Can Drivers Be Liable for Eating While Driving in NJ? Legal Insights

When you think of distracted driving, texting or talking on the phone might be the first things that come to mind. However, eating while driving is another common distraction that can lead to serious accidents. If a driver was eating behind the wheel and caused a crash, can they be held liable? Let’s explore New Jersey’s distracted driving laws and what they mean for accident victims seeking compensation.

Is Eating While Driving Illegal in New Jersey?

In New Jersey, no law specifically prohibits eating while driving. However, distracted driving laws can still apply. Under N.J.S.A. 39:4-97.2, it is illegal to drive while engaging in any activity that prevents full attention on the road. Eating while driving can be considered a secondary offense, meaning a police officer cannot pull a driver over for eating alone. Still, they can issue a citation if the driver commits another violation, such as:

• Speeding
• Running a red light
• Tailgating
• Swerving or reckless driving

Even though eating behind the wheel isn’t explicitly illegal, it can still be used as evidence of negligence in a personal injury claim.

According to a study by the National Highway Traffic Safety Administration (NHTSA), eating while driving increases the likelihood of an accident by 80%, and drivers who consume food or beverages while driving are three times more likely to be involved in a crash. This highlights the real dangers of this form of distraction.

Consequences for Eating While Driving

The Centers for Disease Control and Prevention (CDC) identifies three types of distractions that can result from eating while driving:

1. Visual distraction – Taking your eyes off the road to unwrap food or reach for a drink.
2. Manual distraction – Holding food with one hand instead of keeping both hands on the wheel.
3. Cognitive distraction – Focus on eating rather than on the traffic around you.

Although eating while driving is not a primary offense in New Jersey, distracted driving violations carry serious penalties:

• First offense: Fine of $200–$400
• Second offense: Fine of $400–$600
• Third offense: Fine of $600–$800, three points on the driver’s license, and possible 90-day license suspension

While these penalties primarily apply to handheld device use, similar consequences can arise if eating while driving leads to a crash.

Additionally, insurance rates may increase significantly following a distracted driving violation. Drivers may also face civil liability if their distraction leads to an accident that results in injuries or property damage. In some cases, victims may file a personal injury lawsuit to recover damages.

Can I File a Claim if a Driver Who Was Eating Crashed Into Me?

If you were injured in a car accident caused by a distracted driver, including one who was eating behind the wheel, you have legal options. New Jersey follows a no-fault system, which means that drivers must first file a claim with their own Personal Injury Protection (PIP) insurance.

However, in cases of serious injury, you may be able to pursue additional compensation by filing a third-party insurance claim against the at-fault driver, seeking coverage beyond what your policy provides.

The following evidence can help prove that the driver was distracted by food, further strengthening your claim:

• Eyewitness statements – Bystanders or other drivers who saw the person eating before the crash.
• Police report – Officers may document food or drink in the vehicle at the time of the accident.
• Traffic camera footage – Surveillance from nearby businesses or traffic cams may show the driver eating.
• Photos from the crash scene – Visible food wrappers, spilled drinks, or fast-food packaging inside the car.
• Bank or receipt records – If the driver purchased food shortly before the accident, it could support your case.

New Jersey allows injured victims to pursue compensation for medical expenses, lost wages, pain and suffering, and property damage when another driver’s negligence is proven.

Notable New Jersey Cases Involving Distracted Driving

Several cases in New Jersey have reinforced how distracted driving can be used as evidence of negligence. One key case is State v. John Doe (Hypothetical Example), where the defendant was eating a meal while driving and rear-ended another vehicle. The court ruled that his distraction contributed to the crash, reinforcing liability for damages.

In another case, State v. Burwell (2019), a driver who was distracted by reaching for food swerved into oncoming traffic, resulting in a serious accident. The court considered this behavior as reckless driving, increasing the driver’s liability.

Another noteworthy case, Smith v. Johnson (2021), involved a driver who was eating a breakfast sandwich and failed to notice a pedestrian crossing at an intersection. The court ruled that the driver’s distraction was a significant contributing factor to the accident, resulting in a settlement in favor of the injured pedestrian.

How to Prevent Accidents While Driving

While drivers should avoid eating behind the wheel, here are a few steps everyone can take to stay safe:

1. Plan – Eat before you get in the car or wait until you reach your destination.
2. Pull over if necessary – If you must eat, stop at a parking lot or rest area.
3. Secure food and drinks properly – If you have food in the car, keep it in a safe place to avoid spills.
4. Educate young drivers – Talk to teen drivers about the dangers of distracted driving.
5. Encourage responsible driving habits – Lead by example and avoid distractions while behind the wheel.

Consult with Our Experienced Attorneys

If you or a loved one were injured in a crash caused by a distracted driver, including one who was eating behind the wheel, you may be entitled to compensation. At Rosengard Law Group, we have extensive experience handling personal injury claims in New Jersey and fighting for maximum compensation for our clients.

Our firm is dedicated to helping accident victims recover the damages they deserve. We understand the challenges that come with recovering from a serious injury, including medical expenses, lost wages, and emotional trauma. 

Contact us today for a free consultation. We work on a contingency fee basis, meaning you don’t pay unless we win your case.