South Carolina Hands Free Driving Law

 

 

South Carolina Hands Free Driving Law

A new South Carolina hands free driving law has gone into effect. The hands-free driving law means drivers can be fined and face other penalties if they are caught using their phone or another mobile device while driving.

Let’s take a closer look at the new South Carolina hands free driving law and what it means for motorists throughout South Carolina. We’ll also consider why it’s so dangerous to use smartphones behind the wheel, and what legal options are available if you are hit by a distracted driver. If you were hurt in a serious crash, contact our Charleston personal injury law firm for a free consultation. You can also request a free case review by phone at (843) 633-3360.

About South Carolina Hands Free Driving Law

South Carolina’s new hands-free driving law went into effect on September 1, 2025. This new law prohibits the following actions while a driver is behind the wheel:

  • Holding or supporting a mobile device with any part of the body (this does not include the use of an earpiece or a smartwatch)
  • Using a mobile device to read, text, look up directions, or use apps
  • Watching a video or movie on a mobile device
  • Playing a game on a mobile device
  • Making a video call on a mobile device

Exceptions to the Hands-Free Driving Law

South Carolina’s hands-free driving law does not apply in the following situations:

  • The driver is using a device in hands-free or voice-activated mode
  • The vehicle is parked or lawfully stopped
  • The device is used for navigation or audio, but it is not being held by the driver
  • The driver is reporting a traffic collision, adverse road condition, or medical emergency
  • The driver is part of law enforcement or a first responder

Penalties for Using a Phone Behind the Wheel

Penalties for violation of South Carolina’s new hands-free driving law are as follows:

  • First Offense Violation: Fine of $100.
  • Second Offense and Subsequent Violations: Fine of $200 and two points on your driving record.

Additional Considerations for Commercial Drivers in South Carolina

For those who hold a commercial driver’s license (CDL), violations of the hands-free driving law are considered serious offenses.

If someone with a CDL gets two violations within a three-year period, their professional license may be disqualified for 60 days by the South Carolina Department of Motor Vehicles.

Initial 180-Day Warning Period

South Carolina law enforcement will only issue warnings for the first 180 days of the law being in effect. After that initial 180-day period, law enforcement will then issue tickets and points for violation of the hands-free driving law.

The Goal of South Carolina’s Hand-Free Driving Law

As reported by WCSC Live 5 News, the new law was sponsored by South Carolina House Rep. Bill Taylor. During a 2017 cross-country motorcycle road trip, Taylor saw how many drivers used their phones while they were driving. When drivers are distracted, it can lead to serious motorcycle collisions, car wrecks, and accidents involving pedestrians and bicyclists.

Live 5 News interviewed Isle of Palms Police Chief Kevin Cornett, who nicely summed up the common-sense goal of the law: “It’s about creating a safer environment for everyone on the road.”

How Common Is Distracted Driving?

Distracted driving is probably more common than you think.

A 2023 survey from the AAA Foundation for Traffic Safety found that 37% of respondents admitted to reading a text or email while driving; 27% of respondents admitted to sending or writing a text or email while driving.

Despite these admissions, 93% of AAA survey respondents admitted that these kinds of behaviors are extremely dangerous.

Just How Dangerous Is Distracted Driving?

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving resulted in 3,275 deaths in 2023.

Now, distracted driving covers a wide range of actions that divert attention from the road or cause drivers to take their hands off the wheel. Texting while driving is one of the most pervasive forms of distraction today because of how dependent we are on our mobile devices.

Here’s another way to think about using a phone behind the wheel that may put the risks into perspective.

When someone texts while driving, they tend to take their eyes off the road for about five seconds at a time. When traveling at highway speeds, a vehicle travels the length of a football field in about five seconds. A lot of terrible things can happen in that time and that distance.

The Lasting Effects of Texting-While-Driving Accidents

The NHTSA numbers highlight the risk of fatal crashes when people use their phones behind the wheel. If someone in a crash survives the accident, they may still suffer catastrophic injuries that cause long-term or permanent disabilities.

Examples of these serious and debilitating injuries include:

If you sustain a serious injury in a crash caused by a distracted driver, you may need to take extended leave from work, resulting in lost wages. These kinds of injuries may prevent someone from continuing in their current line of work, which will require them to pursue a new career if they are still capable of earning a livelihood.

Beyond the lost earnings related to these injuries, a serious action can have lasting effects on a person’s mental health, overall quality of life, and the dynamics of their household.

What This New Law Means for Distracted Driving Accident Cases

The new hands-free driving law highlights the dangers of mobile devices on the road. The law explicitly holds people accountable for endangering the lives of other motorists as well as cyclists and pedestrians throughout South Carolina.

Evidence of mobile device use at the time of a collision can be used to establish negligence and liability for the auto accident.

Potential Damages in a Distracted Driving Lawsuit

When seeking damages in a distracted driver lawsuit, Joe Cunningham Law can help you seek compensation for economic and non-economic losses.

Economic damages in a car accident case include the following quantifiable losses:

  • Hospitalization and emergency care
  • The cost of rehabilitation and ongoing medical treatment
  • The cost of assistive devices and occupational therapy
  • Lost income and loss of future earning potential
  • Home renovations to accommodate a disability

Non-economic damages in a car accident case include these unquantifiable losses that nonetheless impact a person’s life:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of old activities and hobbies
  • Diminished quality of life

When you discuss your accident with the team at Joe Cunningham Law, we can review your injuries and the lasting effects they’ve had on your finances, your household, and your future. We’re ready to listen and to be your advocates.

Joe Cunningham Law Can Answer Any Question On The New South Carolina Hands Free Driving Law

If you or someone you care about has been seriously injured by a distracted driver, you can count on Joe Cunningham and his team for help. For a free consultation with our hands free driving attorney you can trust, contact our Charleston law firm today. You can also request a free case review over the phone by calling (843) 633-3360.