South Carolina’s Hands-Free and Distracted Driving Law: What Drivers Need to Know in 2026

South Carolina’s Hands-Free and Distracted Driving Law

South Carolina’s Hands-Free and Distracted Driving Law: What Drivers Need to Know in 2026

Distracted driving has become one of the leading causes of serious car accidents across South Carolina. From checking a quick text to scrolling social media at a red light, even a moment of inattention can lead to devastating consequences. To address this growing safety issue, South Carolina enacted a Hands-Free and Distracted Driving Law, officially taking effect on September 1, 2025, with full enforcement beginning February 28, 2026.

If you drive anywhere in South Carolina—especially in high-traffic areas like Charleston and the surrounding Lowcountry—this law directly affects you. Understanding how it works, what’s prohibited, and how violations could impact you after a crash is critical. As a trusted South Carolina car accident lawyer, Joe Cunningham Law is committed to helping drivers stay informed and protected.

Below, we break down everything you need to know about South Carolina’s Hands-Free Law, how it may affect car accident claims, and what to do if you’re injured by a distracted driver.

What Is South Carolina’s Hands-Free and Distracted Driving Law?

South Carolina’s Hands-Free and Distracted Driving Law was created to reduce crashes caused by drivers using mobile phones and digital devices behind the wheel. The law prohibits drivers from holding or supporting a mobile phone or other electronic device while operating a motor vehicle.

This includes activities such as:

  • Holding a phone to talk

  • Texting or emailing

  • Scrolling social media

  • Watching videos

  • Using apps while physically holding the device

The goal is simple: keep drivers’ hands on the wheel and eyes on the road.

When Did the Law Take Effect?

  • September 1, 2025: The law officially went into effect statewide.

  • September 1, 2025 – February 27, 2026: A 180-day grace period during which law enforcement could only issue warnings.

  • February 28, 2026: Full enforcement begins, and citations can now be issued.

As of February 28, 2026, drivers across South Carolina—including Charleston, Mount Pleasant, North Charleston, Summerville, and surrounding areas—can be fined for violations.

What Is Considered Illegal Under the Hands-Free Law?

Under the law, drivers may not hold or support a mobile phone or digital device with any part of their body while driving. This includes holding a phone in your hand, resting it on your lap, or wedging it between your shoulder and ear.

Prohibited actions include:

  • Texting or typing while holding your phone

  • Holding your phone while talking

  • Watching videos or livestreams

  • Browsing the internet or social media

What is allowed?

  • Using hands-free technology (Bluetooth, dashboard mounts, voice commands)

  • Making emergency calls

  • Using GPS navigation when the device is mounted

  • Touching a device briefly to activate hands-free mode

If you must manually interact with your phone, the safest—and legal—option is to pull over and stop the vehicle.

Penalties for Violating the Hands-Free Law

Once citations begin on February 28, 2026, penalties increase with repeat offenses.

Fines and consequences:

  • First offense: $100 fine

  • Second or subsequent offense (within 3 years):

    • $200 fine

    • Two points added to your driving record

Accumulating points on your license can lead to higher insurance premiums, potential license suspension, and increased scrutiny after a crash.

Why This Law Matters for Car Accident Claims

From a legal perspective, the Hands-Free Law has major implications for car accident cases. If a driver violates this law and causes a crash, that violation may be used as evidence of negligence.

As a South Carolina car accident lawyer, Joe Cunningham understands how distracted driving violations can strengthen an injury claim.

Distracted driving and negligence

To succeed in a personal injury claim, you must generally prove that:

  1. The other driver owed you a duty of care

  2. They breached that duty

  3. The breach caused your injuries

  4. You suffered damages

Using a phone illegally while driving can help establish that breach of duty—especially if police reports, citations, or phone records confirm the behavior.

How the Hands-Free Law Protects Injury Victims

For victims injured by distracted drivers, this law creates clearer accountability. If a driver was holding or using a phone illegally at the time of a crash, that fact can:

  • Support your injury claim

  • Increase leverage in settlement negotiations

  • Strengthen your case at trial

Insurance companies often try to minimize payouts by arguing that a crash was unavoidable or that fault is unclear. A Hands-Free Law violation can eliminate that ambiguity.

Common Injuries Caused by Distracted Driving Accidents

Distracted driving crashes often occur at high speeds or intersections, leading to severe injuries such as:

  • Traumatic brain injuries (TBIs)

  • Spinal cord and back injuries

  • Broken bones

  • Internal organ damage

  • Whiplash and soft tissue injuries

  • Wrongful death

If you or a loved one has suffered injuries due to a distracted driver, speaking with an experienced South Carolina car accident lawyer as soon as possible is essential.

What to Do If You’re Hit by a Distracted Driver in South Carolina

If you suspect the other driver was using their phone illegally, take the following steps:

  1. Call 911 immediately and report the accident

  2. Request medical attention, even if injuries seem minor

  3. Tell responding officers if you believe the driver was distracted

  4. Document the scene with photos and videos if safe to do so

  5. Gather witness information

  6. Do not speak with insurance companies alone

  7. Contact a South Carolina car accident lawyer

Early legal involvement helps preserve evidence such as phone usage records, traffic camera footage, and witness statements.

Can You Be Partially at Fault?

South Carolina follows a modified comparative negligence rule. This means you can recover damages as long as you are less than 51% at fault, but your compensation may be reduced by your percentage of fault.

For example, if you were slightly speeding but the other driver was illegally using their phone, fault may still primarily rest with the distracted driver. An experienced attorney can help protect you from unfair blame.

Why Choose Joe Cunningham Law?

At Joe Cunningham Law, we understand how quickly a car accident can turn your life upside down. Medical bills, lost income, and ongoing pain can feel overwhelming—especially when the crash was entirely preventable.

As a trusted South Carolina car accident lawyer, Joe Cunningham and his team:

  • Investigate distracted driving claims thoroughly

  • Hold negligent drivers accountable

  • Handle insurance companies so you don’t have to

  • Fight for full and fair compensation

  • Keep you informed every step of the way

We proudly represent clients throughout Charleston and across South Carolina.

Final Thoughts: Stay Safe and Stay Informed

South Carolina’s Hands-Free and Distracted Driving Law represents a major step toward safer roads. With full enforcement beginning on February 28, 2026, drivers must take responsibility for eliminating distractions behind the wheel.

If you’ve been injured by a distracted driver—or if you have questions about how this law affects your rights—don’t wait. Speaking with a knowledgeable South Carolina car accident lawyer can make all the difference in protecting your future.

Contact Joe Cunningham Law today for a free consultation and let us help you move forward with confidence.