Pedestrian Killed on I-526 Near Westmoreland Bridge — Dangerous Roadway Questions Arise

The Incident

On November 25, 2025, tragedy struck near the Westmoreland Bridge on I-526 in Charleston, South Carolina. A pedestrian was fatally hit by a vehicle while attempting to navigate a dangerous stretch of roadway that lacks a safe shoulder or pedestrian path. This unfortunate incident highlights the inherent risks posed by infrastructure that fails to account for pedestrian safety.

Reports indicate that the victim was walking along the highway when they were struck by a passing vehicle. The absence of designated pedestrian areas and the high-speed nature of traffic on I-526 raise serious questions about the adequacy of roadway design and maintenance in this area. This case may involve not only the driver but also potential liability on the part of government entities responsible for the roadway’s design and upkeep.

What South Carolina Law Says

South Carolina law provides avenues for addressing wrongful death and government liability in cases like this. Under the South Carolina Tort Claims Act (S.C. Code § 15-78-10 et seq.), government entities can be held liable for negligence in maintaining safe roadways, though certain limitations and immunities apply. If the design or maintenance of I-526 contributed to the accident, the responsible agency may face liability.

Additionally, wrongful death claims are governed by S.C. Code § 15-51-10. These claims allow the family of the deceased to seek compensation for damages such as medical expenses, funeral costs, and loss of companionship. Establishing negligence—whether on the part of the driver or the entity responsible for the roadway—will be critical in pursuing justice for the victim and their family.

Your Rights and Options

If you’ve lost a loved one in a pedestrian accident, it’s important to understand your rights. The victim’s family may file a wrongful death claim against the driver if their negligence caused the accident. This could include speeding, distracted driving, or failure to yield.

In cases where roadway design or maintenance played a role, a claim against the government entity responsible for I-526 may be possible. However, these cases are complex and require detailed investigation, including expert analysis of the roadway’s design and safety standards.

To protect your rights, gather evidence such as police reports, witness statements, and photographs of the accident scene. Consulting an experienced attorney is also crucial to navigate the legal complexities and ensure you pursue all available avenues for compensation.

What I Look For When Evaluating These Cases

When evaluating pedestrian accident cases, I focus on several key factors. First, I examine the driver’s actions—was the driver speeding, distracted, or otherwise negligent? Second, I assess the roadway conditions to determine whether poor design or maintenance contributed to the accident. Finally, I consider the victim’s actions to ensure their behavior did not significantly contribute to the incident.

A strong case typically involves clear evidence of negligence, whether by the driver or a government entity. Documentation, witness accounts, and expert opinions play a critical role in building a compelling argument.

How Insurance Companies Will Fight Back

Insurance companies often employ aggressive tactics to minimize payouts in pedestrian accident cases. They may argue that the victim was at fault or that the driver acted reasonably under the circumstances. In cases involving government liability, agencies may invoke immunity provisions under the South Carolina Tort Claims Act to avoid responsibility.

Countering these defenses requires meticulous preparation and a thorough understanding of South Carolina law. An experienced attorney can anticipate these tactics and build a strong case to overcome them.

Related Practice Areas at Traywick Law Offices

At Traywick Law Offices, we handle a variety of cases related to pedestrian accidents and wrongful death. Learn more about our services by visiting our Charleston Car Accident Lawyer and Charleston Personal Injury Attorney pages.

My Final Thoughts

This tragic incident underscores the importance of accountability and safety on South Carolina roadways. As a Charleston attorney, I am committed to helping victims and their families seek justice. If you find yourself facing a similar situation, know that you don’t have to navigate it alone—I’m here to help.