Link Successfully Copied to Clipboard!
Maybe traffic slows near an intersection and you glance down for just a second to check the score of the big game. Or your phone buzzes and it is your grandmother texting. You think, I can’t just leave her waiting, right? Or maybe your phone rings and the school is calling. What if it is about your child? Does that count as an emergency?
And what if your phone is sitting in your lap while you drive. You are not using it, but it is there. Is that illegal too?
South Carolina’s hands-free driving law has raised a lot of practical questions like these, especially for drivers who are trying to do the right thing but are unsure where the line is. If you were recently involved in a car accident in Spartanburg, those questions matter even more. The answers can affect traffic citations, police reports, and how fault is evaluated after a crash. At the Law Office of Tyler Rody, we help drivers understand how this law applies in real-life situations, not just on paper.
South Carolina’s hands-free driving law makes it illegal to hold a cellphone or other electronic device while operating a vehicle. This includes holding a phone to text, scroll, check notifications, or make a call, even when stopped at a red light or sitting in traffic.
Hands-free use is allowed. Drivers can use Bluetooth, voice commands, or a properly mounted device for navigation. The focus of the law is keeping your hands on the wheel and your attention on the road.
Checking the score of a game, even quickly, requires holding and looking at your phone. That is not allowed. Reading or responding to a text from a family member, even a well-meaning one, also involves holding the device and would violate the law.
Many drivers ask about emergency calls, especially when it involves family or school-related or family issues. The law allows limited handling of a device to report a true emergency, such as a crash, a medical emergency, or a situation that requires immediate help from emergency services.
A call from your child’s school may feel urgent, but unless it involves contacting emergency services, it usually does not fall under the legal definition of an emergency. In those situations, the safest option is to pull over and stop before using your phone.
Another common question is whether simply having your phone in your lap is against the law. The law focuses on holding or using the device. That said, a phone in your lap can still raise concerns. If an officer observes the phone and believes it was being handled or used, that observation may be included in a traffic stop or police report.
From a practical standpoint, keeping your phone mounted or stored out of reach while driving reduces confusion and lowers the risk of a citation or dispute later.
South Carolina’s hands-free law allows officers to stop a driver solely for holding a device. After an accident, this matters because citations and officer observations often become part of the official record.
In Spartanburg car accident cases, police reports are a key piece of evidence. If a report notes handheld phone use or a hands-free violation, insurance companies may rely on that detail when deciding fault.
If a driver was using a handheld device in violation of the law, that behavior may help establish negligence in an injury claim. Distracted driving does not automatically decide fault, but it can support a claim when it contributed to the crash.
Evidence such as police reports, witness statements, and phone records may all be used to evaluate whether distracted driving played a role.
If you are involved in a crash and believe distracted driving may be part of what happened, a few steps can help protect you:
These steps can preserve information that may matter later.
Traffic laws like the hands-free law are only one part of an accident case. A Spartanburg car accident lawyer can review how the law applies, examine the police report, and help determine whether distracted driving should factor into your claim.
At the Law Office of Tyler Rody, we help clients understand how everyday driving decisions, police findings, and insurance rules come together after a crash.
If you were injured in a Spartanburg car accident and have questions about how the hands-free driving law affects your case, the Law Office of Tyler Rody can help. Starting a conversation about what happened can bring clarity and help you understand your options under South Carolina law.
.jpg)
