How Distracted Driving Laws are Changing: What Drivers and Accident Victims Should Know

The days of hearing dial-up tones on our computers or waiting for an email from a friend are long gone. Now, contacting someone or accessing the internet is almost instantaneous; with a simple click or touch, we get to where we want to be in no time. 

While we can thank technology for our quick ability to communicate and search the depths of the internet, it has also proved to be a major distraction – and danger – on the road. 

According to the National Highway Traffic and Safety Administration (NHTSA), distracted driving claimed the lives of over 3,000 people in 2023. And now, South Carolina lawmakers are focusing their efforts on how to keep our eyes on the road and off our phones with new legislation. 

Keep reading as our car accident lawyers help shed light on distracted driving, the dangers it presents, and how new legislation will work to tackle this new roadway hazard. 

What is Distracted Driving?


Distracted driving describes engaging in any activity that diverts the driver’s attention from the road. While we often think of texting and talking on the phone as the primary forms of distracted driving, it can also include eating and drinking, talking to people within your vehicle, and messing with the stereo or navigation system. 

According to the South Carolina Department of Insurance (SCDOI), “you are 90% more likely to have an accident when driving distracted.” 

All distractions that take your eyes away from the road can have costly consequences, from mild injuries to even death.

The Dangers of Distracted Driving in South Carolina 

Distracted driving is a dangerous mistake, especially on South Carolina roadways. 

The Insurance Institute for Highway Safety (IIHS) reports that South Carolina holds the number one spot in the nation for the Fatality Rate per 100 Million Vehicle Miles Traveled in 2019. Following suit, South Carolina tied for seventh place for the worst drivers in the U.S. 

South Carolina drivers do not have a great reputation on the road, and the presence of distracted driving only increases the risk of an accident. 

The main cause of distraction on the road is phone use, enabling visual, manual, and cognitive attention to write, read, or send a single text message. 

While reading a single text on the road may seem like a “quick” endeavor, time can be surprisingly deceptive. When going 55 mph on the road, you will travel the entire length of a football field in the time it takes you to read one text message from your friend or family member. 

Instead of hearing it from a car accident attorney, we will let the numbers reported by SCDOI speak for themselves: 

  • Distracted driving kills more than eight people and injures over 1,000 people daily in the U.S. (NHTSA) 
  • South Carolina averages two crashes every hour involving distracted driving (SCDPS) 
  • In 2019, South Carolina reported nearly 19,000 collisions where distracted driving was a key factor in the accident (SCDPS) 
  • In 2019, distracted driving killed at least 3,142 people on a national scale (NHTSA) 
  • Texting and driving is six times more dangerous than driving drunk (SCDOI) 

A Closer Look at the SC Hands-Free and Distracted Driving Act 

Understanding the South Carolina distracted driving law and legislation is often clouded in confusing jargon, creating more questions than clear answers. 

But don’t worry! Our car accident lawyers near you are here to help make sense of current legislation around distracted driving – and what is set to change. 

Current Distracted Driving Legislation 

Current legislation can be found in section 56-5-3890 in the South Carolina Code of Laws. According to the S.C. Department of Public Safety (SCDPS), the section states “it is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this state.” 

In this case, a wireless electronic communication device refers to a phone, personal digital assistant, text-messaging device, or computer. 

A Proposed Amendment 

A proposed amendment to section 56-5-3890 was introduced in 2023 as the “South Carolina Hands-Free and Distracted Driving Act.” 

The amendment proposes a new section be added to specify the “circumstances upon which it is unlawful to use wireless telecommunications devices, to create the offense of distracted driving, and to provide penalties.” 

To summarize, the added section states that, while a person is operating a motor vehicle, a person shall not: 

  • Hold or support, with any part of the body, a mobile electronic device 
  • Write, read, or send any text, including a text message, email, application interaction, or website information 
  • Watch motion, such as in a video, movie, game, or video call 

For those found guilty of distracted driving, a first offense will result in a fine of $100. For those found guilty of a second or subsequent offense, they will be fined $200 and receive two points on their driving record. 

Don’t Let a Distracted Driver Affect Your Future – Contact a Car Accident Injury Lawyer Near You Today!

Getting behind the wheel and on the road is not to be taken lightly, whether you are a first-time driver or a seasoned veteran. While there are many hazards to be on the lookout for when you’re on the move, it’s important to be aware of the dangers distracted driving entails. 

If you have been the victim of an incident involving a distracted driver, our car accident attorneys near you are here to help! 

At Hoffman Law Firm, we understand better than most the perils of distracted driving and how costly it can be, both financially and physically. 

Located in both Charleston and Georgetown, we support accident victims throughout the Palmetto State. Our personal injury lawyers here at Hoffman Law Firm have extensive experience handling a wide variety of cases. 

We have established a reputation for success, as well as great service! To meet with a member of our team, schedule your free consultation today.

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