Can you get a ticket for eating while driving a car in Texas? Here’s the law

Distracted driving accounts for nearly 1-in-5 accidents annually, and one of the ways you can be distracted is eating while behind the wheel.

While eating while driving is not in and of itself illegal in Texas, it can be a form of distracted driving, which is against the law. When distracted driving affects your driving abilities, you may be liable in an accident that causes injury or death.

In 2016, about 3,450 people lost their lives in distracted driving accidents. Eating or drinking while driving increases the chances of getting in a car accident by 80%, according to the National Highway Traffic and Safety Administration.

“Distracted driving is any activity that takes your attention away from driving,” the Texas Department of Transportation says. “Distractions can include anything from texting and talking on a mobile phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video, and even adjusting the radio.”

One survey found that 56.7% of Americans eat while behind the wheel. Eating while driving can be a mental, physical and visual distraction that puts you at greater risk of danger and getting pulled over. You could be pulled over and receive a ticket for reckless driving or breaking roadway rules such as making an unsafe lane change while munching on something. Reckless driving is against Texas law under Transportation Code 545.401, making it a misdemeanor crime punishable by a fine of up to $200 and/or up to 30 days in jail.

To avoid eating while driving, eat in the parking lot or before your leave your home, or institute a no-food rule and keep food out of your car, Stephens Law recommends.