Can a Driver Who Was Eating While Driving Be Liable for a Crash?

Drivers should operate their vehicles safely to avoid an accident. This includes avoiding distracted driving. Most people only think about cell phones as a form of distraction. But there are other behaviors that take a driver’s attention away from the road. For example, eating while driving.

If a driver who was eating and driving crashes into your vehicle, he or she may be liable for your damages. Let our vehicle collision lawyers in Fort Worth review your claim. The consultation to discuss your legal options is free. There are also no upfront fees for our services.

Below, we discuss the dangers of eating while driving, including how the law determines liability if a crash occurs.

Why Eating and Driving is Distracting

Eating behind the wheel increases the chances of causing a crash by 80 percent. This is according to the National Highway Traffic and Safety Administration (NHTSA). The same factors that make texting and driving dangerous also make eating and driving unsafe. These factors include:

• Cognitive distractions – a driver’s mental focus is on eating or avoiding dropping food and not on the road.
• Manual distractions – holding or unwrapping food prevents a driver from keeping both hands on the wheel.
• Visual distractions – looking down at food means a driver is not looking at the road.

Even one of these distractions on its own is dangerous. When combined with other inattentive behaviors, they can be lethal.

Drivers who are not watching the road may:

• Fail to yield
• Run a stop sign
• Run a red light
• Fail to see a pedestrian
• Fail to see stopped vehicles
• And more

Drivers Should Keep Both Hands on the Wheel

Proper steering is difficult with only one hand, especially during an emergency. For example, drivers may unexpectedly be forced to swerve to avoid a collision. Without both hands on the wheel, the driver may lose control of the vehicle and be unable to avoid crashing.

Is It Illegal to Eat and Drive in Texas

No, it is not illegal to eat while driving in Texas. However, doing so can still lead to legal consequences if it interferes with a driver’s ability to safely operate their vehicle. The Texas Transportation Code does not explicitly ban eating behind the wheel, but drivers can still be penalized if their inattention contributes to a traffic violation or crash. 

Legally speaking, eating behind the wheel isn’t considered a violation by itself—but it can quickly become an issue if it leads to behavior that qualifies as distracted or reckless driving.

No Specific Law

While Texas law doesn’t specifically prohibit eating while driving, law enforcement officers still have the discretion to issue a citation if the behavior leads to poor vehicle control or endangers others on the road. 

From spilling coffee to unwrapping fast food or trying to eat while steering, even small distractions can slow your reaction time or affect your control of the vehicle. These actions might lead to a traffic violation—or worse, cause a serious crash that results in injuries or property damage.

Distracted Driving

According to the Texas Department of Insurance, eating while driving qualifies as a form of distracted driving, which is defined as any activity that diverts attention from driving. This includes not only texting or using electronic devices but also:

• Eating or drinking
• Grooming
• Reaching for items inside the car
• Adjusting in-vehicle technologies

Any of these behaviors can pull a driver’s focus off the road, increasing the risk of a dangerous situation.

Potential Consequences

Drivers who are distracted by eating and violate traffic laws may face legal penalties. The Texas Department of Public Safety reports that distracted driving, regardless of its source, can result in citations or more severe repercussions if it causes an accident. Some of the possible consequences include:

• Traffic citations for unsafe lane changes, failure to yield, or running red lights
• Increased insurance premiums
• Points added to a driver’s license
• Civil liability in the event of a crash

Reckless Driving

When eating behind the wheel leads to behavior deemed dangerous, a driver could be charged with reckless driving. If eating interferes with a driver’s ability to maintain control—such as swerving, failing to yield, or running traffic signals—the behavior may be considered reckless. 

Law enforcement officers may interpret such actions as endangering public safety, potentially resulting in a citation, fines, or more severe penalties such as license suspension. In some cases, repeat offenses or aggravating circumstances could lead to criminal charges or legal action by injured parties.

Liability in Accidents

If a driver who was eating causes a car crash, they may be held liable for any resulting damages. Personal injury cases in Texas often hinge on negligence. Eating while driving could be used as evidence that the driver breached their duty of care, especially if it resulted in visible distraction or erratic behavior behind the wheel. In such situations, the distracted driver might be responsible for a range of losses, including:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering
• Future rehabilitation costs
• Emotional distress or trauma caused to the injured party

What Evidence Can Help Prove a Driver Was Eating?

Proving someone was eating before he or she caused a crash is often difficult. Especially if there was a passenger in the vehicle. The passenger may try to claim he or she was eating and not the driver.

However, there is some evidence you may be able to present to prove your claim. This includes:

• Eyewitness statements – Anyone who saw the collision or events that led up to it may have seen the driver eating and swerving.
• Police report – The police perform a preliminary investigation to determine the cause of a crash. Any evidence of food in the car may help prove the driver was eating at the time of the collision, especially if the driver was the sole occupant. If the responding officer documents this information in the police report, it may help provide additional evidence for your claim.
• Photographs – If possible, you may be able to use pictures from inside the at-fault driver’s vehicle showing any signs of food.
• Bank records – This evidence may only be available if your case gets to the discovery phase. Although not definitive proof on its own, the at-fault driver’s bank records might reveal a fast food stop before the accident.

You do not need to prove someone broke the law or was reckless to hold them liable for your damages.

Let Us Handle Your Claim. Call Today

Eating behind the wheel is a form of distracted driving and is therefore considered negligence. If you were injured by a driver who was distracted by food, you may be eligible to pursue compensation.

Our attorneys are prepared to investigate your claim and discuss your legal options. The legal consultation is free, and there are no upfront fees. There is no risk to speak to an attorney.

Call (817) 920-9000 to schedule your free consultation.