South Carolina Lawyer Blog

Bert Louthian, a Columbia attorney who handles whistleblower cases, today expressed his dismay at a new survey that says employees who report misconduct are facing increased retaliation for doing so.

“Besides the fact that these courageous people are suffering abuse for pointing out corruption and fraud, we are particularly discouraged by the Ethics Resource Center’s conclusion that this problem of retaliation is likely to grow,” said Louthian, a South Carolina False Claims Act attorney and a partner at the Louthian Law Firm, P.A., in Columbia.

“We want workers in South Carolina and elsewhere to understand that they are legally protected when they report fraud and other misconduct in business. But in order to reap the benefits of the law’s protection, they often need the assistance of a law firm that employs experienced False Claims Act attorneys,” he said.

The Ethics Resource Center (ERC) released its biannual National Business Ethics Survey earlier this month. According to the survey’s results, the misconduct U.S. workers had witnessed fell to a historic low, although “retaliation against employee whistleblowers rose sharply.”

The survey found that 22 percent of those who reported bad behavior – some 9 million Americans – said they experienced some form of retaliation, up from 15 percent in the 2009 survey and only 12 percent in 2007.

“Most of the retaliation was passive, such as being excluded from decisions and work activity by a supervisor or being given a cold shoulder by peers,” the Wall Street Journal reported. “But 44 percent said they were reassigned, one third of employees said they were demoted and 31 percent said they experienced physical harm to themselves or their property.”

“As the economy gets better – and companies and employees become more optimistic about their financial futures – it seems likely that misconduct will rise and reporting will drop, mirroring the growth in pressure and retaliation that have already taken place,” the ERC said in its key findings.

The False Claims Act, known as the “whistleblower law,” is meant to protect workers who report fraudulent activity pertaining to government funds. The law provides the means for individuals to file lawsuits on behalf of government agencies being defrauded, which are known as “qui tam claims.” Whistleblowers may collect 15 to 30 percent of any money recovered in a successful lawsuit.

A whistleblower lawsuit typically pertains to tax fraud, health care fraud (such as false Medicaid or Medicare claims), Social Security fraud or corporate fraud that involves overbilling the government or submitting false information to regulatory agencies, Louthian said.

“The complexity and intimidation factors involved in a qui tam lawsuit are why a whistleblower should contact an experienced False Claims Act attorney before moving forward,” Louthian said.

“A lawyer can advise a worker and assist them in collecting documentation of their claim. Then, should retaliation come, they will not be alone; their attorney will stand beside them every step of the way.”

About The Louthian Law Firm
The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. In addition to whistleblower claims, the Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

With 52 traffic fatalities last year, Lexington County had the second worst highway safety record in South Carolina during 2011, Sheriff James Metts told Columbia-based WIS-TV. Sheriff Metts estimated that 60 percent of those deadly auto accidents involved drivers who were impaired by alcohol or drugs.

“We had more deaths in Lexington County last year by vehicle than we had by any other means,” he said in the recent report. Sheriff Metts called on lawmakers to increase funding for law enforcement, including more State Troopers to crack down on drunk driving in South Carolina. We have reported here before about South Carolina’s trooper shortage and efforts to increase the number of officers patrolling the state’s roads.

Law enforcement and victims’ families also urged state lawmakers to increase the penalties for driving under the influence and to make it easier to get convictions for motorists charged with DUI. In the meantime, Sheriff Metts said deputies will step up their efforts to target impaired drivers in Lexington County.

The Columbia drunk driving auto accident attorneys at the Louthian Law Firm, P.A.,support law enforcement’s efforts to crack down on impaired drivers, and we also ask state government to restore the number of State Troopers on patrol. In addition, we are committed to seeking justice for people who were injured by impaired drivers and for the families of drunk driving victims.

If you or someone you love has been injured in a drunk driving traffic accident in Lexington County or elsewhere in South Carolina, you should speak with an experienced Columbia personal injury attorney such as the ones at the Louthian Law Firm, P.A., as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

For a free consultation, call the South Carolina auto accident lawyers at the Louthian Law Firm, P.A., today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

The debate over whether all motorcyclists in South Carolina should be required to wear helmets has once again come up in the state legislature. State Sen. Ralph Anderson of Greenville has sponsored a bill that would make helmets mandatory for all riders, instead of only those younger than 21. Gov. Nikki Haley has promised to veto the bill should it reach her desk.

Passing a mandatory motorcycle helmet law would put South Carolina in line with 20 other states, including its neighbors in Georgia and North Carolina, which already require all motorcycle riders to wear helmets.

The bill’s introduction comes at a time when South Carolina is experiencing a double-digit increase in the number of motorcycle fatalities on its roads. Although it’s true that there are a number of factors that could be responsible for the spike in motorcycle deaths, it is clear that wearing a helmet can significantly reduce the likelihood of being killed or seriously injured in a South Carolina motorcycle crash.

