South Carolina Lawyer Blog

We’ve written before about the serious toll that drunk driving takes on SC drivers, families and communities. We’ve also written about how potential flaws in SC drunk driving laws may be keeping dangerous drivers on the road.

Now, a study by doctors in New Mexico may have found medical reasons why early action is the key to stopping drivers who struggle with alcohol from killing or injuring others. According to a recent report about the study, drivers convicted of drunk driving are likely to have a long history of alcohol and drug abuse.

Researchers interviewed 700 adults convicted of drunk driving and found that half of them were either long-term heavy drinkers or had a pattern of falling in and out of heavy drinking. In addition to heavy drinking, as much as one-third of the people interviewed fit the definitions for alcohol or drug dependence, depression, or post-traumatic stress disorder.

Study leader Dr. Sandra C. Lapham said that the results show that drunk driving is “a red flag,” and added, “It’s an opportunity to intervene.” Though many courts require people convicted of drunk driving to get screened for conditions like drug addiction or alcoholism, the screening can often fail to catch people who misjudge (or lie about) how much or how often they drink.

As Dr. Lapham noted, it’s often the people facing a drunk driving sentence that pay for the screenings, and because of this they may be motivated to underestimate any risky behavior. Dr. Lapham also said that even drunk drivers who aren’t trying to hide anything aren’t aware of how dangerous their drinking really is. On top of this, even people who may be ready to face their alcohol, drug or mental problems may not be able to afford treatment. Some insurance companies may make the problem worse by limiting the amount of treatment time they cover to a level that doesn’t allow these at-risk drivers to fully recover.

The study’s findings should signal an alarm for SC drivers and communities. As a recent article in The State shows, a combination of drunk drivers and weak drunk driving laws may be responsible for many of the increased deaths on our roads this year. What Dr. Lapham and her team found is that identifying drunk drivers as an “at-risk” population and getting them into treatment early on may be the most important way to stop later deaths and accidents.

Until then, being aware of the dangers of drunk driving and taking strong action when you or a loved one is involved in an accident with a drunk driver may be the only ways to keep you and your family safe.

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. The Louthian Law Firm focuses on personal injury cases involving South Carolina 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 form.

An elderly man in a motorized wheelchair who was struck and killed by a dump truck isn’t the first person to die recently at a dangerous intersection in Columbia, officials say. The pedestrian accident, which fatally injured the man, occurred at the intersection of Harden and Greene streets in the Five Points area of the city.

Officials said he was the fourth person to be hit and injured or killed at the intersection since May. As data from the beginning of the year gets released to the public, we might find that even more people have been killed or seriously injured at the intersection since the beginning of the year.

We do know that, before this accident, two people on foot were hit on June 1. At the beginning of May, a pedestrian died after a drunk driver ran into him on Harden Street.

Accidents that seriously injure or even take the lives of people on foot are a growing problem on American roadways. Last year, National Highway Traffic Safety Administration (NHTSA) figures showed that auto accidents involving people on foot and otherwise not in cars were on the rise: deaths rose over 4 percent and injuries rose nearly 20 percent.

In 2010, NHTSA data showed that 70,000 people not in cars were injured in auto accidents. Unfortunately, safety experts also admitted that they haven’t figured out why. Some experts point to alcohol use while other experts say that rising numbers of people who choose to walk or bike led to the increases.

Until SC officials and DOT workers decide to take serious action about the dangerous Five Points intersection and others in the state, the risk of injury or death to people near the road continues.

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. The Louthian Law Firm focuses on personal injury cases involving South Carolina 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 form.

Chicago-based Kolcraft Enterprises, Inc., has issued a recall for more than 36,000 strollers sold recently in the U.S. and Canada, according to a statement by the U.S. Consumer Product Safety Commission (CPSC).

The recall affects strollers sold as “Contours Options,” both the three- and four-wheeled models. The recall announcement says that the strollers pose a danger to both children and adults for serious injuries to the hands.

