South Carolina is not currently a hands-free state. Current laws primarily target texting while driving, prohibiting drivers from composing, sending, or reading text messages while operating a motor vehicle. However, simply holding a phone to talk, using GPS, or adjusting your playlist is still permitted.
Although South Carolina isn’t yet officially classified as a fully “hands-free” state, there have been continuous discussions among state legislators about strengthening these laws. On September 1, 2025, lawmakers will pass a bill to transition South Carolina into a fully hands-free state.
At Hunter | Everage, we have seen how devastating these collisions can be, and we know that the law must keep up with the technology drivers use every day. If you’re unsure about your rights, dealing with medical bills, or just want to understand what steps to take next, our experienced York car accident lawyer is ready to help.
Contact us today at 704-377-9157 to book your free consultation or get started online.
Current Cell Phone and Distracted Driving Laws in South Carolina
So, is SC a hands-free state? Surprisingly, South Carolina does not currently have a comprehensive hands-free law that prohibits drivers from holding and using a cell phone while operating a vehicle. The primary restriction in place is a ban on texting while driving.
Under state law, it is illegal to write, send, or read text messages while your vehicle is in motion.
This also includes emailing and sending other forms of text-based communication, like direct messages or social media posts.
Unfortunately, there are still plenty of things you can legally do with your phone while driving in South Carolina. You’re allowed to make and receive calls, you can also use GPS apps, look up directions, or interact with your phone if you’re stopped at a red light or legally parked. The law leaves room for these activities, even though they can still pose a distraction.
What Activities Are Restricted While Driving in SC?
Under South Carolina Code § 56-5-3890, the following activities are prohibited while operating a motor vehicle:
- Holding or Supporting a Mobile Electronic Device: Drivers cannot hold or support, with any part of the body, a mobile electronic device.
- Reading, Composing, or Transmitting Text-Based Communications: This includes text messages, emails, instant messages, or any similar forms of communication.
- Watching Videos or Engaging in Video Calls: Viewing motion content such as videos, movies, games, or video calls on a mobile electronic device is not allowed.
- Using Applications or Browsing the Internet: Interacting with applications or browsing websites on a mobile electronic device is prohibited.
Penalties for Using a Phone While Driving
In South Carolina, the penalties for using a phone while driving depend on the type of violation and any previous offenses.
Currently, texting while driving carries a $25 fine for a first offense and a $50 fine for any additional violations.
However, a new bill recently approved by the South Carolina House would make it illegal for drivers to hold or use a phone while operating a vehicle. If enacted, the law would impose a $100 fine for a first offense and a $200 fine plus two points on the driver’s license for repeat offenses.
According to the South Carolina Legislature, these points cannot be waived. Additionally, for the first six months after the law takes effect, law enforcement will only issue warnings.
Proposed Hands-Free Legislation and Its Status
The South Carolina Hands-Free and Distracted Driving Act has officially become law, following its passage in the House and Governor Henry McMaster’s signature. Under the new legislation, using any “mobile electronic device” while driving is prohibited.
The law will go into effect on September 1, 2025.
However, for the first 180 days after implementation, law enforcement will issue warnings rather than citations for violations.
What to Do if You’re Hit by a Distracted Driver in South Carolina
If you’ve been hit by someone who was texting, talking on the phone, or otherwise distracted, you have rights, and you may be entitled to compensation. Here is what you should do.
Call 911 Right Away
Even if the accident seems minor, always call the police. An official accident report can be crucial if you later need to prove the other driver was distracted. Let the officer know if you noticed the driver on their phone or acting inattentive before the crash.
Get Medical Attention (Even if Injuries Are Minor)
If you’re hurt, even just sore or shaken up, get checked out by a doctor immediately. Some injuries don’t show symptoms right away.
Document the Scene
If you can, take photos of the vehicles, the road, and anything else that could help tell the story of what happened. Were there skid marks? Was the other driver holding a phone? These little details can be big pieces of evidence later on.
Talk to Witnesses
If anyone saw the crash, ask for their name and contact information. A witness who saw the other driver texting or distracted can make a big difference in your case.
Contact an Experienced Car Accident Lawyer
Distracted driving accidents can be hard to prove on your own. A lawyer can help you gather evidence, request the other driver’s phone records, and make sure you’re not stuck with medical bills or lost wages that weren’t your fault.
Contact an Experienced York, SC Car Accident Lawyer
If you’ve been injured in a car accident caused by a distracted driver, contact a personal injury lawyer immediately. Proving distraction can be difficult, but an attorney can help uncover the evidence needed to hold the responsible party accountable.
At Hunter | Everage, we know that recovering after a car accident caused by a distracted driver can be incredibly difficult. It can be filled with unexpected symptoms, permanent changes to your life, and financial difficulties trying to afford to get the support you need.
This is why we help accident victims in York get the justice they deserve. Our team is here to support you every step of the way. Contact us at 704-377-9157 to schedule your free consultation.