May 29, 2026 | Car Accidents
South Carolina’s Hands-Free Law Is Now Fully Enforced in Lexington
As of February 28, 2026, law enforcement officers across South Carolina began issuing citations under the state’s hands-free driving law, and Lexington County drivers need to understand how this shift affects both their daily commutes and their rights after a crash. The South Carolina Hands-Free and Distracted Driving Act, codified at SC Code § 56-5-3890, took effect on September 1, 2025, but included a mandatory 180-day warning period. That grace period is over. If a distracted driver caused your injuries in a Lexington collision, the new law may strengthen your ability to prove fault and pursue compensation.
If you were hurt in a distracted driving crash in Lexington, Jeffcoat Injury and Car Accident Lawyers can help you understand your options. Call (803) 200-2000 or reach out online today.
What the SC Hands-Free Law Prohibits Under § 56-5-3890
The South Carolina Hands-Free and Distracted Driving Act goes well beyond the state’s old texting-and-driving ban. The previous law only prohibited composing, sending, or reading text-based communications while driving. Under § 56-5-3890, drivers may not:
- Hold or support a mobile device with any part of their body while operating a vehicle
- Use a mobile device to read, compose, or transmit texts, emails, app interactions, or website content
- Watch video or other motion content on a mobile device while driving
The law does provide certain exceptions. Drivers may still use their phones if they are lawfully parked or stopped, operating the device in voice-activated or hands-free mode, using navigation, music, or podcasts without holding the device, or reporting emergencies. Law enforcement, firefighters, and emergency medical personnel are also exempt while performing official duties. Understanding these exceptions matters when evaluating whether the other driver violated the statute.
💡 Pro Tip: If you were hit by someone who appeared to be looking at their phone, write down everything you remember about the other driver’s behavior immediately after the crash. Details like "phone in hand" or "looking down at their lap" can become critical evidence later.
How Penalties Work Now That the Warning Period Has Ended
During the first 180 days after the law took effect, officers could only issue warnings for violations of § 56-5-3890. That educational window ran from September 1, 2025, through February 27, 2026. The Department of Public Safety made clear it intended to strictly enforce the law once full enforcement began.
Now that citations are active, the financial penalties escalate with repeat behavior. Here is how the fine structure works:
| Offense | Fine | Points on Driving Record |
|---|---|---|
| First offense | $100 | None |
| Second and subsequent offenses (within three years) | $200 | Two points |
A citation under § 56-5-3890 creates a documented record that the at-fault driver violated a safety statute. For injured victims pursuing a Lexington County crash claim, that citation constitutes negligence per se and can serve as powerful evidence when proving causation and damages.
💡 Pro Tip: Request a copy of the police report as soon as possible after your accident. If the officer cited the other driver for a hands-free violation, that documentation directly supports your claim that the driver was negligent.
Why Distracted Driving Crashes Are So Dangerous in Lexington SC
Using a phone while driving involves all three types of driver distraction: visual, manual, and cognitive. A driver holding a phone takes their eyes off the road, their hands off the wheel, and their mind off driving, all at once. This triple threat makes cell phone use behind the wheel uniquely hazardous.
The data supports what Lexington residents see on local roads every day. According to the most recent federal estimates (NHTSA 2024), roughly 5% of fatal crashes and 13% of injury crashes nationwide have been reported as distraction-affected. In a growing community like Lexington, where commuter traffic along routes like U.S. 378 and Interstate 20 continues to increase, distracted driving presents a serious ongoing risk.
The Department of Transportation is also required to post signage at every interstate highway entrance advising motorists of the hands-free law. Their presence reinforces the argument that drivers cannot claim ignorance of the law.
💡 Pro Tip: If the at-fault driver’s insurance company tries to minimize the seriousness of phone use while driving, remember that cell phone use evidence in a car accident in SC can be obtained through phone records, and your attorney may subpoena those records during litigation.
How a Car Accident Lawyer in Lexington South Carolina Can Use This Law to Prove Fault
A hands-free law violation gives injury victims a concrete statutory basis for establishing negligence. In South Carolina, negligence requires showing four elements: that the at-fault driver owed a duty of care, breached that duty, caused the plaintiff’s injuries (causation), and that the plaintiff suffered damages. A violation of § 56-5-3890 constitutes negligence per se under South Carolina law, which establishes duty and breach, the plaintiff need only prove causation and damages to recover. A documented violation remains a powerful tool for building your case.
