarded regardless of fault. Employees do not have to prove that anyone was to blame for their injuries or illness. All they have to prove is that the injury is work-related.

But workers’ compensation also has limitations. In exchange for providing no-fault benefits, employees give up their right to sue their employers for negligence. In addition, workers are not compensated fully for their losses because they only receive a portion of their lost wages and cannot collect damages for pain and suffering.

Third-Party Claim

Sometimes, a worker is injured on the job due to no fault of the employer. That changes the employee’s legal options. If someone else’s negligence — such as an independent contractor, non-employee, or the manufacturer of a defective product — causes an employee’s injury, the worker could be able to file a personal injury claim against the at-fault party.

The upside of a third-party claim is that workers can pursue compensation for the full amount of their losses, including medical expenses, all of their lost wages, pain and suffering, and more.

Lawsuit Against Employer

It’s very difficult to file a personal injury lawsuit against an employer. Again, that’s because employers get immunity from lawsuits by providing no-fault workers’ compensation benefits to their employees.

In rare circumstances, an employee may be able to file a lawsuit against his or her employer. If the employer acted intentionally or exhibited severe negligence, it could be possible for the injured worker to file a personal injury claim against them.

3 Important Steps in Filing a Workers’ Compensation Claim

Contact a Workers’ Compensation Attorney at Stewart Law Offices

Have you been injured in a workplace accident in South Carolina or North Carolina? Get in touch with an experienced workers’ compensation lawyer at Stewart Law Offices today. For more than three decades, our law firm has stood up for the rights of injured workers throughout the Carolinas.

Call or contact us today for a free consultation. We’ll listen to your story, help you apply for and/or appeal a claim for workers’ compensation, and advise on whether you have a third party or employer claim.

We’re standing by to help. Let’s get started now.

Originally published February, 2017. Updated February, 2021

The post Workers’ Compensation vs. Third-Party Claim vs. Employer Lawsuits appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/workers-compensation-vs-third-party-claim-vs-employer-lawsuits
via https://www.stewartlawoffices.net

Important Facts to Know About Workers’ Compensation in S.C.

Being sidelined due to a workplace injury creates financial problems for many South Carolinians. If you were hurt on the job in South Carolina, you may be able to file a workers’ compensation claim. Workers’ compensation benefits cover your medical expenses and a portion of your lost income while you cannot work.

Workers’ compensation benefits can be a vital lifeline to keep individuals afloat while they heal. But it can be difficult to get approved for benefits, and many people do not know what to do if their claim is denied. Get in touch with a South Carolina workers’ compensation lawyer at Stewart Law Offices.

Our accomplished legal team will work to give you the best chance of securing the benefits you need. Call or contact us today for a free consultation. Stewart Law Offices has offices conveniently located in Rock Hill, Spartanburg, Columbia, and Beaufort **.

Important Workers’ Comp Facts in South Carolina

The laws that govern workers’ compensation in South Carolina are very specific. Here are the top five things you need to know if you’ve been hurt or diagnosed with an occupational illness:

• Report the injury immediately. State law gives you 90 days to notify your employer about the accident. However, the best rule of thumb is to tell your employer as soon as possible.
• The insurance company picks your doctor. While workers’ compensation does cover most of your “reasonable” medical expenses, you are required to see the doctor the insurance company chooses. You can request to see a different provider, but you may be denied.
• You may qualify for partial or total disability: If you cannot return to work for more than seven days, you may qualify for total disability benefits. If you can return to work but in a different, less strenuous capacity, partial disability benefits may be available.
• You have the right to a hearing: If your employer or their insurance company denies your claim, you have a right to a hearing in front of the South Carolina Workers’ Compensation Commission.
• Most cases settle out of court: While the experienced attorneys at Stewart Law Offices are prepared to go to trial, it is important to know that most workers’ compensation cases settle out of court. A qualified workers’ compensation lawyer can also help you prepare for any appeals as necessary.

How to Get the Most Out of Your Settlement

Though workers’ compensation benefits should be paid regardless of fault, there are cases in which insurers refuse to pay for certain treatments. To maximize your claim, you should work with a skilled workers’ compensation lawyer.

Here are other tips to protect your claim:

• Seek medical attention immediately for your injuries.
• Meet all workers’ compensation notification and filing deadlines.
• Document your case carefully.
• Attend any independent medical examinations (IMEs) that the insurer requests.
• Go to every doctor’s appointment and follow the treatment plan as prescribed.
• Don’t be afraid to ask for a second opinion.
• Beware of private investigators that the insurer may hire.
• Appeal any denial.

Call Our Workers’ Compensation Lawyers in South Carolina Today

You’re in pain. You can’t work. If you were hurt on the job, you shouldn’t have to stress over whether you’re going to receive a fair workers’ compensation settlement, too.

Let Stewart Law Offices help. Our attorneys have successfully represented employees in South Carolina workers’ compensation claims for more than three decades. We can help you apply for benefits and prepare strong appeals on your behalf.

You don’t have to wait to get the legal help you need. Stewart Law Offices can start on your case immediately. Call or contact us for a free consultation.

The post Important Facts to Know About Workers’ Compensation in S.C. appeared first on Stewart Law Offices.

from Blog – Stewart Law Offices https://www.stewartlawoffices.net/important-facts-to-know-about-workers-compensation-in-sc
via https://www.stewartlawoffices.net