According to the CPSC, the company has learned of three children who had fingertips cut off, as well as two adults who had fingers smashed or cut, while using the Kolcraft strollers. The company estimates that about 36,000 strollers in the U.S. will be affected by the recall.

The problem with the Contours Options stroller lies with the adjustable handlebars. According to the recall, the hinge on the handlebar creates an opening as it is locked or unlocked that can catch and injure fingers. The models that pose the risk were sold between January 2006 and June 2012, for $150 to $160. They could have been purchased at a variety of stores in person or online. Retail sellers included Target, Toys”R”Us, and Amazon.com.

The recalled strollers have serial numbers beginning with ZL002, ZL005, ZL008, ZL015 and ZL018. You can find the serial number on your Contours Option stroller by checking for a sticker above the left wheel or for a label sewn onto the back edge of the stroller seat pad.

People who have one of the recalled strollers should stop using the product immediately. They should also contact Kolcraft, either by calling the company or by finding them online. If you know anyone who may own the stroller, you should share the recall information with them. As we’ve mentioned before, many people affected by a recall aren’t aware that they need to take action—and far too often serious injury is the result.

If you or a loved one has suffered an injury because of the Contours Options stroller or another Kolcraft product, you should contact the CPSC as well as Kolcraft. You should also seek medical attention, if you haven’t already.

If you or someone you care about has been injured by a defective product in South Carolina, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss. In order to protect that right, you should speak with the product injuries attorneys at the Louthian Law Firm as soon as possible. We help injured South Carolinians seek justice. For a free consultation, call us today toll free at 888-926-0051 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

Though the West Coast still holds nine of the 10 hot spots for auto theft, according to the National Insurance Crime Bureau (NICB), one South Carolina city has jumped into the spotlight.

When the NICB recently released its “Hot Spots 2011” chart, Anderson, SC, appeared in the number 8 slot, up from the number 33 slot it held last year.

The Hot Spots chart tracks auto thefts across the nation, and provides law enforcement and safety officials, as well as the public, with valuable information about which areas pose the highest threats to drivers and their vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), a vehicle is stolen every 33 seconds. Also according to the NHTSA, auto thefts cost Americans about $6.4 billion each year. With only 57 percent of all vehicles reported stolen able to be recovered, millions of drivers and families are at risk of auto theft. Unfortunately, many people assume that their communities are safe and free from crimes like auto theft. However, as facts like the 60 percent increase in property thefts in South Carolina since 1975 show, no one is safe from theft.

Aside from the financial costs, auto theft also poses real dangers for the safety and security of all drivers and their loved ones. As countless articles detail, car theft can leave a trail of violence, injuries and lost lives across entire communities. NHTSA statistics show that nearly half of all vehicles stolen get stolen because of some sort of driver error—things like leaving vehicle doors unlocked or keys in the ignition. Both the NHTSA and the NICB offer drivers tips for helping safeguard their vehicles and families from theft. You can check out the NHTSA’s vehicle theft prevention website for information about states with the highest levels of theft, the types of vehicles most commonly stolen, or how to prevent theft. In addition to this, drivers should get to know the NICB’s four ‘Layers of Protection’ to prevent theft, which include:

1.) Common Sense (steps which cover common kinds of driver errors)

1. Remove your keys from the ignition


2. Lock your doors /close your windows


3. Park in a well-lit area

2.) Warning Devices

1. Noise-making vehicle alarms


2. Steering column collars


3. Steering wheel/brake pedal lock


4. Brake locks


5. Wheel locks


6. Anti-theft decals


7. Identification markers in or on vehicle


8. VIN (vehicle identification number) etching


9. Micro dot marking

3.) Immobilizing Devices (technology which stops a thief from hot-wiring, starting or driving away with a vehicle)

1. Smart keys


2. Fuse cut-offs


3. Kill switches


4. Starter, ignition, and fuel pump disablers


5. Wireless ignition authentication

4.) Tracking Devices

1. GPS devices


2. Wireless/remote monitoring (like OnStar and similar services)

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. The Louthian Law Firm focuses on 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 form.

