The urge to check your phone while driving has created a public safety crisis on South Carolina roads — with devastating consequences for countless drivers. According to the South Carolina Department of Public Safety (SCDPS), in more than 20,000 traffic collisions on South Carolina roads each year, distracted driving is noted as a top contributing factor. The legal implications and the very real dangers of this behavior are things that drivers should be aware of.
The New South Carolina Hands-Free and Distracted Driving Act
In South Carolina, it has been unlawful to use a cell phone or other wireless communication device to text while driving; however, effective September 1, 2025, the law will change. The new Hands-Free and Distracted Driving Act prohibits drivers in South Carolina from:
- Holding or supporting a mobile electronic device with any part of their body.
- Using a mobile electronic device to compose, transmit, or read electronic communications, applications, and information such as texts, emails, website data, and apps.
- Viewing motion, such as videos, movies, games, or video calls, on a mobile electronic device.
The South Carolina Hands-Free and Distracted Driving Act provides exceptions to these bans for drivers who are:
- Lawfully stopped or parked.
- Using a mobile device in a hands-free or voice-activated mode (including using an earpiece or wrist-worn device in a voice-based mode).
- Using a mobile device for audio content, such as navigation, music, and podcasts, without holding the device.
- Using a mobile device to report a traffic collision, hazardous conditions, or medical emergencies.
- First responders, such as law enforcement, firefighters, or emergency medical personnel, performing their official duties.
In addition to being dangerous, violations of the new South Carolina Hands-Free and Distracted Driving Act will subject drivers to penalties including fines and points on their driving record. During the first 180 days after the law goes into effect on September 1, 2025, law enforcement may only issue warnings for violations of the law. After 180 days, violators are subject to a $100 fine for their first offense and a $200 fine and two points on their driving records for second and subsequent offenses. For more information, the South Carolina Hands-Free and Distracted Driving Bill can be read online at https://www.scstatehouse.gov/sess126_2025-2026/bills/3276.htm.
Stay Safe on South Carolina Roads—Practical Tips to Avoid Distracted Driving
No call, text message, or other mobile device use is worth risking lives or bodily injury. Consider implementing these practical strategies today:
- Use technology wisely: Enable “Do Not Disturb While Driving” mode on your mobile device to automatically silence notifications when your vehicle is in motion.
- Prepare before you drive: Set up your GPS, select your music, adjust your climate controls, and make any necessary calls before putting your car in gear.
- Secure your mobile device: Place it somewhere out of reach, such as the glove compartment or backseat, to remove the temptation to check it.
- Communicate your status: Let friends, family, and colleagues know when you’re driving and that you’ll respond when you’ve reached your destination.
- Designate a “mobile device operator”: If you have passengers, let them handle communication, navigation, and other mobile device duties.
- Use voice commands: If you must make a call or respond to a message, use hands-free voice commands when your vehicle is properly equipped.
- Pull over safely: If you must use your mobile device, find a safe location to pull over completely and park before doing so.
Creating these habits requires discipline, but remembering the potential consequences of distracted driving can provide powerful motivation. Distracted driving is dangerous driving—stay hands-free and stay safe on South Carolina’s roads.
What to Do If You’re Hit by a Distracted Driver in South Carolina
Unfortunately, even if you avoid using your phone while driving, you can still become a victim of someone else’s distracted driving. Knowing what steps to take following an accident can protect your health and legal rights.
If you’re involved in an accident with a driver you suspect was using their phone while driving, follow these important steps:
- Ensure safety first: Check for injuries and move to a safe location if possible.
- Call law enforcement: Report the accident and ensure an official police report is filed.
- Document everything: Take photos of the accident scene, vehicle damage, visible injuries, and any evidence of distraction.
- Gather witness information: Collect contact details from witnesses who may have observed the driver using their phone.
- Seek medical attention: Even if you don’t think you’re seriously injured, some injuries become apparent days later.
- Document your medical treatment: Keep records of all medical care, diagnoses, and expenses.
- Avoid discussing fault: Do not make statements admitting fault or minimizing your injuries.
- Contact your insurance company: Report the accident promptly, but stick to the facts.
- Preserve evidence: Don’t repair your vehicle until it has been properly documented.
Note that South Carolina has a three-year statute of limitations for most personal injury claims against non-governmental defendants, meaning you must take legal action within this timeframe to preserve your right to compensation. However, it’s best to begin the process as soon as possible while the evidence is fresh and the witnesses’ memories are clear.
To secure maximum compensation for an injury caused by a distracted driver, it’s best to have knowledgeable legal representation familiar with South Carolina’s laws about using your phone while driving. At The Clardy Law Firm, we have helped numerous victims of distracted driving accidents throughout Upstate South Carolina.
Here’s how our team of personal injury lawyers can assist you:
- Thorough investigation: Gathering evidence of distraction, including cell phone records, witness statements, and surveillance footage.
- Establishing liability: Building a strong case that proves the other driver was using their phone while driving.
- Calculating full damages: Accounting for all current and future expenses, including medical bills, lost wages, and pain and suffering.
Our car accident attorneys are accessible whenever clients need to talk. We offer multiple communication options, including office visits, phone calls, texts, emails, and even home visits for those unable to travel due to injuries. Contact us at 864-233-8888 or complete our form for a free case evaluation today.
