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In this North of the Broad episode, founding attorney Brent Stewart of Stewart Law Offices explains how prior health issues, partial fault, and distracted driving affect personal injury cases, and why motorcycle wrecks are uniquely tragic.
⚖️ Prior Health Issues
Medical history matters in injury cases. If you fail to disclose past back or joint problems on intake forms, defense attorneys can use that against you. Being upfront allows attorneys to show how an accident aggravated a pre-existing condition.
⚖️ Partial Fault Rules
South Carolina: Your damages are reduced by your percentage of fault, unless you are more than 50% at fault.
North Carolina: Even 1% fault can bar recovery entirely.
⚖️ Distracted Driving & Rear-End Collisions
Brent notes that rear-end crashes are the most common cases today, with many tied to cell phone use. Attorneys often issue a spoilation letter to preserve phone records, which can later prove distraction caused the crash.
⚖️ Motorcycle Accidents
Less frequent but far more severe, motorcycle wrecks often lead to catastrophic injuries. Brent stresses the importance of drivers watching for motorcyclists and the life-saving necessity of helmets — law or not.
⚖️ Why Legal Advice Matters
Brent emphasizes that while online research is helpful, nothing replaces speaking directly with a lawyer. Every case is fact-specific, and getting a second opinion is encouraged to ensure confidence in your legal team.
👉 Learn more about how we can help in your state:
https://www.stewartlawoffices.net/north-carolina-personal-injury-lawyer/
https://www.stewartlawoffices.net/south-carolina-personal-injury-lawyer/
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Lexington: 203-D West Main Street, Lexington, SC 29072
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⚖️ Disclaimer:
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The listed results are before the deduction of fees and costs. Case results vary. Prior results do not guarantee any future outcomes. After recovery is made, attorney fees will be computed before the deduction of incurred expenses. Personal attorney results are achieved while practicing law, not necessarily while at the current law firm.