Steps to Take After a Boating or Jet Ski Accident

Boating and jet skiing are popular recreational activities for many people in North and South Carolina. Unfortunately, they are also potentially dangerous. Dozens are killed and hundreds more are injured in boating accidents across both states every year, according to data collected by the U.S. Coast Guard. If you have been injured in a boating accident, you may feel shocked, overwhelmed, and uncertain about what to do next.

Here, Stewart Law Offices discusses the steps you can take after a boating accident to protect your rights and lay a solid foundation to pursue compensation for your injury.

Stop at the Scene and Offer Assistance

Your first priority after any accident, including a boating or jet ski accident, is to get yourself and others to safety. The aftermath of a boating accident can be dangerous due to the risk of drowning and the unpredictability of the water.

If you, any of your passengers, or any occupants of other affected vessels are severely wounded or in danger, do what you can to help them. Call emergency services for anyone in need if possible. You may be able to use the ship radio, your personal cellphone, or emergency flares. If the boat is leaking, try to reach the nearest safe location.

Gather as Much Evidence as Possible

Once you are certain that no one is in imminent danger, you should begin gathering evidence related to the accident, such as:

• The names and contact details of each boat operator and passenger involved in the boating accident
• The names and contact details of any witnesses who saw the accident occur
• The registration or identification number of other vessels involved in the wreck
• Photos or video footage of any physical damage caused by the accident
• Photos or video footage of the accident scene and relative positions of each of the vessels involved
• Insurance policy details from any operators or vessels involved in the crash
• Your own written recollection of how the boating accident occurred

Report the Accident to the Authorities

You are required to report boating accidents to the U.S. Coast Guard and your state’s Department of Fish & Wildlife or Natural Resources if the accident results in significant property damage, injury, disappearance, or death. Most authorities require most boating accidents to be reported within 10 days, but the deadline may be sooner if the accident results in injury, disappearance, or death.

Notify the Insurance Company

If you own or operate one of the vessels involved in the boating accident, you should also notify your boat insurance company about the accident. Even if you were not at fault for the accident, most insurance companies require you to report all accidents as part of the terms of your policy. If you fail to notify the insurance company, it could impact your ability to seek compensation down the line.

Contact a Boating Accident Lawyer

A knowledgeable boating accident lawyer will know the specific boating laws and regulations in your area. Depending on the circumstances, they can help you by seeking compensation through your own boat insurance policy, another party’s boating insurance policy, or a personal injury lawsuit.

How Stewart Law Offices Can Help

If you were injured in a boating or jet ski accident, the attorneys of Stewart Law Offices can conduct an independent investigation to identify liable parties and uncover valuable evidence. We are prepared to use our considerable resources and knowledge to try to fight for maximum compensation. Contact us today to learn more about how we can help in a free initial consultation session.

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Top 6 Summertime Driving Hazards

Many South Carolinians look forward to summer as a time for fun, relaxation, and family. No one ever sets out on a summer vacation or road trip hoping to be injured. Unfortunately, there are many summertime driving hazards that can quickly turn an enjoyable excursion into a nightmare ordeal. The South Carolina personal injury attorneys at Stewart Law Offices want you to be aware of some of the driving hazards you may face this season.

More Bicyclists and Motorcyclists

Cyclists and motorcycle enthusiasts often take advantage of warm, sunny summer weather. But because these road users have such small profiles, they can be incredibly difficult for drivers to see in traffic. Motorists must take special precautions when driving near cyclists and motorcyclists who have the same rights and responsibilities as other drivers on the road but are at heightened risk of injuries due to their lack of safety protections.

Increased Traffic Congestion

When school is out, many families go on summer vacations and road trips. This means more vehicles on the road, not to mention the presence of out-of-towners who are unfamiliar with local roads and traffic patterns. This consistent increase in traffic congestion in popular areas substantially increases the likelihood of collisions and the possibility of needing the help of an experienced auto accident attorney.

Greater Risk of Tire Blowouts

The summer heat can leave pavement scorching hot. And when car tires come in contact with searing road surfaces, the heat causes the compressed air in those tires to expand. Many tire blowouts occur in the summer months because motorists fail to keep their tires properly inflated and in good condition before traveling.

More Roadway Construction

Roads are damaged by hard winter weather and are then repaired during the summer. More road crews mean changes in traffic flow, lower speed limits, and slow equipment that can leave drivers frustrated or confused. Drivers who are careless or reckless when navigating around barriers, workers, or heavy machinery can cause devastating summertime construction zone accidents.

