South Carolina’s Hands-Free and Distracted Driving Act officially went into effect on September 1, 2025, and it changed more than just the rules of the road. It also changed the legal landscape for car accident victims across Charleston, Columbia, Summerville, and beyond.
Most people know the law means you can’t hold your phone while driving. But far fewer understand what it means if a driver who was holding their phone crashes into you. If you’ve been injured in a wreck caused by a distracted driver, this law may be one of the most powerful tools in your corner, and you need an experienced attorney who knows how to use it.
Founding partners at The Thumbs Up Guys, Brandon Dawson and Jeffrey Ward, have been fighting for accident victims in South Carolina for years. They break down exactly how this law affects your case in the video below.
What the SC Hands-Free Law Actually Changed
Before September 2025, South Carolina law prohibited texting and driving, but the rules left significant gray areas that made it difficult to prove a driver was on their phone. The new Hands-Free and Distracted Driving Act closed those loopholes.
Under the current law, it is now illegal for any driver to:
- Hold or physically support a phone or mobile device with any part of their body while driving
- Write, read, or send text messages or emails
- Scroll through apps, social media, or websites
- Watch videos or participate in video calls behind the wheel
The law applies whether the vehicle is moving or temporarily stopped in traffic. That last point surprises many people. You cannot hold your phone at a red light.
Hands-free use is still allowed, including Bluetooth calls, voice commands, wrist-worn devices, and earpieces. But the moment a driver picks up that phone and holds it in their hand, they are breaking the law.
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How a Violation Can Strengthen Your Car Accident Claim
Here’s where this law becomes critically important for injured victims: a driver who violates the Hands-Free Law has committed an act of negligence per se.
In South Carolina, negligence per se means that when someone breaks a law designed to protect the public from a specific type of harm, their violation of that law can be used as direct evidence of negligence in a civil injury claim. You do not have to prove that a reasonable person would have acted differently, the law already defines what was required of that driver, and they failed to meet it.
What this means in practice:
- If the at-fault driver was cited for a Hands-Free Law violation at the scene of your crash, that citation is evidence of their negligence.
- Phone records subpoenaed during litigation can show whether a driver was actively using their device at the time of the collision.
- Traffic cameras, dashcam footage, and eyewitness accounts can all be used to establish that the driver was holding a phone.
- In some cases, the driver’s own admission, made at the scene or to law enforcement, can be used to document the distraction.
The stronger the evidence of a Hands-Free violation, the stronger your overall claim for compensation. This is why acting quickly after an accident matters so much. Evidence disappears. Witnesses’ memories fade. Call records can be harder to obtain the longer you wait.
The Evidence You Need and How to Get It
One of the most important things we tell our clients after an accident involving a distracted driver is this: the evidence that proves your case starts disappearing the moment the crash happens. Here’s what matters most and why:
Cell Phone Records
When a lawsuit is filed, your attorney can issue subpoenas for the at-fault driver’s phone records. These records can show whether they were on a call, sending a text, or using an app at the exact time of the crash. This is some of the most compelling evidence available in distracted driving cases, and it is only obtainable through proper legal channels.
Traffic Camera and Dashcam Footage
Charleston, North Charleston, and surrounding areas have growing networks of traffic cameras. In addition, many drivers now have dashcams installed in their vehicles. If there is footage of the crash, it needs to be preserved immediately, before it is overwritten or destroyed.
Police Reports
Always call 911 after a crash, even if the accident seems minor. A police report documents the scene, records what both drivers said, and may note whether the officer observed evidence of phone use. Officers can also cite drivers at the scene for Hands-Free Law violations.
Witness Statements
If anyone saw the driver on their phone before the crash, that testimony can be pivotal. Get names and contact information from any witnesses before leaving the scene.
Your Own Documentation
Take photos and video of both vehicles, the road conditions, your injuries, and any debris. Document everything as soon as it is safe to do so.
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What Insurance Companies Will Try to Do
Insurance companies are businesses. Their goal is to pay out as little as possible on every claim. When a distracted driving crash involves a Hands-Free Law violation, insurers often take one or more of these approaches:
Minimize the violation. They may argue that a brief glance at a phone wasn’t the real cause of the crash, or that there isn’t enough proof the driver was actually holding their device.
Shift blame to you. South Carolina follows a modified comparative fault rule, meaning your compensation can be reduced by your own percentage of fault, and eliminated entirely if you are found to be more than 50% at fault. Insurers know this, and they will look for any way to pin partial responsibility on you.
