April is National Distracted Driving Awareness Month. While texting and driving tends to be the focus of this month or any other discussions about distracted driving, there are many other ways that a driver can become distracted while operating a vehicle. An accident while eating and drinking and driving is also common.
Here are a few other ways drivers can become distracted:
- Talking or texting on a phone
- Adjusting the radio or other music devices
- Talking to passengers
- Grooming in the mirror
- Reaching for objects on the floor or in the backseat
- Turning to look at children or pets in the back
Eating and drinking while driving is just as common as texting and driving and can have just as severe consequences. Yet people continue to eat and drink in their cars while driving as if it is no big deal. Unfortunately, it is not as easy to hold someone accountable for eating and driving as it is texting and driving or driving while drunk, as there aren’t any specific or strict laws against eating food while operating a vehicle.
However, eating while driving is considered a distraction, and Kentucky does have laws about distracted driving. Suing someone for causing an accident while eating and driving may not be easy, but it is not impossible. If you are injured in an accident by someone who was distracted while eating, you will need to work with an experienced attorney who thoroughly understands distracted driving laws and how to hold the guilty party accountable.
Kentucky Distracted Driving Laws
Kentucky is ranked as one of the top five states for distracted driving, so drivers in this state need to take extra precautions to avoid causing or being the victim of a distracted driving accident. While many people assume that distracted driving is simply a bad habit, it is actually a negligent, illegal act.
Essentially, any act that distracts a driver from the road and what they are doing is considered distracted driving, and they can be held liable for their negligent actions. According to distracted driving laws, there are three categories of distracted driving:
- Visual: A distraction that causes you to take your eyes off the road
- Manual: A distraction that causes you to take your hands off the wheel
- Cognitive: A distraction that causes you to take your mind off the road and your driving
Again, there are many ways a person can be distracted while driving, and eating is one of them. Though a person is not likely to be pulled over and ticketed simply because they are eating a sandwich or drinking a soda, if they become distracted by these things and start losing focus or driving erratically, they could be held liable for distracted driving.
The Dangers of Accident While Eating and Driving
Though many people eat and drink while driving daily all across the country, it is not recommended and should not be viewed as a harmless, commonplace action. Of course, no one typically intends to eat while driving. It is usually something that happens because we are in a rush and don’t have time to stop and eat. However, some foods are easier to eat on the go than others, and all foods, in general, could cause someone to become distracted while driving.
The reasons eating while driving is so dangerous include the following:
- It requires removing your hands from the wheel. Most people try to hold their food in one hand while driving with the other, but this means they can’t react as easily if something happens and they need to turn the wheel.
- Often, people who eat while driving will continuously take their eyes off the road to look at their food and will pay more attention to what they are eating than to their driving. And the more you take your eyes off the road, the more likely you are to cause an accident.
- It causes their mind to be elsewhere. When eating while driving, a person tends to think about their food and how best to eat it while driving, when instead, they should be thinking about the road and their driving actions. It takes only a split second to cause an accident, such as a rear-end collision, so the road and your driving should always be your main focus.
Recovering Compensation After an Accident While Eating and Driving
In many cases, the person who causes an accident is the one who will be held liable. So if someone was eating while driving and their distraction was the direct cause of the accident, you would generally file a claim against their insurance company, and they would then award you a settlement for your damages, such as your medical expenses.
However, Kentucky operates under a no-fault system, which means most people who are injured in an accident will first go through their own no-fault personal injury protection (PIP) coverage to recover compensation. PIP benefits through your own auto insurance policy will cover up to $10,000 for medical bills, lost wages, and other potential out-of-pocket expenses.
If you opt out of the no-fault coverage, you could go after the guilty driver’s insurance, which could cover slightly more than the PIP benefits depending on the policy limit the driver paid for. In Kentucky, minimum liability coverage is:
- $25,000 per person in a single-car accident
- $50,000 for all injuries from a single-car accident
- $10,000 for property damage
If you opt out of PIP benefits or if the driver’s liability coverage is not enough, you may be able to pursue a lawsuit against the at-fault driver. However, legal proceedings are more challenging to navigate, and it could open you up to a lawsuit in return if the other driver tries to claim that you are also at fault. If you want to pursue a lawsuit, it is best to get in contact with a local attorney who can advise you on your best options moving forward.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
Recognized as one of Central Kentucky’s best law firms for over a decade and counting, McCoy & Sparks represents thousands of clients with a focus on providing premium service and delivering superior results. If you are injured in an accident caused by someone who was eating while driving, we can review your case and walk you through your options to ensure the best possible outcome.
You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.