I-526 Construction Zone Worker Killed by Passing Vehicle — SCDOT and Contractor Face Scrutiny

The Incident

On November 24, 2025, tragedy struck in Charleston when a highway worker was fatally injured in the I-526 construction zone. A passing vehicle entered the work area and collided with the worker, raising serious concerns about safety protocols and traffic control measures in place at the site. The South Carolina Department of Transportation (SCDOT) and the contractor responsible for the project are now under scrutiny for their role in ensuring worker safety.

This devastating accident highlights the dangers faced by road construction workers, who rely on proper planning and enforcement of safety measures to protect them from harm. The incident has sparked discussions about whether adequate signage, barriers, and traffic diversions were implemented to prevent such a tragedy.

What South Carolina Law Says

South Carolina law provides protections for workers injured or killed on the job through the state’s workers’ compensation system. Under South Carolina Code § 42-1-540, workers' compensation is the exclusive remedy for employees injured during the course of their employment, meaning the worker's family may be entitled to death benefits and coverage for funeral expenses.

However, in cases involving third-party negligence, such as a driver failing to obey construction zone warnings, additional legal claims may be pursued. South Carolina Code § 15-78-60 outlines potential liability for government entities, such as SCDOT, if negligence in planning or maintaining a safe worksite contributed to the accident. Contractors may also face liability under general tort principles if they failed to implement proper safety measures.

Your Rights and Options

For the family of the deceased worker, filing a workers’ compensation claim is an essential first step to secure death benefits. These benefits can provide financial support for dependents and cover funeral expenses. It’s crucial to act quickly, as there are strict deadlines for filing claims.

Additionally, the family may explore third-party negligence claims if evidence shows that the driver, SCDOT, or the contractor failed to uphold their duty of care. This could involve gathering evidence such as traffic camera footage, witness statements, and expert analysis of the construction zone’s safety measures.

Consulting with an experienced workplace injury attorney is critical to navigating the complexities of workers’ compensation and third-party claims. An attorney can help identify all responsible parties and ensure the family receives the compensation they deserve.

What I Look For When Evaluating These Cases

When evaluating workplace injury or death cases, I focus on several key factors. First, I examine whether the employer provided adequate safety training and equipment to the worker. Next, I assess the construction site’s safety protocols, including signage, barriers, and traffic control measures. Finally, I investigate whether a third party’s negligence contributed to the accident, such as a driver’s reckless behavior or inadequate planning by contractors or government entities.

How Insurance Companies Will Fight Back

Insurance companies often attempt to minimize payouts by arguing that the worker was partially at fault or that the accident was unavoidable. In third-party claims, they may dispute liability by pointing fingers at other parties involved, such as contractors or drivers. It’s essential to counter these tactics with strong evidence and expert testimony.

Related Practice Areas at Traywick Law Offices

At Traywick Law Offices, we handle cases involving workplace injuries, premises liability, and construction accidents. If you or your loved one has been affected by a similar incident, we’re here to help.

My Final Thoughts

This tragic accident underscores the importance of prioritizing safety on construction sites, especially in high-risk areas like roadways. As an attorney, my goal is to ensure that grieving families receive justice and accountability from all responsible parties. If you’re facing a similar situation, I encourage you to seek legal guidance to protect your rights.