The family of brothers who died in a tragic 2023 crash on Riverland Drive in Charleston County, South Carolina, has filed a wrongful death lawsuit against the City of Charleston and the South Carolina Department of Transportation (SCDOT). A South Carolina wrongful death lawyer explains that such cases often center on whether state or city agencies failed to correct known roadway hazards that contributed to fatal crashes. The suit alleges that the agencies failed to remove a hazardous tree, widely known by locals as the “Widowmaker Tree,” which has long been considered a deadly roadside danger on James Island.
The crash, which claimed four lives, occurred when a Cadillac SUV driven by Brittney Roper veered off Riverland Drive and collided with the tree. James Hamilton and Earl Hamilton, brothers beloved by their community, were killed instantly. Two other victims, Mitchell Watson and Tyler Barron, also lost their lives. A toxicology report later revealed that Roper’s blood alcohol concentration was 0.09%, and her system contained THC, leading to four counts of felony DUI and reckless homicide charges.
The 2023 Riverland Drive Tragedy
According to the South Carolina Department of Public Safety, the fatal crash happened in the early morning hours along a narrow stretch of Riverland Drive lined with large oak trees. Investigators from the Major Accident Investigation Team and the South Carolina Law Enforcement Division examined black box and Event Data Recorder data from the Cadillac SUV to reconstruct the incident.
Authorities noted that the speed limit in the area was already under review due to previous traffic deaths along the same curve. Residents of James Island and nearby Folly Beach had been vocal about the lack of safety measures and road safety improvements, such as elevated crosswalks, pedestrian bridges, and better safety signage.
Community petitions and even local coverage by Live 5 News and other investigative journalism outlets had warned officials of the Widowmaker Tree’s risk, describing it as a “ticking time bomb” for motorists.
The Wrongful Death Lawsuit Against the City and State
The Hamilton family’s injury law claim accuses both the City of Charleston and the Department of Transportation (also known as SC DOT) of negligence and failure to act despite repeated warnings about the hazardous tree. The lawsuit asserts that both agencies were aware that collisions involving fixed roadside trees had occurred before, yet they failed to:
- Remove or trim dangerous trees along Riverland Drive
- Install guardrails or barriers to prevent direct tree collisions
- Implement lower speed limits or additional safety regulations
- Properly assess roadway risk under Federal Motor Carrier Safety Regulations
The lawsuit cites a pattern of neglect similar to other Charleston city infrastructure cases and highlights the City of Charleston’s and SCDOT’s shared responsibility for maintaining safe roads under South Carolina law.
The “Widowmaker Tree” and Public Safety Failures
For years, residents of James Island have referred to a massive oak along Riverland Drive as the “Widowmaker Tree.” It stands dangerously close to the lane of travel and has been struck multiple times in past incidents. Despite this, neither the City of Charleston nor the Department of Transportation acted decisively to mitigate the hazard.
Community advocates and even local firms like Joye Law Firm and Steinberg Law Firm have raised awareness of similar roadway dangers through public outreach and personal injury verdicts in related cases. According to one attorney, Steven Goldberg, roadside maintenance is not just about aesthetics but about safety regulations that can prevent further tragedies.
The Hamiltons’ wrongful death lawsuit also references state-level reports by the South Carolina Department of Public Safety, which had identified Riverland Drive as a high-risk corridor. The plaintiffs argue that both city and state agencies ignored multiple warnings, violating their duty to uphold public safety measures.
Criminal Case Against Brittney Roper
Brittney Roper, the driver, was arrested two months after the crash and charged with four counts of felony DUI and reckless homicide. The Toxicology report and alcohol testing confirmed impairment. Authorities found an open liquor bottle in the vehicle and evidence of cannabis use.
Under South Carolina law, a driver can face up to 25 years per death for felony DUI resulting in death. The civil trial by jury for the wrongful death case may run parallel to Roper’s criminal proceedings. The Family of Victim maintains that while Roper’s actions were criminal, the government’s inaction created the conditions that made this tragedy inevitable.
