Alejandro Figueroa | May 21, 2022 | Florida Law
No state in the U.S. has a law that specifically prohibits eating while driving. So it is not illegal to eat while driving in Florida. But you could still face legal consequences for any harm or damage you cause while eating and driving.
Eating is one of the most distracting activities you can perform while driving. Eating could occupy your eyes, hands, and mind, depending on what you eat. As a result, your odds of getting into a car accident increase substantially.
Read on for an overview of the laws that apply to eating and driving in Florida.
Traffic Laws that Could Apply to Eating While Driving in Florida
Florida has a law that prohibits distracted driving. But the law only applies to distractions caused by electronic devices. You cannot violate this law by eating while driving.
But Florida’s careless driving law can apply to eating and driving. To get a ticket for careless driving, you must have failed to drive carefully and prudently and, as a result, endangered life, limb, or property.
The cause of your careless driving does not matter. Whether it results from eating, dozing at the wheel, or goofing around, an officer writes a careless driving citation based on the effects of your driving.
So Florida law does not prohibit eating and driving specifically. But it does outlaw driving carelessly as a result of eating while driving.
If you get convicted of careless driving, you will pay a fine of $60 and have three points added to your driving record. But you will not serve any jail time.
Criminal Laws that Could Apply to Eating While Driving in Florida
Eating and driving could expose you to jail time if you drive recklessly. Reckless driving happens when you drive with willful or wanton disregard for the safety of others.
The facts will matter to a judge or jury deciding whether you drove recklessly. Eating and driving, by itself, might not constitute a willful or wanton disregard for others.
But eating and driving might exhibit wanton and willful disregard when:
- Driving in a school zone
- Speeding
- Driving while intoxicated
- Driving in heavy traffic
These situations require additional attention and care while driving to prevent distraction. Eating while driving in these situations might show your disregard for the safety of others.
A first conviction for reckless driving could land you in jail for up to 90 days. If you damage property or cause a minor injury due to reckless driving, you could go to county jail for up to one year. If you cause a serious injury, you could get a prison sentence of up to five years.
Prosecutors could charge you with reckless driving and vehicular homicide if you kill someone. A conviction for vehicular homicide could put you in state prison for up to 15 years.
Civil Liability for Eating While Driving in Florida
In most cases, a police officer will not arrest you for reckless driving after a car accident caused by eating while driving. Recklessness requires fairly egregious conduct that does not exist in a typical distracted driving crash.
Depending on the circumstances, a police officer might not even cite you for careless driving. But you could face civil liability for the damages arising from the crash.
Proving negligence is easier than proving carelessness or recklessness. To prove a traffic violation or crime, a prosecutor must prove that you intended to take the illegal action. With careless and reckless driving, they must show that you knew the dangers of eating while driving and did it anyway.
Negligence does not require proof that the driver intended to cause an injury or harm. Instead, a personal injury lawyer must prove that a reasonable driver would have known the dangers of eating while driving.
If you failed to drive in a reasonably prudent way under the circumstances, you acted negligently regardless of your intent. As a result, eating while driving could expose you to liability for any injuries and property damage you caused.
Contact Our Car Accident Law Firm in Tampa, FL
If you’ve been injured in an accident in Tampa, FL, and need legal help, contact our Tampa car accident lawyers at Catania & Catania Injury Lawyers to schedule a free consultation.
Catania & Catania Injury Lawyers
Bank of America Plaza
101 E Kennedy Blvd #2400
Tampa, FL 33602
(813) 222-8656
We also provide legal assistance throughout the Tampa Bay Area including Clearwater, St. Petersburg, Sarasota, and Bradenton.