More Drunk Drivers

Unfortunately, people engage in dangerous behaviors like drunk driving all year round. But with holidays and big events like Independence Day, Labor Day, and school graduations, many people are more inclined to celebrate the summer with alcohol. When warm-weather revelers get behind the wheel after one too many drinks, innocent people are often the ones who pay the price.

More Teen Drivers

Another consequence of summer breaks for students is that teenagers have more time to spend on the road. Teens are also much more likely to commit dangerous driving errors than more mature motorists due to their relative lack of experience. Many teens are also emboldened by their newfound independence, which can lead to risky driving behaviors.

Contact a Personal Injury Lawyer Today

If you have been injured in a summertime car accident, get in touch with a personal injury lawyer in South Carolina. The dedicated and compassionate team at Stewart Law Offices can answer your questions and review your case without cost or obligation.

More Motor Vehicle Collision FAQs

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Firework Safety for 4th of July

The United States Consumer Product Safety Commission reports that approximately 15,600 people were treated in hospital emergency departments and 18 people died from fireworks-related incidents in the most recent year for which data is available. Stewart Law Offices does not want you to become part of these statistics. With Independence Day right around the corner, it’s important that you understand firework safety principles to avoid injury.

Firework Safety Tips

Fireworks can be very dangerous if they are not used properly.  Here are some safety tips to keep in mind this 4th of July:

• Keep a safe distance from the person lighting the fireworks. 
• Make sure you’re wearing safety glasses to protect your face and eyes when lighting fireworks.
• Always move to a safe distance immediately after lighting fireworks. Do not linger in the lighting area.
• When directing fireworks, point them away from homes, and keep them away from brush, leaves, and other flammable substances.
• Only allow adults to handle fireworks, including sparklers, which burn at temperatures of about 2,000 degrees Fahrenheit.
• Do not relight or handle malfunctioning fireworks. Soak them with water and dispose of them immediately. A “dud” firework can be very dangerous if mishandled.
• Do not hover over fireworks while lighting them. Move away quickly after lighting to avoid the risk of a sudden ignition.
• Never place fireworks in your pockets. The friction of your clothing could set them off.
• Stay close to a water source in case an unexpected fire breaks out.
• Fireworks should always be discharged outdoors in a clear area away from buildings and vehicles.
• Never light fireworks in metal or glass containers.

If you or someone you love has been injured by fireworks, contact the personal injury lawyers at Stewart Law Offices for a free consultation. We will fight to get you the compensation you deserve. We are here to discuss your legal options. Wishing everyone a safe and happy 4th of July!

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Marcus Spake Recognized as Board Certified Specialist

Spake joins elite group of North Carolina Board Certified Specialists

North Carolina attorney Marcus Spake was recently recognized as a Board Certified Specialist in Workers’ Compensation Law by the North Carolina State Bar. Mr. Spake, the managing attorney of the Stewart Law Offices – Charlotte North Carolina office, concentrates his legal practice in workers’ compensation law. He has represented both injured workers and defendants in these cases, giving him a unique perspective into how this specialized area of the law. Mr. Spake received his Bachelor of Science degree from Appalachian State University and his juris doctor degree from Charlotte School of Law.  

Mr. Spake is also a member of the North Carolina Bar Association – Workers’ Compensation Section, Workers’ Injury Law & Advocacy Group, Mecklenburg County Bar Association, and North Carolina Advocates for Justice. A fluent Spanish speaker, Mr. Spake is also a member of the Hispanic National Bar Association.

Mr. Spake was selected as part of the prestigious E.A. Morris Fellowship for Emerging Leaders through John Locke Foundation, Class of 2019. He was also selected to the Rising Star List for NC by Super Lawyers, 2020-2021.*

The North Carolina State Bar, an agency of the State of North Carolina, certifies lawyers as specialists in designated practice areas as a service to the public. The program assists members of the public in the selection of legal counsel by identifying lawyers who have demonstrated special knowledge, skill, and proficiency in certain areas of law. The program also gives lawyers a credible way of making their expertise known to the public and other lawyers.

To be certified as a board-certified specialist in a practice area, a lawyer must

• Be an active member in good standing with the North Carolina State Bar for at least five years,
• Devote at least 25% of their practice to the specialty during the past five years (substantial involvement),
• Attend continuing legal education (CLE) seminars in the specialty,
• Be favorably evaluated by other lawyers and judges (peer review), and
• Pass a written examination in the specialty practice area.

Certification is granted for a period of five years. To maintain certification, a lawyer must again demonstrate that he or she is substantially involved in the practice area, attend CLE seminars in the practice area, and be favorably evaluated by peers. Board certification is an honor that fewer than 4% of North Carolina attorneys have earned.

