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Charleston Injury Lawyers / Blog / Wrongful Death / Missing Guardrails Lead to Successful Wrongful Death Lawsuit in South Carolina

Missing Guardrails Lead to Successful Wrongful Death Lawsuit in South Carolina

Guardrail

While a set of missing guardrails might seem like a minor concern, the lack of this crucial safety feature can lead to serious consequences for innocent people. Guardrails can protect people from falling to their deaths. In the context of traffic safety, guardrails may mitigate serious crashes. A recent wrongful death lawsuit in South Carolina shows that a set of missing guardrails can lead to a substantial settlement.

Family of Deceased Teen Gets Justice After Missing Guardrail Lawsuit 

In June of 2025, multiple sources reported that the family of a deceased teen had received a settlement for a wrongful death lawsuit involving missing guardrails. The 16-year-old perished in 2021 when he veered off a bridge and into the Lawsons Fork Creek, where he drowned. The teen was trying to avoid a collision, and he survived the initial crash before dying underwater.

After the incident, his parents discovered that the bridge over the creek did not have any guardrails. They also found out that this lack of guardrails was a violation of basic safety standards, and this caused them to file a lawsuit against the South Carolina Department of Transportation. But the road to justice and closure wasn’t exactly easy.

Eventually, the Department of Transportation did not dispute this assertion, and the organization handed over a settlement of $350,000 to the teen’s family. However, the journey toward closure took the family four years. Initially, investigators blamed the boy for his own crash – stating that he was going too fast over the bridge.

The teen’s family says that they tried to show local authorities surveillance footage of the crash that clearly showed another vehicle involved. According to the Post and Courier, no one in law enforcement actually looked at the video footage. This prompted the family to hire a lawyer and pursue more decisive legal action.

The family also forced the Department of Transportation to install new guardrails on the bridge that took the child’s life. The parents say that this was a strong victory for them, and it was even more important than the money they received. That said, the parents expressed disappointments at the damage cap of $300,00 for claims against the government. If it weren’t for these caps, the family would have received much more.

Can a Wrongful Death Lawyer in South Carolina Help Me? 

A wrongful death lawyer in South Carolina may be able to help if you’re mourning the loss of a loved one. Whether your relative died because of missing guardrails or some other safety violation, you have the right to pursue legal action against negligent parties. As the recent case illustrates, plaintiffs can even sue government agencies for failing to prevent traffic deaths. Learn more by contacting Mickelsen & Dalton, LLC today.

Sources: 

wspa.com/news/local-news/scdot-settles-lawsuit-over-missing-guardrail-with-family-of-teen-killed-in-2021-crash/#:~:text=The%20lawsuit%20stated%20that%20the,not%20up%20to%20safety%20standards.

postandcourier.com/spartanburg/news/scdot-settlement-missing-guardrails-kolson-elliott-boiling-springs/article_3e347c5a-0f90-43a6-a1b2-2552126a4da8.html

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