By Alex Stalvey
Some people think South Carolina’s new hands-free law (H 3276) won’t change much, it’ll be tough to enforce, and people will still drive distracted anyway.
And sure, there’s some truth to that. No law can stop every bad decision in real time.
But I think that’s not really the point.
This law isn’t just about catching someone searching the internet at a red light. It’s about what happens after an accident when someone’s hurt, a life is changed, and the question becomes legal.
As a personal injury attorney, I see the consequences of distracted driving every day. I also see legal considerations pop up in the courtroom when it comes time to prove how that distraction contributed to an accident.
This law changes that. It raises the stakes, creates clarity, and, for victims, provides a clearer and more robust path to justice.
Why This Law Matters After the Crash
In the moments after a serious accident, so much is uncertain. But one thing is clear: accountability matters.
Before this law, it was far too easy for distracted drivers responsible for an accident to hide behind vague denials.
Now, there’s a firm legal standard. If someone’s holding their phone while driving, it’s not just dangerous, it’s a violation that can be enforced. That distinction makes it easier to:
- Prove negligence in a civil case.
- Use phone records, witness statements, and forensics to show what really happened.
- Pursue fair compensation for those injured through no fault of their own.
This law strengthens victims’ legal position not by trying to prevent every bad driver (but if that helps, we’re all for it) but by giving injured victims the tools to hold them accountable.
Lessons from Georgia: When Laws Reflect Reality, Lives Are Saved
For a glimpse of our future here in South Carolina, we can look at Georgia, which passed a similar hands-free law in 2018.
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.
That’s measurable progress. And it started with creating clearer expectations and consequences.
Enforcement Isn’t About Police at Every Corner. It’s About Evidence When It Counts.
Can every distracted driver be stopped in the moment? Of course not. But when a crash happens, law enforcement and legal teams can—and do—build solid cases based on:
- Phone activity records
- Eyewitness accounts
- Traffic camera footage
- Expert digital forensics
This law gives structure to that process. It makes accountability easier to establish—not theoretically, but in the courtroom, where it counts.
I’m A Driver Too
I’ve seen it myself. Drivers flying down I-85, steering with one hand and scrolling with the other. It’s reckless. It’s selfish. And it puts everyone around them at risk.
No law can erase that in the moment. But when that behavior leads to injury, there should be no confusion about who is to blame.
If a distracted driver has hurt you or someone you love, proving the obvious shouldn’t be difficult. This law helps make sure it isn’t.
If you need help, I’m here. I’ll listen. I’ll fight. Reach out today HERE.