According to a recent announcement by the National Youth Leadership Council (NYLC) and Project Ignition, a South Carolina school is one of the 10 places best at helping change the way teens drive.

Project Ignition, a teen driving safety effort sponsored by State Farm Insurance and coordinated with the NYLC, asked schools across the U.S. and Canada to share their attempts to help teens build safer driving habits and have teens get involved in spreading awareness about safe driving. The program recently announced a list of 25 schools in the U.S. and Canada, which earned $2,000 grants from Project Ignition because of their successful drivers’ safety efforts. Among those top 25 schools was Blythewood High School, located in Blythewood, SC. However, Blythewood High’s teen driving safety successes didn’t stop there.

After that initial list, Project Ignition then selected ten schools for additional awards that could add up to around $7,500. And Blythewood High topped that final list of ten schools. According to Project Ignition, the title of Blythewood’s campaign was, “Keep your eye on the prize—Life.” The school’s efforts included machines simulating intoxicated driving and texting, golf cart texting and distracted driving exercises, seatbelt checks and prom-related crash safety efforts.

The good news for Blythewood comes just on the heels of more data from researchers and the federal government that shows ever-increasing levels of text messaging and distraction for U.S. drivers—especially when it’s a teen who’s behind the wheel. The Project Ignition award also comes with an announcement from the Insurance Institute for Highway Safety (IIHS), praising South Carolina, among some other states, for its efforts at graduated licensing programs. Graduated licensing is a nationwide teen driving safety effort, which has many forms across each state, and helps to limit the ages or conditions under which teens can drive without special restrictions or requirements. According to the IIHS, these programs have helped reduce deaths among 16-year-old drivers by 68 percent between 1996 and 2010.

Unfortunately, as we’ve mentioned before, teens are still among the most vulnerable of all drivers—still more likely to overestimate their skills and underestimate the amount of danger that simple choices, like texting or driving distracted, may hold. Let’s hope that other schools can follow Blythewood High’s example for safety and change.

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. The Louthian Law Firm focuses on 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 form.

Most of us are aware of the danger caused by convicted drunk drivers who get behind the wheel again without treatment or before they’ve followed all the necessary legal steps to regain their licenses. We’ve written about this very serious problem before.

However, as a recent article in The State shows, certain kinds of medical histories and conditions can have consequences that are just as deadly. The State article discusses the driving history of an inactive Richland County sheriff’s deputy named George Mickens, who has been involved in several serious accidents—including a June 30, 2011, crash that occurred as Mickens was driving a county-owned vehicle. The crash claimed the life of a 67-year-old retired contractor and community activist named Tommy Hawkins, and put Mickens on inactive deputy status with the Richland County Sheriff’s Department.

As The State uncovered, Mickens’ troubles didn’t stop there. According to the report, he was involved in another accident in December 2011.

One of the most distressing aspects of the June collision, aside from the loss of Mr. Hawkins’ life, is that Mickens was operating an official Richland County vehicle. During the investigation into the accident that killed Mr. Hawkins, the deputy revealed that he has a history of previous seizures—and that he’d had a seizure at work in the past. Because of this medical history, we believe allowing Mickens to operate a motor vehicle on public roadways was an unacceptable risk that posed a danger to others.

As our own Bert Louthian says in the article, “This is an accident that should never have happened. Instead, Mr. Hawkins lost his life needlessly, leaving behind his wife, Linda, five children, 11 grandchildren and four great-grandchildren.”

It was only after the December accident that Mickens South Carolina drivers’ license was finally canceled. Every state in the U.S. has requirements about drivers whose abilities may be impaired for medical or biological reasons—such as aging drivers, drivers with disabilities, with diseases that affect their vision, hearing or reflexes, etc. Unfortunately, without alternatives to help with enforcement, or better systems to help medically impaired drivers find other means of transportation, many states have to rely on people to voluntarily comply with decisions by regulators—or to have families who can take on the burdens of assisting or monitoring those who cannot drive themselves. We believe that kind of system isn’t adequately safeguarding South Carolina drivers.