For more information about the North Carolina Legal Specialization program, and to view a list of board-certified specialists by practice area, please visit the Legal Specialization website at nclawspecialists.gov, or call the State Bar at 919.828.4620.

*For more information on the criteria for selection for Super Lawyers, go to www.superlawyers.com.

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How To Deal with Road Rage – Facts and Statistics

Road rage is entirely preventable. Yet, it remains a serious threat to motorists on roads in South Carolina and throughout the United States. Unsettling reports of recent road rage incidents suggest that these attacks are becoming increasingly prevalent. Follow these tips from Stewart Law Offices about how to minimize road rage.

Causes of Road Rage 

Traffic incidents sometimes trigger the classic fight-or-flight response, which is a normal, physical reaction to stressful events. When the human brain perceives fear or a threat to survival, it activates people to flee or attack. If another driver does something that jeopardizes our safety, this response can kick in and potentially lead to road rage. Once a person’s stress levels are spiked, even minor driving infractions can turn into a road rage incident. 

Most people realize that road rage is an extreme and irrational response. However, some people have temperaments that are more likely to erupt in anger while in traffic. Other common causes of road rage incidents include:

• Traffic congestion for a prolonged period
• Traffic conditions that result in significant delays
• High stress levels
• Substance abuse
• Fatigue
• Mental health disorders

Examples of Road Rage 

Road rage can take many forms, such as:

• Intentional tailgating
• Honking angrily
• Making obscene gestures
• Yelling at other motorists
• Blocking another vehicle from changing lanes
• Cutting off other drivers
• Throwing objects at other motorists
• Sideswiping another vehicle
• Forcing another driver off the road
• Getting out of a car to confront the other driver
• Inflicting violence on another driver

South Carolina Road Rage Statistics

Disturbingly, a 10-year analysis of crash data from The Auto Insurance Center found that South Carolina had the second-highest rate of fatal accidents that could be attributed to road rage in the nation. What is worse, this data is from before the pandemic. 

Analysts strongly believe that road rage incidents have increased during the pandemic because many people are dealing with mental health issues, substance abuse, and economic hardship. In the first year of the pandemic, more than 500 people were shot in more than 700 separate road rage incidents. The monthly average of people wounded or killed by gunfire on the roads was twice what it was the year before the pandemic began.

Tips for Managing Stress While Driving

Driving can be a stressful activity, especially when other drivers are rude or inconsiderate. However, there are ways that you can control your emotions while behind the wheel, including:

• Give yourself extra travel time so you won’t feel rushed or stressed during the commute
• Don’t drive while you are upset, irritable, or hung over
• Make the drive comfortable by setting the temperature where you like and listening to soothing music
• Don’t mimic bad drivers’ behaviors
• Give other drivers the benefit of the doubt 

How to Respond If You’ve Been Targeted 

If you notice another driver behaving aggressively towards you, follow these steps to protect you and your passengers:

• Do not engage with the other driver
• Do not make eye contact
• Do not make gestures
• Give the driver space
• Do not pull off the road
• Call 911 

If You’ve Been Injured, Stewart Law Offices Can Help 

If an aggressive driver injured you, the experienced South Carolina car accident lawyers at Stewart Law Offices are here to help. Our car accident attorneys can help you fight for compensation for your medical bills, lost wages, pain and suffering, and more. 

Call us at 1-866-465-7851 or contact us today for a free consultation.

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Personal Injury Claims Involving Pre-Existing Injuries

While most personal injury claims concern new injuries, people are a complex mix of past experiences, genetics, and injuries. Therefore, if they are involved in an accident, they may suffer an injury to a part of the body already affected by a previous injury. Just because a person had an injury before does not mean that the defendant is able to escape all liability. However, it usually means that the case will be more complicated and further warrant the help of an experienced personal injury lawyer. 

Disclosing Past Injuries

Some personal injury victims are afraid that the insurance company will deny their claim if they reveal a previous injury. However, this tactic can often backfire because the insurance company may be able to obtain your medical records and discover pre-existing injuries. If the insurance company finds an injury you have not disclosed, they may accuse you of withholding information. Therefore, it is usually best to disclose pre-existing injuries that are associated with your new injury. 

Proving a Pre-Existing Injury 

If you have a pre-existing injury, you can generally file a claim to pursue compensation for a new injury to the same part of the body if the accident aggravated your previous injury, made your condition worse, or caused new symptoms. 

