SCDOT Held Accountable in Teen’s Tragic Death on Drayton Road
The South Carolina Department of Transportation (SCDOT) has reached a $350,000 settlement in a wrongful death lawsuit filed by the family of 16-year-old Kolson Elliot, who died in a devastating crash on Drayton Road four years ago. Central to the case was a missing guardrail that may have prevented the fatal accident had it been installed.
Initially, authorities blamed Kolson’s speed for the crash. However, that explanation didn’t sit right with his family. Determined to uncover the truth, Kolson’s father, Kevin Elliot, took it upon himself to find video footage of the crash. One nearby business owner readily shared video evidence with Elliot, showing that another car had pulled in front of Kolson and caused the crash. Elliot shared this evidence with law enforcement. However, months went by without any follow-up. It was at that point he reached out to attorney Ryan Langley, someone he now considers family.
Attorney Langley dedicated himself to proving Kolson’s innocence and correcting the record. In 2022, following negotiations, the other driver agreed to a $750,000 settlement to resolve the wrongful death claim.
In an effort to prevent further tragedy, Elliot turned his attention to the DOT in 2023. The lawsuit alleged that the absence of the guardrail constituted negligence and that the Department failed to fulfil its responsibility to provide reasonably safe road conditions for the public.
Though the department denied that the guardrails where necessary, weeks before trial was to begin the guardrails were installed on Drayton Road at the Lawsons Creek Bridge.
“We felt very emotional,” said Elliot, describing the moment he and his wife saw the guardrail in place, “We also felt amazed and proud it was there.”
On June 3, Judge Charles J. McCutchen approved a settlement that held the DOT accountable. The resolution sends a strong message about the importance of roadway safety and the accountability of public entities. The outcome reflects the significant legal risks agencies face when they fail to maintain critical safety features.
Seeking Justice After a Preventable Loss
If you have lost a loved one due to unsafe road conditions, you may have legal options. Pursuing a wrongful death claim against a government agency can be challenging, but it is possible with the right legal representation.
The recent settlement involving SCDOT is a powerful example of how legal action can lead to both justice and change. Thanks to the courage and persistence of Mr. Elliot paired with the efforts of Attorneys Matt Foss and Ryan Langley, one family has found closure, and helped make South Carolina roads safer for everyone.
