In May 2025, the state passed the South Carolina Hands Free and Distracted Driving Act, which will go into effect on September 1, 2025. This law seeks to improve public safety by prohibiting cell phone use while driving. The new SC hands free law empowers the police to stop motorists who are observed using a hand-held electronic device, including a cell phone.
Contact McCravy, Newlon, Sturkie & Clardy today to speak with a Spartanburg car accident lawyer.
The new South Carolina hands free law may reduce distracted driving, but not eliminate it. If you were hurt by a distracted motorist, we can discuss whether to bring a legal claim in a free consultation.
SC Hands Free Law: What to Know
This new law amends the current law on using electronic devices while operating a vehicle on the road.
When driving on a public highway, you cannot:
- Hold or support a mobile electronic device, including a cell phone or GPS receiver. You cannot support the device with any part of your body. However, the law does not prohibit an earpiece or wrist device.
- Read, compose, or transmit any text, including emails, text messages, or website information, on a mobile device.
The law also prohibits watching any game, video, movie, or video call on your mobile device. The law does not apply when a person is lawfully stopped or parked.
What Is Allowed Under the South Carolina Cell Phone Law?
Under the hands free law, motorists may continue to make and receive phone calls provided they are not holding the device. You might have a voice-activated phone mounted on the dashboard, which you can use to call. The law specifically says motorists may use a mobile device to initiate or end a cell call so long as they do not need to type and do not hold or otherwise support the device.
However, the law prohibits sending or reading a text message while driving, even on a hands-free device. You also cannot watch a video or participate in a video call with a hands-free device.
Exceptions to the Rule
The law seeks to balance public safety with the necessity of making some calls. For that reason, the law carves out certain exceptions.
For example, you can make a call to report an emergency or accident to the police or other public safety officials. That means if you see a car on fire, you can use a phone to call, even using your hands, if necessary.
The law also exempts first responders and certain other people who receive data or calls as part of their job duties. If you have questions about how this law will impact your job, then speak to your boss.
Penalties for a Violation
If a motorist is caught violating the law, then they will be convicted of distracted driving and will receive:
- A $100 fine for a first offense
- A $200 fine for a second offense (within a three-year period)
No part of the fine may be suspended. A second distracted driving offense will also result in two points being added to your driving record.
However, the law prohibits the police from making a custodial arrest simply for violating this hands free law. The only exception is if you have an outstanding bench warrant.
Were You Injured by a Distracted Driver?
At McCravy, Newlon, Sturkie & Clardy, we represent accident victims as they seek financial compensation following a wreck. The new South Carolina cell phone law can impact your ability to receive compensation.
For example, if a driver is cited under this provision, then we have strong proof that they were distracted while out on the road. That would mean an injured victim can seek financial compensation for car damage, medical care, income loss, and other economic damages. We can also seek compensation for pain and suffering.
Distracted driving is a type of negligence, so a distracted driver is liable for compensation if they injure you. Let us review the facts to determine if the other driver was distracted. Some useful evidence includes cell phone records or data, which can show when the driver was on the phone.
Many motorists will deny they were talking on a device, but the records might show otherwise.
We might even bring an accident claim if the driver was complying with the hands free law. For example, they could admit they were staring at a hands-free phone, trying to find a phone number, while behind the wheel. That type of action is still negligent, even if they were not breaking the law.
Comparative Negligence & the Hands-Free Law
All motorists must comply with the new law. Consequently, the other driver might question whether you were texting or holding a phone in your hand in the lead-up to the crash. Just as we can demand access to the other driver’s phone records, they can ask to see yours.
When our clients are negligent, their settlement is usually reduced. In some cases, they might not receive any compensation when they are mostly at fault.
Be honest with your lawyer about whether you were talking or texting in the seconds before the crash. Your lawyer can strategize for how to minimize the effect of this information. The last thing you should do is fail to tell your lawyer, who is blindsided when they see your cell phone records.
Contact a Spartanburg Car Accident Lawyer
Distracted driving claims thousands of lives each year and is responsible for many more accidents around the country. Call our office if you were injured in a collision in the 29301 zip code. There is no excuse for talking on the phone or texting while out on the road. Our firm will track down useful information and use it as part of an injury claim. We have won many settlements for people hurt in all kinds of wrecks, including those caused by distracted drivers. Call our office to schedule a free consultation.