Your personal injury lawyer can help you prove your pre-existing injury and that the accident made your injury worse. Your lawyer can help gather evidence of the worsening of your condition, such as:

• Medical records – Your lawyer can gather medical records that show how the most recent injury contributed to or exacerbated your pre-existing injury. This is why it is critical to discuss your symptoms thoroughly with your doctor and differentiate your symptoms or the seriousness of your pain after the accident.
• Employment records – Your employment records may indicate that you missed work because of your new injury. If you worked after the initial injury but were unable to return to work in light of the new injury, your lawyer can highlight this significant difference when pursuing fair compensation for your claim.
• Expert witness testimony – Your lawyer may have to call your doctor or another medical expert as a witness to testify about your injury before and after the latest accident. 

What Is the “Eggshell” Theory?

Under this rule, a person is taken as they are without speculating on what could have happened had the victim not been more susceptible to injury than other potential victims. The term eggshell refers to a potential plaintiff with a skull as thin as an eggshell. If he is injured in an accident, he will probably suffer a more severe head trauma than someone with a normal skull. However, this characteristic does not excuse the defendant from paying for their negligence.

How Stewart Law Offices Can Help

If you were injured in a car accident, slip and fall, or other personal injury incident, a South Carolina personal injury lawyer from Stewart Law Offices can help. We have represented clients for decades, which has given us the skill and resources necessary to fight for your fair compensation. Contact us today to take advantage of a free case review to discuss your legal options.

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10 Important Facts to Know About Worker’s Compensation in South Carolina

Workers’ compensation provides partial wage replacement, medical, and other benefits for South Carolina workers injured on the job. However, the workers’ compensation system is not always easy to navigate. Below, our workers’ compensation lawyers discuss ten important facts you should know about workers’ compensation in South Carolina: 

1. Workers’ Compensation Covers Many Types of Injuries

South Carolina workers’ compensation benefits extend to:

• Injuries caused by workplace accidents
• Occupational illness caused by your work duties
• Repetitive stress injuries like carpal tunnel syndrome or back problems
• Aggravation of pre-existing injuries

2. You Should Report the Injury Immediately

While South Carolina workers’ comp regulations give you 90 days to report a workplace injury, you should not delay doing so. Reporting the injury sooner can get your claim started sooner, too. Also, insurance companies will use any delay in reporting the injury as justification to deny your claim. 

3. You Have Two Years to File a Claim

State law provides you with two years to file a claim. However, reporting the injury sooner can help preserve evidence and get the claim process started sooner. 

4. You Can File a Workers’ Compensation Claim Even if the Accident Was Your Fault

Workers’ compensation is a no-fault insurance system, so you can file a claim even if your own negligence led to the accident. 

5. Your Employer Has the Right to Choose Your Doctor

When you seek medical treatment for your injuries, you must see the provider your employer selects unless you need emergency treatment. 

6. You May Qualify for Partial or Total Disability Benefits

Partial disability benefits are available to workers who can return to work after an injury but their injury limits their work duties, causing their wages to be reduced. Partial disability benefits are equal to two-thirds of the difference between your normal weekly wages and your new wages.

If your work injury prevents you from returning to work for more than seven days, you might qualify for total disability benefits. These benefits are equal to two-thirds of your average weekly wages, subject to the state maximum. 

7. Family Members Can Receive Death Benefits

If a worker dies on the job, their spouse, dependents, or parents can apply for workers’ compensation death benefits. 

8. You Have a Right to a Hearing

If your workers’ compensation claim is denied, you have the right to a hearing before the South Carolina Workers’ Compensation Commission. You must be prepared for this hearing and present the right evidence to the judge assigned to your case. An experienced workers’ comp attorney can help you prepare for your hearing, gather evidence to support your claim, and assist you through the appeals process.

9. Your Claim Will Probably Settle Out of Court

Some workers are hesitant to file a workers’ compensation claim because they don’t want to go to court. Don’t let that deter you. Most workers’ compensation claims settle out of court. A workers’ compensation attorney can handle your claim and may be able to avoid a hearing altogether. If your claim is denied, it can still be resolved through mediation or negotiation. Even if the matter does go to court, it is held before an administrative law judge, so the process is much less formal than going before other types of judges.  

10. You Can Take Steps to Protect Your Claim

There are steps that you can take to protect your claim, including:

• Seek immediate medical attention after sustaining a workplace injury.
• Make a written report of your accident and give it to your employer. 
• Keep all medical records and other evidence related to your case.
• Follow your doctors’ orders.
• Work with an experienced workers’ compensation lawyer

If you were injured at work or have questions about the workers’ compensation process, contact Stewart Law Offices today. We provide a free case review to discuss your legal options.

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