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In our fast-paced society, many California drivers routinely use drive-throughs to pick up their morning coffee and pastry or a quick sandwich for lunch. While this practice is highly convenient and can save a significant amount of time, eating while driving can result in traffic violations and expensive traffic tickets for those who choose to do it.
Eating while driving may result in being pulled over by law enforcement and receiving a ticket. It can also distract drivers, creating dangerous situations on the road that could potentially result in serious or even fatal accidents. In 2022 alone, there were 3,308 fatalities linked to distracted driving. For this reason, it’s highly advisable that next time you pull into the In-N-Out, opt to park and eat there instead of heading to the drive-through.
Does California’s Distracted Driving Law Include Eating?
According to the National Highway Traffic Safety Administration (NHTSA), eating and drinking are two substantial forms of driver distraction. Many car crashes can be attributed to drivers eating or drinking behind the wheel. California’s legislature has made efforts to reduce distracted driving in the state, mostly by enacting cell phone laws.
Section 23123.5 of the California Vehicle Code prohibits operating a vehicle while holding and using a handheld cell phone or other electronic wireless communications device. However, it is legal to use a hands-free device in California.
If you are found to have violated the handheld phone law, you may be fined $20 for a first offense and $50 for subsequent offenses. Cell phone use is one of the common types of driver distraction. Activities such as eating, drinking, conversing with a passenger, personal grooming, or applying makeup can also be risky. Distractions arise when a driver’s hands, eyes, or focus divert from the road ahead.
Although no California law specifically addresses eating while driving, police have the authority to use related laws to ticket drivers who are distracted behind the wheel. For example, California Vehicle Code Section 22350 prohibits drivers from operating their vehicles at speeds that endanger the safety of other individuals. You could be stopped and ticketed for various traffic violations while eating and driving. However, what you can or can’t do safely while driving is subjective and varies depending on the situation.
When Does Eating While Driving Become Illegal?
If you can still safely operate your vehicle while eating, there may not be a legitimate reason for a police officer to give you a traffic ticket. They must have another reason to stop and ticket you; often, it is for speeding, reckless driving, or making an illegal turn. It is up to the officer to determine if you are able to eat while driving safely. If you are eating but can pay attention, stay in your lane, keep your hands on the wheel, and remain a safe driver, you may not be stopped.
In many circumstances, drivers would be better off delaying their takeout meal until they reach their destination. While it might seem manageable to eat while driving, food can become a significant distraction. Driving in California, in particular, demands a high level of focus due to constantly changing road and traffic conditions. A distracted driver may be slower to recognize and respond to these changes, increasing the risk of an accident.
Even without a specific law pertaining to eating while driving in California, you can still find yourself with a ticket for doing so. If your food interferes with your ability to focus on the road and drive safely, you might receive a fine or citation. If you cause a car crash while eating, you could be liable for any resulting damages. Beyond the immediate legal and financial consequences, your insurance premiums may increase, and points could be added to your driver’s license. To keep you and others on the road safe, it’s highly advisable to avoid eating while driving.
Types Of Distracted Driving
Distracted driving occurs when a driver diverts their attention from the primary duties of driving to focus on something else, as defined by the National Highway Traffic Safety Administration.
Electronic devices, such as cell phones or GPS devices, usually come to mind when the topic of distracted driving is discussed. However, other activities like eating, grooming, or talking with passengers can be just as distracting.
Many distracted drivers fail to recognize the risks they pose to themselves, their vehicle’s occupants, and pedestrians on the road. Distractions behind the wheel fall into one or more of the following categories:
- Visual distractions that take your attention away from the road ahead.
- Manual distractions involve taking your hand off the steering wheel to attend to something else.
- Cognitive distractions that cause you to think about something other than the task of driving.
Justifying A Traffic Stop
You may be unlikely to receive a ticket from California law enforcement officers if you are simply sipping your coffee and keeping it in a cup holder. To make a traffic stop, the officer must observe you showing a clear disregard for the safety of others. Depending upon the situation and your actions, you could be ticketed for reckless driving while eating. This charge can result in substantial fines and jail time in certain areas of California.
For example, if you are fumbling around with unwrapping your hamburger, opening your dipping sauces, or eating pasta with a fork, you could quickly lose control of your vehicle. If a police officer observed this behavior, they could stop you, especially if your hands are visibly occupied with a task other than driving.
California Distracted Driving Citations
If you break California’s cell phone law by operating a phone or other handheld wireless communication device while driving, you may receive a small fine for the first offense. However, each subsequent offense will incur a $50 penalty.
If you remain alert and in charge of your vehicle, you are unlikely to receive a citation. A distracted driving citation can be issued if your hands or attention are diverted from driving to something else. In many cases, an officer must first stop you for another violation, such as speeding or failing to stop at a stop sign, and may then issue an additional citation for distracted driving if you were eating while driving.
What Makes Eating While Driving Dangerous?
Eating while driving may seem like a benign activity that has no impact on your attention or driving abilities. This may be true in some circumstances, but eating while driving can quickly become an unexpected problem. You may encounter severe conditions created by eating and driving, such as:
- Spilling hot liquid on yourself and sustaining a burn
- Spilling food or drink on your clothes and taking your attention away from the road to look at what happened
- Holding your food rather than the steering wheel. This can cause you to be unable to maneuver the vehicle when needed, especially in situations where something sudden and unexpected happens.
- Trying to get food out of its packaging. Doing so can divert your attention away from the road.
- Dropping your food and looking around to determine where it landed instead of focusing on driving.
Distracted Drivers Can Cause Accidents
Thousands of people sustain injuries each year because of distracted driving. If you or someone you love became one of them, consider contacting a California personal injury lawyer. If the other driver’s negligence caused your injuries, you may have grounds to pursue compensation for damages.
After a car accident involving another driver who was eating, seeking prompt legal advice from a distracted driving accident lawyer can help protect your rights. The officers who responded to your accident will complete an official report, which includes the details of the accident and the potential causes.
This report may provide evidence that the other driver was eating at the time of the accident. If you cannot prove that the other driver was negligent in causing your accident, it may be difficult to pursue compensation through a negligence claim. In such cases, a California car accident lawyer can provide valuable legal guidance and support. They can evaluate the circumstances of your case, gather supporting evidence to assess liability, and advise you on the legal options available to you.
Injured In An Accident? Call Our California Car Accident Attorney
Many injury victims seek free accident lawyer advice after being involved in crashes caused by distracted driving, including eating behind the wheel. If you were injured in an accident caused by another driver’s actions, a traffic accident lawyer can help you understand your legal rights and the steps to take next.
You can contact Arash Law at (888) 488-1391 or complete our contact form here to schedule a free initial case consultation with an experienced California accident lawyer. Our team will review your situation and explain your options in clear, simple terms.
With years of experience representing injury victims, our lawyers for accident cases serve clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and communities throughout the Golden State. Our accident lawyers are dedicated to protecting the rights of those injured in distracted driving accidents and other preventable crashes.