Roadway Safety Concerns in Charleston County
Charleston County and nearby regions, including Georgetown County and Horry County, have seen an increase in traffic deaths in recent years. Data from the South Carolina Department of Public Safety shows a troubling fatality rate along roads lacking guardrails and construction signs.
Officials have attempted to promote initiatives such as the Pedestrian and Bicycle Safety Action Plan and Child Passenger Laws, aiming to lower risks along corridors like Septima P. Clark Parkway and Coming Street. However, critics argue that these safety regulations and company policies often come too late or lack enforcement.
Residents of James Island continue to call for road safety improvements, including better traffic signs, enhanced lighting, and reduced speed limits. The Widowmaker Tree remains a symbol of bureaucratic inaction for many who travel Riverland Drive daily.
Infrastructure Responsibility and Legal Accountability
The Hamilton family’s case may hinge on whether the City of Charleston and SC DOT had prior notice of the hazard and failed to act. Legal experts note that under South Carolina’s Tort Claims Act, government entities can be held liable if they act with gross negligence.
In other cases, plaintiffs have successfully used Event Data Recorder and driver logs evidence to prove systemic failures in trucking companies and auto insurance companies’ oversight of Negligent Commercial Vehicle Drivers. While this case does not involve a commercial carrier such as XPO Logistics or XPO Express, it raises similar issues of safety oversight and regulatory compliance.
Attorneys handling wrongful death cases often rely on medical expenses, forensic data, and driver’s phone records to reconstruct incidents. Experts also analyze black box data to determine speed, seat belt use, and crash dynamics.
Broader Impact on South Carolina Road Safety
The Riverland Drive tragedy has sparked renewed debate about road safety improvements statewide. South Carolina continues to record one of the nation’s highest fatality rates per mile driven. Advocates argue for stronger Federal Motor Carrier Safety Regulations compliance and local adoption of better safety measures, including:
- More visible construction signs and safety signage
- Strategic trimming or removal of roadside trees
- Improved pedestrian bridges and elevated crosswalks near neighborhoods
- Road audits by the Department of Transportation
Communities in Charleston County, James Island, and Folly Beach have joined calls for change. Nonprofits such as the Lowcountry crisis food pantry and winter warming shelter groups have even joined advocacy efforts to improve roadway lighting and install additional pedestrian bridges near residential zones.
Broader Legal and Community Implications
The Hamilton family’s wrongful death lawsuit is more than a quest for compensation it’s a demand for systemic accountability. Similar lawsuits, such as those filed in Mount Pleasant church and Isle of Palms crash cases, have pressured local governments to adopt stricter safety regulations.
While the City of Charleston maintains that it cannot comment on pending litigation, legal observers expect the civil trial by jury to explore how both municipal and state agencies handled prior complaints. The case could shape how future injury law and personal injury verdicts are determined under South Carolina jurisdiction.
The Hamiltons’ courage to pursue justice echoes past advocacy seen in cases involving Canadian family tourists and other victims on interstate 95 and Septima P. Clark Parkway. The outcomes could push SC DOT to implement more effective safety signage and clearer company policies for risk management.
Ongoing Advocacy and Future Prevention
After the 2023 crash, civic groups have demanded that Charleston city adopt modern road safety improvements inspired by national models. The Pedestrian and Bicycle Safety Action Plan emphasizes the need for enhanced traffic signs and guardrails. Residents near USS Yorktown and Nido R. Qubein School of Communication have even hosted forums discussing accident prevention, streaming videos from local experts on safety regulations and Hunting Laws related to roadside wildlife hazards.
Improving affordable housing near urban corridors, adding more construction signs, and ensuring proper roadway maintenance are also among the key recommendations. Each measure could help prevent tragedies like the Riverland Drive collision that killed four South Carolinians.
