On September 1, 2025, South Carolina enacted the South Carolina Hands-Free and Distracted Driving Act, a crucial step toward reducing the alarming number of distracted driving accidents across the Palmetto State. As an experienced personal injury lawyer in the Upstate of South Carolina, I've represented countless victims of distracted driving crashes in Greenville, Spartanburg, Anderson, and surrounding areas.
If you've been injured in a distracted driving accident, understanding this new law could significantly impact your personal injury claim.
What Does South Carolina's Hands-Free Law Prohibit?![texting and driving]()
Banned Activities While Driving
Under the new South Carolina distracted driving law, drivers are strictly prohibited from:
- Holding any mobile device with any part of their body (hands, lap, shoulder, etc.)
- Reading, writing, or sending texts, emails, or messages while operating a vehicle
- Watching videos, playing games, or viewing motion content on any mobile device
- Manual interaction with phones, tablets, or similar devices while driving
Legal Exceptions to the Hands-Free Rule
You may still legally:
- Use voice-activated or hands-free technology (Bluetooth, earpieces, smartwatches)
- Listen to audio content or GPS navigation (device must be mounted, not held)
- Use your device during emergencies to report accidents or hazards
- Operate devices when lawfully parked or stopped
- Use devices if you're a first responder on duty
Why Upstate South Carolina Needs This Distracted Driving Law
Alarming Statistics on Distracted Driving in South Carolina
As a car accident attorney in Greenville, SC, I see the devastating consequences of distracted driving daily:
- Over 20,000 crashes annually in South Carolina involve driver inattentiveness
- Distracted driving is a leading cause of serious injuries and fatalities on Upstate roads
- I-85, I-26, and local highways in Greenville, Spartanburg, and Anderson see frequent distracted driving accidents
The Three Types of Dangerous Distractions
Every distracted driving accident lawyer knows these three categories:
- Visual Distraction: Taking eyes off the road
- Manual Distraction: Removing hands from the steering wheel
- Cognitive Distraction: Mental focus away from driving
Even hands-free phone conversations can significantly impair reaction times—a critical factor in determining fault in personal injury cases.
Penalties and Enforcement Timeline for SC Hands-Free Law
Grace Period: September 1, 2025 - February 28, 2026
- Warnings only during this 180-day adjustment period
- Law enforcement will educate drivers about new requirements
- No fines will be issued during grace period
Full Enforcement Begins March 1, 2026
- First offense: $100 fine
- Second offense (within 3 years): $200 fine + 2 points on driving record
- Commercial drivers: Violations can trigger 60-day CDL disqualification
How the Hands-Free Law Affects Personal Injury Claims in Upstate SC
Strengthened Evidence for Distracted Driving Cases
As your personal injury attorney in the Upstate, this new law provides several advantages for accident victims:
- Clear legal standard for proving driver negligence
- Enhanced police reporting of distracted driving violations
- Stronger foundation for establishing fault in car accident claims
- Increased insurance scrutiny of cell phone use during crashes
What to Do If You're Hit by a Distracted Driver
If you've been injured in a distracted driving accident in Greenville, Spartanburg, or Anderson County:
- Call 911 immediately and request police response
- Document the scene with photos and witness information
- Seek medical attention even for seemingly minor injuries
- Preserve evidence of the other driver's phone use
- Contact an experienced personal injury lawyer before speaking with insurance companies
