The Law and Eating While Driving
As a general rule, there are no specific laws in any jurisdiction that completely outlaw the practice of eating while driving. Rather, eating while driving often falls under the umbrella of distracted driving, which is prohibited by most state laws when a driver engages in an "unsafe act." In this context, eating while driving becomes illegal if it prevents drivers from maintaining control over their vehicles.
In Maryland, for example, there is a law against distracted driving. Under Criminal Law Section 21-1124(c), a driver may not drive a vehicle on a highway while engaging in any action that distracts the driver from the safe operation of the vehicle, including eating. Section 21-1124(e) further states that any person who violates Section 21-1124 may be found guilty of a misdemeanor and subject to a fine not to exceed $500 for committing a distracted driving offense. Conviction for a distracted driving offense is considered a moving violation.
Likewise, in Delaware, although there is no specific law against eating while driving, there is a similar law against distracted driving. Under 21 Del. C. Section 4111(c)(2), a driver may not drive a vehicle on a highway while "engaging in any other activity that may divert the driver’s attention from the road." Any person who violates this subsection may be fined $100. Like the Maryland law, the Delaware law does not specify that eating while driving falls within this subsection.
South Carolina also has a distracted driving law. Under S.C. Code Ann. Section 56-5-3890(A), a driver may not operate a motor vehicle on a public highway while engaging in any activity that may distract the driver from safely driving. Like the Delaware law , this law does not specify that eating while driving may not engage in while operating a motor vehicle.
As is the case in South Carolina, Mississippi has a distracted driving law. Under Miss. Code Ann. 63-15-4(1), a driver may not operate a motor vehicle while attempting to read or write, including but not limited to writing, sending, or reading a text-based communication. Therefore, similar to the laws in Maryland, Delaware, and South Carolina, the Mississippi law does not specifically prohibit eating while driving.
There are similar distracted driving laws in Pennsylvania, Virginia, and West Virginia. These laws generally prohibit driving while engaging in any activity that may divert the driver’s attention from the road.
In New Jersey, there is a law against eating while driving. Under N.J. Stat. Ann. Section 39:4-97.3(b), a person may not "drive a motor vehicle while knowingly eating food." According to the summary section of this statute, violation of this statute is not a moving violation and does not result in points being added to the driver’s driving record, provided that the driver does not otherwise commit a violation involving moving traffic. According to the law, a driver who violates N.J. Stat. Ann. Section 39:4-97.3(b) is subject to a $50 fine for a first offense.
Eating while driving may not be illegal in all jurisdictions, but there is no question that it can be distracting to drivers. Eating while driving may result in a civil lawsuit if someone is injured when a distracted driver crashes his or her vehicle.
Punishments for Eating and Driving
If you get into an accident while you are eating and driving, you could seriously injure yourself and others. You could be stuck with medical bills that could easily total thousands of dollars. The question of liability in the event of an accident where you were eating and driving has not been well settled by the courts because there isn’t much of a record of it. Legally speaking, however, if you take your eyes off the road to eat and cause an accident, you will likely be found to be at fault and can expect to be penalized. This can mean an increase in your insurance rates as well as potential fines from the police if you are pulled over for driving recklessly while eating. The maximum traffic violation penalty for distracted driving is $500. You could also receive points on your license points, which vary by state but can easily exceed 11 depending on the severity of the infraction. It’s important to note that points on your license do not equate fines, but they can result in a suspended license. According to Florida law, points on your license can result in the following penalties: In some states, eating gets it own special traffic violation code, which can result in a fine of around $150. Driving a commercial vehicle while eating is illegal in many states in the same way that it is illegal to drive a passenger vehicle while eating (though that doesn’t mean that commercial drivers don’t drive while eating). If you are a commercial driver and you are caught driving while eating, you could be fined between $2,750 and $11,000.
Dangers Involved with Eating and Driving
In our society, it’s a common sight to see drivers with one hand on the wheel and the other holding a burger or a coffee. It’s almost become customary to see people multitasking behind the wheel. But is it really safe to do so? Can something as simple as eating in the car put the driver and fellow road users at risk?
