Thursday, March 11, 2021

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?

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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Monday, March 8, 2021

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

Knowing When to Take Your Claim to CourtInsurance 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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Monday, March 1, 2021

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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Thursday, February 25, 2021

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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Monday, February 22, 2021

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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Thursday, February 18, 2021

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.

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Monday, February 15, 2021

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.

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