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. The Louthian Law Firm focuses on 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 form.

As we head into summer, many people look forward to the transformation of their backyards into great places to cool off and keep fit with in-ground and portable pools. However, according to the U.S. Consumer Product Safety Commission (CPSC), many people still don’t know that drowning is a leading cause of death for children in the U.S. It’s the leading cause of injury death for children between the ages of 1 and 4, according to the Centers for Disease Control and Prevention (CDC). Of the 390 drowning deaths reported on average to the CPSC each year, 75 percent are children under age 5. Sixty-seven percent of those deaths are children between the ages of 1 and 3. And, according to the CDC, although drowning dangers can be a year-round hazard in warmer states, most injuries and deaths related to pools occur between May and August.

Concerned parents and caregivers can go to the CPSC’s Pool Safety web portal, which contains safety tips and information for families, as well as more statistics and facts about drowning injuries and how they occur. According to the CPSC, nearly half of all child drowning injuries and deaths occur at home. The next most common place for injury is at a friend or relative’s house. About 58 percent of drowning-related injuries among children up to 14 years old occur among boys. Though drowning injuries don’t occur only in pools—some can occur in places like spas—most happen in pools. Nearly 60 percent happen while using in-ground pools; another 10 percent happen in portable pools.

The CPSC recommends a few simple steps that parents, family members and neighbors can follow to keep their pools and spas safe for all to enjoy. They recommend parents and pool owners:

• Install pool and gate alarms;


• Fence off pools with 4-foot or higher fencing, using self-closing or self-latching gates;


• Keep an eye on young children at all times;


• Assign a ‘water watcher’ to monitor children of all ages while swimming;


• Stay within arm’s reach while in and around a pool;


• Learn CPR;


• Get swimming lessons for everyone.

Although children are a particularly vulnerable group when it comes to drowning injury or death, everyone should approach swimming or poolside relaxing with caution. Between 2009 and 2011, hospitals across the U.S. treated about 5,200 injuries each year because of drowning, says the CDC. As the summer months heat up, keeping pool safety and drowning prevention in mind can help make beating the heat fun and healthy for the whole family.

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. The Louthian Law Firm focuses on 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 form.

According to a new report, South Carolina ranks among the deadliest states for deaths due to injury—whether from accidents or violence. The study, titled The Facts Hurt: A State-By-State Injury Prevention Policy Report, was recently released by the Trust for America’s Health and the Robert Wood Johnson Foundation and focused on key steps that states can take to reduce the number of injury deaths. The report looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings, according to the authors. South Carolina, on the other hand, scored only three out of 10 points. Only two states, Montana and Ohio, scored worse.

According to the Trust, South Carolina has almost 72 injury-related deaths for every 100,000 residents each year. The national average is about 58 deaths per 100,000 people. The number of injury-related fatalities means South Carolina also loses an estimated $26.3 million each year due to special kinds of medical costs related to these fatal injuries. Across the nation, about 50 million people in the U.S. are treated for injuries each year. It is the third leading cause of death in America, and, for Americans between the ages of one and 44 it is the leading cause of death. In total, injuries generate about $406 billion in lifetime medical costs and lost productivity each year, the Trust says.

The report looked at 10 different policies, ranging from seatbelt laws to teen dating violence and prescription drug abuse, which the Trust says have a growing amount of research behind each of them showing that they improve safety and help prevent accidents and violence. According to the report scorecard for South Carolina, the state uses only three of the ten policies. The policies that gained South Carolina points include seat belt laws, a prescription drug monitoring program, and a system that regulates how hospitals document and track the causes of injuries they treat.

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. The Louthian Law Firm focuses on 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 form.