The short answer: Building a texting-while-driving case in South Carolina means proving the other driver was distracted and that their distraction caused your injuries. This is typically proven through phone records, witness statements, and the crash report. Because South Carolina now has a hands-free law and a three-year deadline to file most injury claims, acting quickly protects both your evidence and your right to compensation.
Getting hit by a driver who was staring at a phone instead of the road is infuriating, and the aftermath can feel overwhelming. You’re coping with injuries, mounting medical bills, and an insurance company that would rather not pay. A texting-and-driving accident attorney can take that burden off your shoulders. With 55 years of combined experience, Our Lexington distracted driver accident lawyers at Smith & Jones Law helps injured individuals across South Carolina, and your first consultation is always free.
In this article, we will cover the following:
- What does South Carolina’s hands-free law say?
- How does texting cause serious crashes?
- How do you prove the other driver was texting?
- What if you were partly at fault?
- What compensation can you recover?
- Frequently asked questions about texting-while-driving accidents in South Carolina
What does South Carolina’s hands-free law say?
South Carolina’s hands-free law makes it illegal to hold a phone or other mobile device while driving. The South Carolina Hands-Free and Distracted Driving Act took effect on September 1, 2025, updating the state’s distracted driving statute, S.C. Code Ann. § 56-5-3890. Under the law, a person shall not hold or support, with any part of the body, a mobile electronic device while driving, and drivers also cannot read, compose, or transmit any text or watch a video, movie, game, or video call on a mobile device. Navigation, listening to audio, voice-to-text, and initiating or ending a call are allowed, as long as the operator isn’t holding the device. This matters for your case because breaking the SC hands-free law can be strong evidence that the other driver was negligent.
How does texting cause serious crashes?
Texting is dangerous because it takes a driver’s eyes, hands, and mind off the road simultaneously. Distracted driving comes in three forms: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off driving), and texting involves all three at once. Even a few seconds of looking down is enough to drift into another lane, miss a red light, or fail to brake for stopped traffic. That’s why distracted driving is tied to so many rear-end collisions, head-on crashes, and intersection wrecks, and why the injuries are often severe.
How do you prove the other driver was texting?
Proving a driver was texting takes evidence since the at-fault driver rarely admits it. Our attorneys build these cases by gathering and preserving several key pieces of proof:
- Phone records: Cell phone and carrier records can show calls, texts, and data use in the moments before the crash. These often have to be requested quickly, sometimes through a court order, before they’re erased.
- Witness statements: Other drivers, passengers, and bystanders may have seen the driver looking down or holding a phone.
- The crash report and scene evidence: The responding officer’s report, traffic or surveillance camera footage, and vehicle data can all help reconstruct what happened.
Don’t wait to protect this evidence. Call Smith & Jones Law at 803-784-0730 for a free consultation.
What if you were partly at fault?
You can still recover compensation in South Carolina as long as you are not more than 50% at fault for the crash. However, your compensation is reduced by your share of the blame. Insurance companies know this, which is why they often try to pin part of the blame on you. Our attorneys work to document the other driver’s distraction and push back on unfair attempts to shift fault.
What compensation can you recover?
You may be able to recover compensation for your medical bills, lost wages, future care, property damage, and pain and suffering. What a case is worth depends on how severe your injuries are and how the crash has changed your life. In situations involving particularly reckless conduct, additional damages may be available. Keep in mind that South Carolina law sets a three-year limit for an action for any injury to the person, under Section 15-3-530, so it’s important not to wait to protect your claim.
Frequently asked questions about texting-while-driving accidents in South Carolina
How long do I have to file a claim in South Carolina?
In most South Carolina personal injury cases, you have three years to bring an action for injury to the person under Section 15-3-530. Certain situations can change that deadline, so you need to speak with an attorney as soon as possible.
What does it cost to hire a texting-and-driving accident attorney?
Your first consultation is free. We handle these cases on a contingency fee basis, meaning you don’t pay attorney fees unless we recover compensation for you.
Is texting-while-driving illegal in South Carolina?
Yes. The SC hands-free law prohibits holding a mobile device and reading, writing, or sending texts while driving. A driver who broke that law may be considered negligent, which can strengthen your claim.
What if the other driver denies texting?
That’s common, and it’s exactly why evidence matters. Phone records, witness statements, and the crash report can help prove distraction even when the driver won’t admit it.
Injured by a texting driver in South Carolina? With 55 years of combined experience, Smith & Jones Law can help. Contact us at 803-784-0730 for a free consultation.