Starting September 1, 2025, South Carolina drivers will not be allowed to hold a phone for any reason while driving. The new Hands-Free and Distracted Driving Act will impact every driver in Columbia, Charleston, Greenville, Orangeburg, Lexington, the Pee Dee, and across the state.
As a South Carolina personal injury law firm representing car accident victims, we celebrate this step towards making roads in South Carolina safer to travel. We want you to know exactly what this law means, why it matters, and how it affects your rights if you’ve been injured by a distracted driver. Our attorney, Jess Gooding, has reviewed and studied the new law to help our clients and community understand everything they need to know.
The Push for Safer Roads in South Carolina
For years, South Carolina had some of the weakest distracted-driving laws in the nation. Texting while driving was technically banned, but drivers could still hold their phones for calls, social media, and other uses.
That gap cost lives. Distracted driving has consistently ranked among the top causes of serious accidents in South Carolina—including deadly crashes on I-26, I-20, and I-85. In fact, it is estimated that distracted driving is a top contributing factor in over 20,000 South Carolina collisions every year. In 2019, South Carolina had the highest traffic collision fatality rate per vehicle miles driven nationwide, in part due to distracted driving.
After eight years of debate, lawmakers finally passed House Bill 3276 in 2025. Governor Henry McMaster signed the law in July, and it will take effect September 1, 2025.
What the New Hands-Free Law Says
🚫 What Drivers Cannot Do
- Hold or support a cell phone, tablet, or any electronic device while driving – this includes having a phone in your lap.
- Text, email, scroll social media, or browse the web while the car is moving.
- Type or input information into any application.
- Watch videos, make video calls, or play games behind the wheel.
✅ What Drivers Can Do
- Use hands-free technology such as Bluetooth, speakerphone, or mounted devices.
- Use navigation apps if the phone is secured in a mount and controlled by voice.
- Call 911 or report an emergency.
- First responders may use devices as part of their official duties.
⚖️ Penalties and Enforcement
- Grace Period: From September 1, 2025 through February 2026, officers will only issue warnings.
- After February 2026:
- First offense: $100 fine.
- Second offense: $200 fine plus 2 points on your license.
- CDL drivers: Two convictions in three years = 60-day license disqualification.
This means distracted driving isn’t just dangerous—it’s now clearly against the law.
How This Law Helps Victims of Distracted Drivers
If you are involved in a motor vehicle collision where you are hit by a distracted driver, this law will make your case stronger. Here’s why:
- Clear Negligence – Holding a phone while driving is now illegal. If the other driver was caught doing this, it helps prove fault in your claim.
- Stronger Insurance Claims – Insurance companies can no longer argue that phone use was a “gray area.” Violating the Hands-Free Act is a traffic offense, plain and simple.
- Prevention of Future Accidents – Studies in other states show that hands-free laws reduce distracted-driving crashes and fatalities. That means fewer families will suffer life-changing injuries.
Why Distracted Driving is So Dangerous
Distracted driving comes in three forms:
- Visual – Eyes off the road.
- Manual – Hands off the wheel.
- Cognitive – Mind off driving.
Texting while driving combines all three. At 55 mph, looking at your phone for just five seconds means you’ve traveled the length of a football field—without watching the road.
That’s why so many accidents caused by distracted drivers result in rear-end collisions, T-bone crashes, and pedestrian injuries—often with devastating consequences.
What to Do if You’ve Been Injured by a Distracted Driver in South Carolina
If you or a loved one has been hit by a distracted driver, you may be entitled to compensation for:
- Hospital and medical bills
- Physical therapy and ongoing care
- Lost wages and future earning ability
- Pain and suffering
- Property damage
Our firm has represented car accident victims across South Carolina, including in Columbia, Lexington, Sumter, and Orangeburg. We know how to prove distracted driving caused the crash and how to fight the insurance companies for the compensation you deserve.
Your Next Step
South Carolina’s Hands-Free and Distracted Driving Act is more than just a traffic law—it’s a lifeline for victims and families who have suffered because of careless drivers.
If you’ve been injured by a distracted driver in Columbia, Lexington, Sumter, Orangeburg, Charleston, or anywhere in South Carolina, we’re here to help.
👉 Call our office today for a free consultation. We’ll fight to hold negligent drivers accountable and get you the justice and compensation you deserve.