A recent op-ed piece in the Anderson Independent-Mail supporting the helmet bill cited statistics that indicate what a difference wearing a helmet can make for motorcyclists who are involved in crashes. Data from the National Highway Traffic Safety Administration show that wearing a helmet cuts the chance of dying in a motorcycle crash by 37 percent. This is significant considering that studies show that motorcyclists are 30 times more likely than other motorists to be involved in a crash.

The Columbia motorcycle accident attorneys at the Louthian Law Firm, P.A., recognize that in many instances the driver of the other motor vehicle is to blame for a crash with a motorcycle. Too many drivers are distracted and not focused on keeping a proper lookout for motorcyclists, ignoring their right to use the road. Our lawyers also understand enthusiasts’ objections to laws that intrude on their freedoms. However, we have seen the tragic results of so many motorcycle accidents that we believe a mandatory motorcycle helmet law merits consideration.

The South Carolina personal injury attorneys at the Louthian Law Firm, P.A., have been helping motorcycle accident victims in Columbia, Orangeburg, Sumter, Aiken, and throughout South Carolina, obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you or someone you love has been seriously injured in a South Carolina motorcycle accident, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

In a recent opinion item in the Charleston Post and Courier, North Charleston city councilman Ron Brinson urged South Carolina authorities to support much-needed upgrades to Interstate 26, the main route connecting the Charleston area to the rest of the state and nation.

Brinson rightly points out that I-26 is already over capacity and in generally poor condition, and that situation will only get worse as the Port of Charleston grows and more trucks take to the highway. “Congestion and outdated designs engender unsafe conditions. Accident rates are generally high, and there’s a well-documented disproportionate fatality rate, especially in the Orangeburg to Summerville segment,” he writes.

Motorists who frequently travel I-26 between Charleston and Columbia are aware of the road’s inadequacies, and Brinson suggests that conditions will deteriorate as traffic increases — unless the state gets serious about upgrading its infrastructure. With the potential for a doubling of truck traffic related to the port within 10-12 years, sufficient modernization of I-26 would cost at least $1 billion and take about a decade, according to Brinson.

The South Carolina truck accident lawyers at the Louthian Law Firm echo the writer’s concerns about the safety of I-26, and we urge the state and federal governments to support upgrades to the route. We have written here before about one state lawmaker’s proposal to put in place a temporary fix for the issue of heavy trucks on I-26 by restricting them to one lane. While that might or might not be part of the solution, it is important for government officials to begin taking a serious look at how they can improve the road’s safety.

The South Carolina personal injury attorneys at Louthian Law Firm, P.A., have been helping truck accident victims in Columbia, Orangeburg, Sumter, Aiken, and throughout South Carolina, obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you or someone you lovehas been seriously injured in a truck accident on I-26 or any of South Carolina’s roads, contact the Louthian Law Firm, P.A., today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

Preliminary reports indicate that South Carolina traffic accidents claimed more lives in 2011 than the year before, marking the first increase in highway deaths since 2007. According to the South Carolina Department of Public Safety, 818 people perished in South Carolina auto accidents last year, up 9 over the 2010 toll.

This step backwards is particularly disturbing at a time when the nation as a whole is experiencing a continuing decline in the number of overall traffic deaths. Nationwide, auto accident fatalities hit a 61-year low in 2010, according to the National Highway Traffic Safety Administration. Preliminary reports from other states show that the overall downward trend continued last year.

Why is South Carolina different? Part of the explanation is that the state is experiencing more pedestrian and motorcycle fatalities, according to an article in Columbia’s The State newspaper. Early numbers revealed that at least 110 pedestrians died in South Carolina during 2011, up 21 over the previous year’s tally. South Carolina motorcycle fatalities followed a similar trend, with at least 20 more deaths in 2011 than in 2010.

As we have reported here before, South Carolina needs to do more to address the safety threats faced by pedestrians and motorcyclists. While it is clear that authorities need to step up enforcement of existing laws and the state’s transportation infrastructure would benefit from improvements, much of the responsibility for highway safety lies with motorists themselves.

The Columbia car crash attorneys at the Louthian Law Firm, P.A., understand that negligent drivers bear a significant share of the blame for our state’s high fatality rate, and we are committed to holding reckless and careless motorists accountable for the losses they cause.

If you or someone you love has been injured in a traffic accident in Columbia, Orangeburg, Lexington, Aiken, Sumter, or anywhere in South Carolina, you should speak with an experienced traffic accident lawyer such as the ones at the Louthian Law Firm, P.A., as soon as possible. We have represented the rights of accident victims since 1959, and we’re committed to providing personalized service to you while aggressively pursuing negligent motorists. Because we understand how financially devastating an accident can be, we charge you nothing until you have recovered compensation for your damages.

