Is it illegal to eat and drive in Florida

Florida law doesn’t expressly prohibit eating and driving. However, if eating while driving leads to distraction and dangerous or careless driving, it could result in an accident with injuries or fatalities.

Multitasking might be a valued skill in today’s fast-paced society. But one place where it could be dangerous is on the road. Eating while driving is a habit many drivers develop without realizing the potential risk it brings.

What Makes Eating While Driving Potentially Dangerous?

Operating a motor vehicle requires a significant amount of visual and physical attention. It is an activity that demands your eyes, hands, and mind – which are crucial to safe driving. Eating while driving takes this necessary attention away from the road.

There were over 360,000 people injured in car crashes due to distracted driving in a recent year, according to the National Highway Traffic Safety Administration (NHTSA). Although many people think that distracted driving applies only to cell phones and texting, the NHTSA considers any activity that diverts the driver’s attention from the task of driving risky and more likely to contribute to accidents. The NHTSA states that drivers who eat while driving are 1.57 times more likely to be in a car accident.

What Is Florida’s Distracted Driving Law?

The Wireless Communications While Driving Law clearly outlines that texting and manually typing on wireless devices while driving is illegal. Approved by the Florida legislature and signed into law in 2019, the legislation focuses mainly on the dangers of texting and driving.

Florida law enforcement officers have the authority to pull over and issue tickets to drivers found texting while behind the wheel. Anyone handling a motor vehicle in Florida cannot manually input letters, numbers, or symbols into a wireless communication device for texting, emailing, or instant messaging purposes.

Does the Distracted Driving Law Apply to Eating While Driving?

The distracted driving law doesn’t specifically mention eating while driving. The law primarily focuses on the use of electronic devices. However, it does stipulate that any non-driving activity that causes a distraction is potentially dangerous. Distracted drivers are more likely to create situations that pose a danger to other motorists, including:

• Inability to avoid collisions with stopped vehicles
• Failure to hold a proper place within lanes
• Difficulty making swift judgments
• Decreased awareness of surroundings
• Inability to perform emergency maneuvers to avoid a crash
• Failure to identify and comply with traffic signals and signs

Could Florida’s Careless Driving Law Apply to Eating While Driving?

Eating while driving could fall under Florida’s careless driver law if it causes the driver not to pay enough attention to the road and the traffic around them. Florida Statute 316.1925 requires anyone operating a vehicle to do so carefully without endangering anyone’s safety or property.

If you’re eating behind the wheel and driving recklessly, you could receive a citation for careless driving. Factors that may influence whether eating while driving could amount to careless driving include:

• The extent of distraction – Eating can cause significant distractions, such as taking hands off the steering wheel for an extended period or looking away from the road frequently.
• Road conditions – Eating while driving may pose a higher risk when road conditions are poor, such as in heavy traffic, bad weather, and construction zones.
• Accidents or near misses – Eating while driving could lead to a collision or close call with other road users.

Could a Police Officer Pull Someone Over for Eating While Driving?

While it’s unlikely for a police officer to pull someone over solely for eating while driving, a traffic stop could be justified if it causes observable erratic or dangerous driving behavior. This refers to behaviors on the road that pose a risk to the driver, passengers, pedestrians, and other motorists. These actions often violate traffic laws and increase the likelihood of accidents or collisions. Erratic or dangerous driving includes:

• Excessive speeding, either above the posted speed limit or at a speed unsafe for current road and weather conditions
• Tailgating
• Weaving through traffic or crossing between lanes
• Ignoring traffic signals and stop signs
• Failing to yield the right of way when required
• Driving on the wrong side of the road
• Passing other vehicles in dangerous or prohibited areas
• Driving on the shoulder or emergency lane

What Situations Make Eating While Driving More Dangerous?

While eating and driving is always a dangerous distraction, there are some cases where it can be particularly risky, such as:

• Eating and driving while in a school zone – Florida laws are stricter in school zones where children’s safety is crucial. Distractions while driving, including eating, can significantly increase the risk of accidents in these areas.
• Speeding while eating – Speeding amplifies the danger of eating while driving as the driver has less time to react to sudden changes in traffic or on the road. Combining high speeds with the distraction of eating could lead to severe traffic accidents.
• DWI and eating – Driving while impaired (DWI) and eating are two separate issues. However, drunk drivers are likely risk-takers who engage in other dangerous actions. When an impaired driver compounds reckless behavior by eating while driving, the risks and legal consequences could multiply significantly.
• Eating and driving in heavy traffic – Eating while driving in heavy traffic could prove particularly dangerous, as frequent stop-and-go movement requires constant attention.

What Happens If I’m in an Accident Caused by Eating While Driving?

If you’ve been injured in an accident that involves eating while driving, you can take certain steps to protect yourself and others:

• Get medical attention, even if you feel okay after the crash.
• Contact the police to generate a crash report and mention to the police officer that you believe eating while driving might be a factor.
• Take pictures of evidence that might suggest the other driver was eating at the time of the accident.
• Talk to a Florida distracted driving accident attorney who can help you pursue compensation for your injuries.

Contact a Florida Car Accident Lawyer

Any distracted or careless driving accidents can cause injury and financial loss. An experienced Florida car accident lawyer can help you understand your rights and determine whether you could pursue compensation from the driver.

At Zervos & Calta, PLLC, we know how important it is for you to get back on your feet after an accident that was someone else’s fault. We can negotiate with the insurance company to seek money for your medical care, lost wages, and pain and suffering. We are also skilled trial lawyers who can represent you in court if necessary. Contact us today for a free, no-obligation consultation.

Visit Our Florida Car Accident Law Offices

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.