Is It Illegal to Eat and Drive in Texas? What You Need to Know

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Written and Reviewed by Angel Reyes

Published on February 2025

Managing Partner at Angel Reyes & Associates
Over 30 Years of Experience in Personal Injury
Graduated From the University of Michigan Law School: Juris Doctor

Photo of a Driver Eating While Driving

Is eating while driving illegal in Texas? While there are no specific Texas eating and driving laws, this action is considered distracted driving by Texas law. Some liken this action to using a mobile phone as it puts other drivers in danger. 

If you regularly eat while behind the wheel, you should put down the food and think of your safety. At Angel Reyes & Associates, our Dallas, Fort Worth, Houston, and Austin attorneys are committed to providing 5-star service to those who have been injured in accidents. In this blog post, we aim to save lives by revealing how dangerous it is to eat while driving a car and explaining the consequences of these actions. 

Understanding Distracted Driving in Texas

Distracted driving is a major threat to roadway safety, resulting in car accidents that cause thousands of injuries and fatalities every year. While eating might seem harmless, it is a form of distracted driving that can impair a driver’s ability to safely operate a vehicle.

When a driver takes their hands off the steering wheel for any reason, it is a manual distraction that can affect their ability to react to a danger in time. Other distractions are visual, which cause a driver to take their eyes off the road. Some are cognitive, taking the driver’s mind off the task of driving.

Distractions can even be a combination of visual, manual, and cognitive. These may include texting, eating, drinking, talking to passengers, applying makeup, shaving, checking the navigation system, changing the radio station, and daydreaming. 

Texas Laws on Eating and Driving

Texas law does not specifically state that eating while driving is illegal, but it can be seen as a form of reckless driving, which may lead to fines or jail time. Reckless driving is defined by the law as driving in any manner that endangers others or oneself, and it can be punishable as a misdemeanor.

A driver who is eating behind the wheel can be guilty of an infraction if the distraction causes them to break a traffic law. Examples of when a driver breaks the rules of the road are if they are speeding, making unsafe lane changes, failing to come to a complete stop at a red light, or engaging in other reckless driving actions such as tailgating.

A police officer cannot stop a driver just for eating and driving in Texas. However, a driver who commits an infraction and exhibits impaired driving abilities while eating will likely receive a ticket.

The Risks of Distracted Driving

Distracted driving is the root cause of many car accidents in Texas, resulting in injuries and fatalities. When you think of driver distraction, you may picture someone who is texting while driving as a prime example.

The fact remains that anything that causes someone to focus on anything other than driving while they are behind the wheel is a danger to the safety of every person on the road.

Anything can happen in just seconds, and with a distraction, there is no time to act to avoid catastrophe.

Distracted Driving Behavior

Drivers can experience distraction cognitively, manually, or visually, and eating while driving checks the boxes for all three types of driver distraction.

Eating and driving can take a driver’s eyes off the road as they look down into their bags of food or unwrap food wrappers. It takes their hands off the wheel while holding food or drinking from their beverage containers, possibly causing an accident. Even grabbing one french fry from the bag is a dangerous action that could result in lives lost. 

Texas law may not make eating illegal while driving a motor vehicle even though the potential to cause disaster in the same way as someone who has been drinking and driving is high. The dangerous maneuvers distracted drivers make, like failing to yield the right of way or making unsafe lane changes by drifting into the adjacent lane, need to be understood by all to avoid another tragedy. 

Consequences of a Distracted Driving Accident

The biggest consequence of a distracted driving accident is that it can cause injury and death. When someone isn’t fully focused on driving, their vehicle becomes a weapon that can destroy everything in its path. 

These accidents will likely result in increased insurance premiums, and the at-fault driver will be held responsible for the damages they’ve caused to the injured party. They may face criminal charges through the criminal justice system and wind up with a jail sentence. They could also be held liable under Texas civil law in a car accident lawsuit.

Preventing Distracted Driving Accidents

It might not be illegal outright, but you do not want to be known as the distracted driver who took the lives of others because you couldn’t wait to eat. If you’re hungry, pull into a parking lot to eat. You can also park and take a few bites if you’re really hungry, then head home or back to your office to finish the rest. 

Additionally, make sure you avoid other forms of distraction, including texting on your phone or talking to your passengers. None of these actions are worth the risk. 

Solutions to Eating and Driving

Instead of eating while driving, take your time to park and enjoy burgers, fries, and milkshakes without risking a ticket or an accident. You can take your time rather than try to eat as fast as possible and have conversations without worrying about not paying attention while driving. 

You could also eat before or after driving, rather than during the journey. Another option is to find a restaurant or fast-food chain that offers drive-in services, which can allow drivers to eat while parked.

Fast Food and Eating On the Go

Fast food is a tempting option when driving, especially with the smell of food wafting through the car. It may be too hard to resist, but it is still a distraction. It might not be illegal as per the law in Texas, but it can be just as dangerous as drinking and driving. 

Proving Liability for Distracted Driving

A driver can be held liable for a car accident if they are guilty of negligence, which is a breach of their duty of care to other drivers. Eating while driving is certainly a type of distraction since it takes the driver’s eyes off the road and their hands off the wheel. 

If you were injured in a car accident involving a driver who was eating while driving, the evidence you gather can help prove that they were at fault. In order to hold them liable for causing the accident by eating while driving, take photos and videos of available evidence and obtain eyewitness statements. Someone may have seen the other driver eating while driving or drinking from a large soft drink container.

Since your injuries may be serious and modified comparative negligence rules in Texas may mean that the other party tries to place some or all of the blame on you, you should consult with an attorney who can help advocate for your best interests.

Penalties for Distracted Driving

Even if you haven’t been in an accident, you should avoid these types of behaviors. If you were the victim of this negligent type of action in Texas, contact Angel Reyes & Associates to schedule a free initial consultation with an attorney who can help.

If you have been injured in a car accident, you need an experienced car accident lawyer specialist to protect your rights against insurance companies dedicated to minimizing your claim and compensation!

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