For a free consultation, call the South Carolina auto accident lawyers at the Louthian Law Firm, P.A., today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

A recent opinion column in the Post and Courier calls on South Carolina's Department of Transportation (SCDOT) to think more about cyclists’ needs and safety on the James Island Connector. SCDOT recently banned pedestrians and cyclists on the popular bridge after a recent cyclist death. No safe and efficient alternate routes currently exist for those seeking to get to James Island by foot or bike.

The op-ed calls for both improvements to the connector and other routes for the sake of cyclists and pedestrians. The bridge was not originally designed to handle anything but cars and trucks, but local officials have long debated ways to make the connector safer. The local mayor, Joe Riley, supported a recent measure to convert one lane on the bridge for pedestrian and bicycle use, but funding issues have stymied the effort.

Charleston Moves, a local advocacy group, is looking for alternatives to a complete ban. Charleston Moves says the SCDOT ban is "running away from what's needed." The group has begun talks with engineers to discuss the viability of foot and bike traffic on the bridge. Possible alternatives may include a cantilevered walkway, retrofitting the bridge, and/or lowering the speed limit. So far, SCDOT has not joined the talks.

The Louthian Law Firm, P.A., South Carolina Personal Injury Lawyers, has been helping accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt in a South Carolina bicycle accident, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

Our South Carolina car accident attorneys recently reported about the dangers of driving with a cold - considered another form of distracted driving. South Carolinians and all Americans have been bombarded with the hazards of texting while driving, and other dangerous distracted driving behaviors. While some in the general public believe the warnings are excessive, our attorneys have seen the devastating impact of distracted driving.

Using electronic devices such as cell phones and GPS technology while driving are the usual distractions that drivers are warned against that can result in serious accidents and highway traffic fatalities. The list of possible distractions is seemingly endless, and by being aware of some of the most common distractions, drivers can help make our South Carolina highways safer.

Common Driving Distractions

• Texting and cell phone use are the most common driving distractions.While many states have enacted cell phone driving laws, South Carolina is one of the few states that has not yet successfully passed legislation.However, the 2011-2012 South Carolina General Assembly will once again consider distracted driving legislation.Regardless of whether a texting while driving law is in place, drivers should refrain from practicing that dangerous behavior.


• Outside noise and commotion can be just as distracting as activity inside the vehicle. Experts suggest keeping your windows up when driving to avoid the possibility of an insect flying into the car, loose paper from flying around the car and being distracted by loud noises from construction sites and congregating crowds.


• Emotional discussions can upset and distract the driver, quickly turning into a dangerous accident. Resolve differences outside the car at a later time.


• Eating, drinking and applying make-up are common practices for drivers, yet they all have the potential of being extremely distracting. Trying to retrieve dropped food, cleaning up spilled drinks or looking in the mirror to ensure lipstick is properly applied all require taking your eyes off the road and can cause an accident in a split second.

Our South Carolina accident attorneys remind drivers that any time you take your attention away from driving, the potential for an accident increases exponentially. Recognizing, and avoiding, the common driving distractions above can help keep drivers, passengers and pedestrians safe from accidents.

The Louthian Law Firm, P.A., South Carolina Personal Injury Lawyers, has been helping car accident victims obtain fair compensation for their injuries since 1959. We provide each of our clients with individual attention.

If you believe you or someone you care about was hurt by a car, truck or motorcycle accident in South Carolina, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

A report on ABC News this week identified yet one more hazard for drivers – the common cold. According to researchers in Great Britain, a person that gets behind the wheel with a heavy cold is just as dangerous as someone who has just downed four double shots of whiskey.

The research conducted by Young Marmalade, a UK-based car insurance company, and Cardiff University in Wales, found that drivers who were sick drive erratically and have slowed reaction times. In fact, the ABC News Health blog cited data from the study that found that driving skills of sick drivers "dropped by about 50 percent when compared with those who were healthy."

The researchers identified lack of sleep from cold symptoms as the primary culprit affecting sick drivers, and not medication. However, taking cold medication can cause drowsiness and may further impact the dangers of driving with a cold.

A quick calculation by ABC estimated about 1 million Americans will be driving with a cold on any given day.

What should you do if you have a cold?

Before driving you should ask yourself if you can drive safely feeling as ill as you do. If you are determined to drive, you should focus on the task at hand and follow basic safe driving skills. The ABC report suggests that sick drivers should be more attentive, keep both hands on the wheel, buckle up and allow enough distance between themselvesand other cars.

Our car accident attorneys previously reported that South Carolina drivers are among the worst in the country. We believe the best way to help keep South Carolina residents out of harm’s way from unsafe drivers is by continually raising the awareness of distracted driving behaviors. Anytime you get behind the wheel of your car, please stay focused and drive defensively to help arrive safely at your destination.

At the Louthian Law Firm in Columbia, SC, we have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. Because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200. You can also fill out our confidential online case evaluation form.