We all know that eating while driving is not a great idea, but most of us have done it from time to time. Have you ever wondered if it’s legal to eat while driving in Florida?
Florida law does not explicitly prohibit eating while driving. However, the situation is more complicated than that. While you won’t be pulled over just for eating a hamburger behind the wheel, eating while driving can still land you in legal trouble if it causes you to drive carelessly or dangerously.
If you have been injured in an accident caused by a distracted driver, the Fort Lauderdale car accident lawyers at Rosen Injury Law can help you recover compensation for your damages. Call (954)787-1500 or visit our contact page to schedule a free consultation to discuss your car accident claim.
Florida’s Distracted Driving Laws
Eating while driving can be a serious distraction and lead to a crash. Florida takes distracted driving seriously, but the state’s laws primarily focus on electronic device use rather than eating. Florida statute 316.305, known as the Wireless Communications while driving law, prohibits drivers from manually typing, sending, or reading text messages, emails, or instant messages while operating a vehicle.
Additionally, Florida Statute 316.306 requires hands-free operation of wireless devices in designated school zones and active work zones. Drivers caught violating these laws face fines and points on their driving record.
Yet these statutes do not mention food or beverages. The Florida Department of Transportation recognizes that various activities can distract drivers, including eating, talking to passengers, attending to children, and adjusting the radio. While these activities are not technically illegal on their own, they can lead to citations under other traffic laws if they cause dangerous driving behavior.
How Eating While Driving Can Have Legal Consequences
Even though Florida has no specific laws against eating while driving, you can still face legal consequences if eating causes you to drive carelessly or recklessly.
Florida Statute 316.1925 requires all drivers to operate their vehicles with “due care” and in a manner that does not endanger others. If an officer observes you eating while driving and your eating causes you to drive in an unsafe manner, you can be cited for careless driving.
A careless driving citation can result in fines of up to $500 and points being added to your driver’s license. For a first offense, you could face up to 90 days in jail. Subsequent offenses carry even harsher penalties, including up to six months in jail and a $1,000 fine.
Factors that may be considered when determining whether eating while driving constitutes careless driving include:
- The extent of distraction. Taking both hands off the wheel or taking your eyes off the road for extended periods significantly increases your risk of a citation.
- Road conditions. Eating while driving becomes more hazardous in heavy traffic, adverse weather conditions, construction zones, or school zones. Officers are more likely to cite drivers for careless driving in such situations.
- Accidents or near misses. If your eating causes an accident or close call with other vehicles or pedestrians, you’re far more likely to receive a citation. Witness statements, skid marks, or other evidence indicating that food distraction played a role in the incident can support a charge of careless driving.
- Observable driving behavior. Weaving between lanes, sudden braking, inconsistent speed, or failure to respond to traffic signals can all indicate that you’re not paying proper attention to driving.
Contact Rosen Injury Law Today
If you have been injured in an accident caused by someone eating behind the wheel or otherwise driving distracted, you may be entitled to compensation for your damages. The injury lawyers at Rosen Injury Law can help you secure maximum compensation.
Call (954) 787-1500 or visit our contact page to schedule a free consultation to discuss your claim.