In today’s fast-paced world, multitasking has become the norm, even when behind the wheel. Among the myriad distractions that drivers face (such as cell phone use while driving), eating while driving is an often overlooked habit that can pose serious dangers to other road users. Whether it is a quick bite during a hectic morning commute or a snack on a long road trip, the behavior of eating or using a cell phone while driving can lead to serious car accidents.
Is Eating and Driving Illegal in California?
Eating while driving is not explicitly prohibited under California law. At the same time, California’s distracted driving laws can still apply if eating while driving leads to unsafe driving behavior.
Distracted Driving Laws
The primary statute related to distracted driving in California is Section 23123.5 of the California Vehicle Code. It prohibits drivers from using any kind of electronic wireless communications device (such as cell phones) while driving. It is often referred to as the handheld phone law, as it prohibits drivers from using a handheld wireless communication device while driving.
Traffic Citations
While there are no specific eating in car laws, California Highway Patrol, local police departments, and other agencies have the authority to issue citations for eating while driving if it causes a driver to drive erratically or dangerously. For example, if a driver swerves, fails to stop at a red light, or engages in any risky behavior while eating, a police officer can issue a citation for distracted or reckless driving.
The answer to the question “Can you eat while driving” is yes, you can – as long as you are in full control of your vehicle and manage to drive safely. Having said that, it is not safe to eat or drink anything when you are driving, as it can impair your ability to operate your vehicle and increase the risk of car accidents significantly.
Why Is Eating While Driving Dangerous?
Eating while driving can divert your attention away from the road, which can impact your reaction time and cause you to lose control of your vehicle. What makes eating behind the wheel a particularly dangerous type of driver distraction is the fact that it can distract you visually, manually, as well as cognitively.
Visual Distraction: Looking away from the road to grab food, unwrap packaging, or check for spills can affect your ability to monitor traffic conditions. Even a brief glance away can cause you to miss critical cues like a sudden stop by the vehicle ahead, which can lead to a car crash. Data shows that visual distraction is the most common type of driver distraction that leads to accidents.
Manual Distraction: When you use one or both hands to eat, you have less control over the steering wheel and other essential vehicle controls. Manual distractions can make it difficult for you to respond quickly to unexpected situations, such as swerving to avoid an obstacle.
Cognitive Distractions: When you eat behind the wheel, your mental focus is split between driving and the task of eating. This split in attention can impact your reaction time and decision making abilities, making it harder for you to anticipate and respond to traffic conditions effectively.
Legal Consequences of Eating While Driving in California
While there are no specific laws on eating and driving in California, drivers who eat behind the wheel can still face several legal consequences if they are found to violate the state’s distracted driving laws. These include:
Citation for Distracted Driving
If a police officer observes a driver eating behind the wheel without paying attention to the road, they can issue a citation for distracted driving under Section 23123.5 of the California Vehicle Code. The penalties can include a fine ($20 for the first offense and $50 or more for subsequent offenses) and additional fees and assessments.
Citation for Reckless Driving
If eating while driving leads to reckless behavior such as erratic lane changes, running red lights, or excessive speeding, the driver can be charged with reckless driving under Section 23103 of the California Vehicle Code. The consequences of a reckless driving conviction include fines ($145 to $1,000), probation, and jail time (up to 90 days).
Civil Liability of Drivers in Eating While Driving Accidents
Under California law, distracted drivers who cause accidents can face civil lawsuits for the damages caused. If you are injured by a driver who was eating behind the wheel, you can file a claim against them with the help of a qualified personal injury lawyer and seek financial compensation for your injuries and other damages.
Evidence Proving Driver Negligence in an Eating While Driving Accident
- Statements from individuals who saw the driver eating at the time of the accident
- Accident scene photos showing food items, wrappers, or spilled beverages inside the at-fault driver’s vehicle
- Footage from dashcams, traffic cameras, and security cameras that might have recorded the driver eating behind the wheel
- Police report
- Analysis of the at-fault driver’s injuries that might indicate that the driver was not fully attentive (for example, injuries from not bracing for impact)
- Data from the vehicle’s black box that can provide information on the vehicle’s speed, braking, and steering input at the time of the accident – potentially showing erratic behavior indicative of distraction
- Any citations issued for distracted driving or reckless driving
Hiring a seasoned personal injury attorney can significantly improve your chances of getting a fair settlement for your injuries and other losses in a distracted driving accident case, whether due to the use of electronic devices, personal grooming, or eating while not driving safely.
Injured in an Eating While Driving Accident? Legal Help is Here from Our Award-Winning California Distracted Driving Lawyers
At The Law Offices of Rosenstock and Azran, we understand the dangers involved in one of the most overlooked forms of distracted driving: eating while driving. We have handled numerous distracted driving cases over the years – including cases involving catastrophic injuries – and have helped our clients get the financial compensation they deserve.
Our legal team brings more than 80 years of legal experience and exceptional negotiation skills to the table and have a track record of recovering large settlements for our clients. We know how to get the justice and compensation you deserve. If you or a loved one has been injured in an eating while driving accident, now is the time to take action. Our answering service is available on a 24/7 basis and ready to provide the information you need at any time.
Call us today at 818-986-2052 or get in touch with us online to schedule a free consultation with a proven and capable personal injury lawyer at our firm.