Hands-Free in South Carolina

James

Here’s a stat that should make every South Carolina driver sit up and pay attention: South Carolina ranks third in the nation for distracted driving incidents, according to USAA's SafePilot study. And that’s not a list we want to top.

Emily

Yeah, I was recently driving on 85 and saw a guy on a FaceTime call. He wasn’t even trying to hide it – he was looking at the screen, and not the road.

James

it’s not just scary—it’s deadly. Distracted driving isn’t just a bad habit; it’s a massive problem. We’re talking about lives being changed in an instant. And there's real people, real injuries, and real consequences behind these numbers.

Emily

That’s a genuine concern. And it's why today, we’re breaking down what South Carolina’s new hands-free law means for drivers, for accident victims, and for the legal process that follows a crash.

James

Under the new law, H3276, if a driver is physically holding their phone while operating a vehicle—regardless of whether they’re texting, scrolling, or just taking a glance—it’s a clear violation. Beyond safety, this law is about holding individuals accountable. It provides accident victims with a more straightforward legal path to justice, rather than requiring them to navigate complex legal procedures to prove negligence.

Emily

This law will clarify the consequences for offenders with a stronger foundation to hold them accountable for thier reckless behavior.

James

I’ve seen too many cases where the lack of a firm standard made it harder to pursue fair compensation. And this law changes that.

Emily

It sounds like it’s not just about prevention, then. It’s about justice, too.

James

Right. It’s that dual focus—safety on the road, and accountability in the legal system. And let’s be honest, anything that helps prevent even one tragedy is worth it. If blatant offenders, like the guy you saw on 85, are getting caught in the act, so be it – that’s a good thing.

Emily

So, with this law in place, let’s talk about what happens after an accident. I mean, it’s always chaotic, right? People are shaken, there’s panic, and in the middle of all that, figuring out who’s responsible can get messy.

James

Exactly. And for a long time, it wasn’t always that straightforward. Having worked on many personal injury cases involving distracted driving, I can tell you that, until now, proving negligence was often a battle. It was relatively easy for distracted drivers to deny they were distracted. And without firm legal standards, proving negligence in a civil case, without that proof from traffic court, was a daunting task.

Emily

Right. Like, how do you prove someone was using their phone unless you’ve got, like, a video or something?

James

Well, that’s where the hands-free law changes the game. Now, if someone has been proven to have been looking at their phone, and that’s established in traffic court, you’ve got a more precise starting point when it comes to building a civil legal case.

James

And that one detail—a phone in hand—could be the difference between a dismissed civil claim and real justice. It's straightforward.

James

For example, let’s say there’s an accident and a police officer comes to the scene and writes a violation for the hands-free offender. And that offender tries to fight that violation, but is unsuccessful in traffic court. Now we can pull that traffic court ruling into the civil case.

Emily

Which, honestly, is the most important part for victims. it’s about getting people the fair compensation they deserve. A driver who willingly broke the law shouldn’t be able to walk away while someone else is left picking up the pieces.

James

Exactly, and in a way, this law gives victims the tools they need to hold people accountable—and that’s a step in the right direction.

Emily

So far we’ve discussed how the law changes what qualifies as distracted driving and how this gives victims a stronger legal footing.

Emily

Next, let’s talk about how this plays out in the courtroom. How does this law actually improve the legal process for victims of distracted driving accidents? What’s the real, practical impact on someone who’s been hurt?

James

Let’s start with the basics. Previously, if a distracted driver caused an accident, proving their negligence was often challenging. However, with the hands-free law now in effect, there’s a specific violation tied to their behavior. If they were holding their phone, that would be one of potentially multiple violations.

Emily

So the law isn’t just about catching bad drivers in the moment. It’s more about empowering the victims, right?

James

Yes. It provides victims with stronger legal pathways to prove negligence and pursue the compensation they deserve. And that’s where we step in. Our job is to take that violation, combine it with others to build a compelling case, and secure a fair outcome for the accident victim.

James

However, as I mentioned earlier, if someone is caught in the act, that’s great. But this law is all about what happens after an accident when someone’s hurt, a life is changed, and the question becomes legal.

Emily

So what kind of evidence actually helps build a case under this new law? What are lawyers and investigators looking for?

James

Good question. It could be through phone records, witness statements, traffic cameras, or even digital forensics that show usage patterns. Essentially, it’s about connecting the dots to prove that the driver wasn’t focused on the road.

Emily

And once you’ve got that proof, you can hold people accountable.

James

Exactly, and that accountability is crucial. We’re not just talking about assigning blame; we’re talking about justice. It’s about ensuring that victims receive the support they need to recover, whether that’s covering medical costs, compensating for lost wages, or addressing emotional damages.

Emily

You know, it makes you wonder—why wasn't this law in place sooner?

James

We are all learning. When you look at the stats from places like Georgia, where similar laws are already in place, you see real results—not just in fewer accidents but in how justice plays out afterward. Within just a few years, distracted driving convictions quadrupled, and distraction-related traffic deaths dropped from 5.3 percent in 2017 to 3.1 percent in 2021. It’s a roadmap, of sorts, that shows what’s possible when the legal system aligns with reality.

Emily

So, does this law mean less distracted drivers on South Carolina roads? Because something tells me that guy on the Facetime call still might not care.

James

Listen, we’re not going to fix the challenge of distracted driving overnight. The truth is that many people are addicted to their phones. Breaking that habit will take time, education, and vigorous enforcement, like this new law. But if we want to take distracted driving seriously, we need serious tools. This new law is one of them. It gives victims and their families a better chance at justice, and that’s something we should all support.

Emily

And for anyone listening right now who might be dealing with this, what should they do?

James

If you’ve been in an accident involving a distracted driver, don’t wait. The law is now on your side—but the sooner you act, the stronger your case. Call us to schedule a free consultation.

Emily

On that note, this has been such an eye-opening conversation.

James

It has. And I hope our listeners walk away with a better understanding of not only the law but also the importance of enforcing it in meaningful ways.

Emily

Well, it’s been great talking about this with you, and I’m sure we’ve given people a lot to think about.

James

Absolutely. And to everyone listening, stay safe, drive hands-free, and look out for one another on the road. Until next time.

Emily

Bye, everyone!