Studies show that the average person takes 39 seconds to eat a burger and fries. That’s about the same amount of time it takes to read a text message, and a whopping 10 seconds longer than the 29 seconds it takes a driver to look away from the road to reach for their phone. While most of us like to think we are capable of driving and eating at the same time, however, this is a scientifically complex topic. In fact, a 2018 study published in the Journal of Advances in Medicine & Medical Research found that eating while driving increases the chances of an accident by as much as 80 percent. Drinking was found to be just as dangerous, increasing the chance of a crash by a whopping 300 percent.
Research consistently shows that distractions are one of the leading causes of accidents on the road. While texting and some other activities are illegal while driving, eating is not. Although eating at the wheel may not be a crime, it may still be a dangerous activity—or, if you are injured by a driver eating or drinking, it can be the basis for a third party suit against the insurance company of the driver who crashed into you.
Insurance Issues
When drivers are involved in accidents, they expect to be able to make a claim for damages and seek compensation from their insurer. However, when the accident is a result of eating while driving, the insurer may not see it that way. Instead of helping the insured driver, they may actually use the situation as a reason to deny the claim entirely. According to one report, insurance companies across the country collectively deny some $32 billion in accident claims every year, often because the claim was considered to fall into the realm of "excessive and reckless behavior." This does not mean that you are automatically going to be denied coverage if you eat while driving, but it may be used against you in certain situations . Insurers may argue that distracted driving behaviors such as eating and drinking coffee are serious breaches of safe driving and can be used as a reason to refuse coverage. As mentioned previously, eating and drinking behind the wheel are considered dangerous and can be cited by police officers when they issue citations. Even more so than talking on a cellphone, eating while driving is a behavior that even law enforcement officials recognize as unsafe. If you find yourself in a situation where your insurer is trying to deny your claim because of evidence of distracted driving, you may be required to go to court. Being accused of distracted driving can result in several costly issues, including fines, points on your driving record and car insurance increases. This is why it is vital to work with an experienced lawyer if you receive a ticket for eating and driving.
Staying Safe on the Road
If you’re not eating a messy snack that literally requires the use of both hands to eat like a donut, you can technically eat while driving. However, that doesn’t mean you should. In fact, there are several tips for avoiding this behavior and instead stopping to enjoy your meal after your trip or pulling over on the side of the road if necessary. To start, you can simply eat before you start, avoid large meals with a lot of small components and avoid driving after dark. This will reduce or eliminate the temptation to eat while behind the wheel. If you do experience hunger while on the road, you should get into the right lane and plan to pull off the road. This way, you don’t have to quickly jerk your car out of traffic, putting yourself and others at risk. When it’s safe to do so, pull off the road and enjoy your meal or get something out of your snack bag or beverage holder. Pulling into a gas station parking lot is another good option, as you can take care of some other errands as well. You can even find people who do eat on the road despite the risks to be good about it. Many state laws require eating drivers to keep one hand on the wheel and not drive while distracted. If you can manage this and still safely feed yourself, you may only be guilty of a minor distraction—right? The fact is that the best way to avoid eating while driving is to avoid eating behind the wheel at all. Eating while driving is not worth the risks no matter what the laws state. Avoid this type of mindless behavior at all costs, as it can lead to breaking the law, causing a crash and hurting yourself or others.
Case Law and Quotations
Numerous studies have illustrated the dangers of eating while driving, but the legal ramifications vary. In some cases, drivers have faced litigation for eating while driving, with mixed results. In a 2013 case, a driver eating a cheeseburger crashed into a car, killing the other driver on the scene. The driver’s cellular records indicated that she’d been on the phone at the time. A jury ultimately ruled in favor of the dead driver’s father, awarding the family more than $1 million. In a similar case, an eating driver collided with another car, resulting in fatal injuries to the other driver. The eating driver’s insurance company later sued the California restaurant where the driver had purchased the food. On the other hand , a truck driver who caused an accident when he was eating chips and driving was able to use the "sudden emergency" defense in his litigation. The "sudden emergency" defense in California law essentially states that if you face a sudden emergency due to the negligent or reckless actions of another person, it is not legally considered negligence on your part if you cause an accident as a result. The eating driver in this case, because he could prove that he didn’t mean to start his truck on fire with matches and cigarettes and that the fire was therefore an emergency, was able to use the "sudden emergency" defense in court. The fact that he was also eating at the time of the accident did not sway the outcome of the insurance litigation against the restaurant that sold him the food.