Building a strong distracted driving crash claim in Lexington SC often requires gathering evidence beyond the police report. Cell phone records, witness statements, and even data from the phone itself can all contribute to proving fault. An experienced auto accident attorney in Lexington understands how to collect and preserve this time-sensitive evidence before it disappears.
What Evidence Supports a Distracted Driving Claim
Several forms of proof may help establish that the other driver was using a phone at the time of the crash. These generally include:
- The police officer’s citation or notes referencing a § 56-5-3890 violation
- Cell phone carrier records showing calls, texts, or data usage at the time of the collision
- Witness testimony from passengers or bystanders
- Surveillance or dashcam footage from nearby vehicles or businesses
- The driver’s own admissions at the scene
Courts may consider all of these sources when evaluating negligence proof. However, outcomes depend on the specific facts of each situation, and gathering this evidence promptly is essential.
How the Law Applies to Truck Accidents Too
The hands-free law does not only apply to passenger vehicles. Commercial drivers operating on Lexington County roads must also comply with § 56-5-3890, and a violation by a truck driver can carry even more significant consequences given the severity of large vehicle collisions. For CDL holders, violations are treated as serious offenses, and two convictions within three years while operating a commercial motor vehicle could result in a 60-day CDL disqualification. If you were injured in a crash involving a commercial vehicle, understanding how the hands-free law affects truck accidents may be directly relevant to your case.
💡 Pro Tip: Do not accept an early settlement offer from an insurance company without first understanding the full extent of your injuries. Some conditions, like traumatic brain injuries or soft tissue damage, may not become apparent for weeks or months after a crash.
Protecting Your Rights After a Distracted Driving Crash in Lexington
Taking the right steps in the days following a collision can significantly impact the strength of your injury claim. South Carolina has a statute of limitations that governs how long you have to file a personal injury lawsuit. Acting quickly helps preserve evidence, protect your legal rights, and avoid missing critical deadlines.
Insurance companies representing the at-fault driver may attempt to shift blame or downplay your injuries. They may argue that you were also distracted, that your injuries are not as severe as claimed, or that the crash was caused by something other than phone use. Having legal counsel who understands the SC Hands-Free and Distracted Driving Act and how to counter these tactics can make a meaningful difference in the compensation you recover.
💡 Pro Tip: Keep a daily journal documenting your pain levels, medical appointments, and how your injuries affect your daily routine. This personal record can support your claim for non-economic damages like pain and suffering.
Frequently Asked Questions
1. When did South Carolina start issuing citations under the hands-free law?
When Did Full Enforcement Begin?
Full enforcement began on February 28, 2026. The law took effect on September 1, 2025, but a mandatory 180-day warning period meant officers could only issue warnings until that date.
2. What are the fines for violating the hands-free law in South Carolina?
Penalty Amounts for First and Repeat Offenses
A first offense carries a $100 fine. Second and subsequent offenses within three years result in a $200 fine and two points added to the driver’s record.
3. Can a hands-free law citation help me prove fault in my Lexington car accident case?
Using a Citation as Evidence of Negligence
Yes. A citation for violating § 56-5-3890 constitutes negligence per se, establishing that the driver violated the statute and thus establishing duty and breach; however, a citation alone may not guarantee a successful claim, the plaintiff still must prove that the statutory violation caused the injuries and the extent of damages. It nonetheless provides documented proof that the driver was engaged in prohibited conduct at the time of the crash.
4. What if the distracted driver was not cited at the scene?
Building a Case Without a Citation
The absence of a citation does not prevent you from pursuing a claim. Cell phone records, witness statements, dashcam footage, and other evidence can still establish that the driver was using a phone in violation of the law. An attorney can help you gather this evidence through formal legal channels.
5. Does the hands-free law apply if I was using my phone for GPS navigation?
Navigation and Other Exceptions
The law permits using navigation apps, music, and podcasts as long as you are not physically holding the device. If your phone was mounted and you were using voice-activated or hands-free features, you were likely in compliance with § 56-5-3890.
Taking Action After a Lexington County Distracted Driving Crash
South Carolina’s hands-free law has given injured victims in Lexington a stronger foundation for holding distracted drivers accountable. With citations now being issued and penalties in effect, a violation of SC Code § 56-5-3890 creates a documented record that can directly support your negligence claim. Whether you are dealing with mounting medical bills, missed time at work, or lasting pain from a collision, understanding your rights under this law is an important first step toward recovery.
The team at Jeffcoat Injury and Car Accident Lawyers is ready to help you navigate the claims process and fight for the compensation you deserve. Call (803) 200-2000 or contact us today for a consultation about your case.