Offer a quick, low settlement. Shortly after a crash, before you’ve had time to understand the full extent of your injuries or consult an attorney, an adjuster may contact you with a settlement offer. These early offers are almost always far below what your case is actually worth.
Delay, delay, delay. The longer a claim drags on, the more pressure injured victims feel to accept less. Insurers count on this.
Having an experienced South Carolina car accident attorney by your side from the beginning of this process makes an enormous difference. Our team knows these tactics, and we know how to counter them.
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Damages You May Be Entitled to Recover
When a distracted driver causes a crash that injures you, South Carolina law allows you to seek compensation for the full impact of their negligence on your life. Depending on the facts of your case, recoverable damages may include:
- Medical expenses: Emergency care, surgeries, hospitalizations, physical therapy, prescription medications, and future medical costs
- Lost wages: Income lost while you were unable to work during your recovery
- Loss of earning capacity: If your injuries affect your ability to work long-term
- Pain and suffering: Physical pain, emotional distress, and the overall impact on your quality of life
- Property damage: The cost to repair or replace your vehicle
- Punitive damages: In cases where the at-fault driver’s behavior was especially egregious, South Carolina law may allow for additional damages designed to punish the conduct and deter future wrongdoing
Every case is different. The value of your claim depends on the severity of your injuries, the strength of the evidence, and how effectively your attorney advocates on your behalf. That’s why the attorneys you choose matter.
Frequently Asked Questions: SC Hands-Free Law and Car Accident Claims
What is South Carolina’s Hands-Free Law? South Carolina’s Hands-Free and Distracted Driving Act took effect on September 1, 2025. It prohibits drivers from holding or physically supporting a phone or mobile device with any part of their body while driving, including when stopped at a red light. Drivers may still use Bluetooth, voice commands, earpieces, or wrist-worn devices.
What does negligence per se mean in a South Carolina car accident case? Negligence per se is a legal doctrine that allows a violation of a safety law to serve as direct evidence of negligence in a civil claim. In South Carolina, if a driver violated the Hands-Free Law and caused your accident, you do not have to separately prove they acted unreasonably, the law already defined what they were required to do, and their violation establishes negligence.
Can a Hands-Free Law citation help my injury claim? Yes. If the at-fault driver was cited for a Hands-Free Law violation at the scene, that citation is direct evidence of negligence in your personal injury case. Combined with phone records, dashcam footage, traffic camera footage, or witness statements, a citation can significantly strengthen your claim and your ability to recover full compensation.
How do I prove a driver was on their phone at the time of my crash? Several types of evidence can establish phone use at the time of a collision. Cell phone records subpoenaed through litigation can show whether the driver was on a call, texting, or using an app at the exact moment of impact. Traffic cameras, dashcam footage, eyewitness testimony, police reports, and the driver’s own statements at the scene can all serve as supporting evidence.
How long do I have to file a car accident claim in South Carolina? In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, waiting significantly reduces your ability to preserve critical evidence like phone records, camera footage, and witness accounts. The sooner you contact an attorney, the stronger your case is likely to be.
What compensation can I recover if a distracted driver injured me? You may be entitled to recover medical expenses, lost wages, loss of future earning capacity, pain and suffering, property damage, and in cases involving especially reckless behavior, punitive damages. The value of your claim depends on the severity of your injuries, the strength of the available evidence, and the quality of your legal representation.
What if the insurance company says the phone use didn’t cause my accident? This is a common insurance defense tactic. Insurers may argue that a brief glance at a phone was not the proximate cause of the crash or that there is insufficient proof the driver was holding their device. An experienced South Carolina car accident attorney can counter these arguments by building a thorough evidence record and demonstrating the direct connection between the Hands-Free violation and your injuries.
Does South Carolina’s comparative fault rule affect my distracted driving claim? Yes. South Carolina follows a modified comparative fault rule. If you are found to be more than 50% at fault for the accident, you cannot recover compensation. If you are partially at fault but below 50%, your recovery is reduced by your percentage of fault. Insurance companies routinely try to shift blame onto injured victims for this reason, which is why having an attorney who can protect your interests is critical.
If You Were Injured by a Driver Violating the Hands-Free Law, Call Us Today
South Carolina’s Hands-Free Law was passed to protect people. If a driver broke that law and you or someone you love paid the price, you deserve an attorney who will fight to hold them fully accountable.
At The Thumbs Up Guys, we handle every step of the process so you can focus on healing. We work on a contingency fee basis, which means you pay nothing unless we win your case.
Don’t wait. Evidence fades. Deadlines approach. The sooner you call, the sooner the Thumbs Up Guys can start fighting for every dollar you deserve. Contact us today for a free case review.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
