Best Medical Malpractice & Negligence Lawyers in Fort Worth, TX

Is Eating While Driving Considered Negligence? Eating and driving is just as distracting as texting and driving. The only difference is that eating behind the wheel is not illegal. It is considered a form of negligence, though. Therefore, a driver who chows down behind the wheel may be liable for damages if he or she causes a collision. To recover compensation, you need to prove the driver was eating behind the wheel. This can be proven with the police report, eyewitness testimony or photos from the scene. The police report should have notes from the officer who conducted a preliminary investigation. Anyone who saw the collision may be able to back up your claims about the at-fault driver eating and swerving. If you were able to get photos from the scene, images of food wrappers could serve as evidence, too. If your case makes it to the discovery phase, your attorney may be able to subpoena bank records. A financial statement might show purchases at a fast-food restaurant to help prove your claim. Whatever another driver is doing that distracts him or her and results in a collision, you have the right to pursue compensation if you were injured.