Update 4/15/2025
South Carolina is officially moving closer to becoming a hands-free state, and it could mean big changes for drivers across the Palmetto State. On April 9, 2025, the South Carolina House of Representatives passed a bill that would make it illegal for drivers to physically hold or use a cellphone while behind the wheel. That includes talking, texting, scrolling, or even glancing at your GPS if you’re holding the phone. Instead, drivers would be required to use hands-free technology like Bluetooth, voice commands, or dashboard mounts if they need to use their devices on the road. The goal? Cut down on the growing number of crashes caused by distracted driving. The bill proposes a fine structure for violations, starting at $100 for a first offense and increasing with repeat violations. Lawmakers and public safety officials say this move is long overdue, especially as phones have become one of the biggest distractions behind the wheel.
Now that it’s cleared the House, the bill heads to the South Carolina Senate, where it will be debated and potentially amended before it has a shot at becoming law. If it passes, South Carolina would join the majority of U.S. states that have adopted hands-free driving laws in an effort to reduce preventable accidents. Supporters of the bill, including law enforcement, safety advocates, and families affected by distracted driving, argue that this legislation is a necessary step toward safer roads and fewer fatalities. Critics, however, have raised questions about how the law will be enforced fairly and whether it could disproportionately affect certain communities. Still, the momentum is strong. Expect to see more public awareness campaigns rolling out in the coming months as lawmakers and safety organizations work to educate drivers about what hands-free really means and why it matters. If you’ve ever been tempted to check that text or scroll social media at a red light, this bill is your official warning: it’s time to put the phone down and focus on the road.
Texting and driving in South Carolina is not just dangerous it’s illegal. With distracted driving accidents on the rise, especially due to cell phone use, the state has taken significant legislative steps to address this issue. If you’re wondering about the legal consequences or potential liability in case of an auto accident, understanding the laws around cell phone usage while driving is essential.
What South Carolina Law Says About Texting While Driving
South Carolina passed a statewide ban on texting while driving in 2014. According to South Carolina driving law, it is illegal for drivers to compose, send, or read forms of messages such as text, instant message, or direct message while operating a motor vehicle. This law applies to the use of any wireless communication device, including handheld cell phone, handheld devices, and mobile phone.
The law classifies texting while driving as a primary offense, which means a law enforcement officer can pull over a driver solely for that violation. This primary enforcement allows stricter regulation and quicker response from law enforcement officials and law enforcement officers.
However, exceptions are made for official duties, like those of emergency personnel or law enforcement. Drivers can also legally use hands-free wireless electronic communication devices or voice-activated commands through a digital assistant.
Consequences of Texting and Driving
A first-time offense for texting while driving can result in a fine of up to $25. Subsequent offenses carry higher penalties. Although the financial punishment seems minimal, a criminal charge can follow if the act results in serious injury or death, including vehicular homicide or a reckless driving charge.
Not only can these offenses lead to criminal penalties, but they can also damage your driving record. Violations may lead to increased insurance costs, insurance rates, or even termination of an insurance policy by your insurance carrier or insurance provider.
Moreover, these infractions may result in civil liabilities. A person injured in an accident caused by a texting driver may file a personal injury lawsuit, often seeking punitive damages, medical expenses, Property Damage, and compensation for medical treatments or burial expenses.
Dangers of Texting and Driving
According to the National Highway Traffic Safety Administration, texting while driving is one of the biggest safety concerns in the U.S. A car traveling at 55 mph can cover the length of a football field in the time it takes to glance at a phone. During that moment, the driver is blind to road conditions, making them prone to dangerous driving, drunken driving, and aggressive driving.
The dangers of texting are compounded by the types of distractions it introduces: manual, visual, and cognitive. Texting diverts attention from the task of driving, making it a distracted driving activity. The implications of texting can range from minor collisions to fatal motor vehicle accident.
Statistics and Locations Affected
Some of the state’s busiest areas, like Myrtle Beach, Rock Hill, and border regions near North Carolina, report higher rates of distracted driving citations. The Department of Public Safety continuously monitors driving statistics and enforces cell phone law to reduce the accident risk caused by distracted behavior.
Legal Options After a Texting-Related Accident
Victims of distracted driving mistakes may seek compensation by consulting a personal injury attorney or personal injury lawyer. If you’re involved in an accident caused by driver texting, an experienced driving accident attorney or driving accident lawyer from our law firm can help build a case and recover thousands of dollars in damages.
Our law firm has extensive experience helping clients deal with the consequences of texting, such as driving accident claims and injury claim, due to a driving offense or distracted driver texting.
What Can Be Claimed?
After a crash damage or accident involving involved property damage, victims can claim:
- Medical Expenses
- Property Damage
- Punitive damages
- Lost wages due to medical treatments
- Claim for damages associated with pain and suffering
These damages can be claimed through the liable driver’s insurance policy or your own, depending on auto insurance rates and coverage. Phone records may be used as evidence to show cell phone use or cell phone capabilities at the time of the crash.
Liability and Proving Fault
South Carolina follows an at-fault drivers system, meaning whoever causes the crash is responsible for damages. Proving negligence involves establishing the elements of negligence, including breach of duty of care, causation, and harm.
If a hand-held electronic device or handheld devices were being used during the crash, this could be used as evidence of a breach of the primary task safe driving.
In some cases, the court may consider the use of additional device, electronic device, or hand-held cell phone as a distracting action or even aggressive action, further strengthening the victim’s claim.
Exceptions to the Rule
There are few situations where texting might be allowed:
- When the vehicle is parked
- During emergencies (i.e., calling emergency personnel)
- When using hands-free or handheld device legally
- Fulfilling essential duties of emergency response
How to Stay Safe
To stay compliant with hands-free driving law, drivers should consider using:
- Hands-free phone calls
- Voice-activated texting
- Mobile device stands
- Pre-set climate control settings
Avoid any use of a wireless device that takes your attention off the primary task of driving. This includes books about cellphone usage, instant message, or using cell phone restriction laws.
What If You Are at Fault?
Even at-fault drivers can protect themselves from lawsuits with early legal help. Our law firm offers initial consultation and confidential consultation to assess your situation. If you’re worried about the charge for texting, conviction for texting, or facing legal action, connect with our personal injury law firms team immediately.
Final Thoughts
South Carolina’s laws against texting are clear: keep your focus on the road. Any driver distractions, including legal distractions, are a form of negligence. The cost of a single message isn’t just a fine it can mean injury, death, or life in danger for you and others.
If you or a loved one has suffered due to distracted driving accidents, don’t wait. Contact Ted Law Firm for a consultation. We will help you take appropriate legal action, hold the negligent party accountable, and secure the justice and compensation you deserve.Ted Law Firm is proud to serve clients throughout South Carolina and Georgia, including major cities like Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta. Wherever you are, our dedicated team is here to stand by your side. And remember—you won’t owe us anything unless we win your case. No risk, just trusted legal guidance from a team that puts you first. With Ted Law Firm, you’re in capable hands.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
