816-326-2968When people think of distracted driving, they often picture someone texting behind the wheel.
But distraction takes many forms — and some of the most common involve everyday habits like eating a snack or fixing your hair. In Missouri, these seemingly harmless actions can have serious legal consequences if they lead to an accident.
If you’ve been injured in a crash caused by a driver who was eating or grooming instead of paying attention to the road, you may have a legal case. In this blog, we’ll explain how Missouri law views these behaviors, why they’re dangerous, and how to hold a negligent driver accountable.
What Is Distracted Driving?
Missouri law defines distracted driving broadly — it includes any activity that diverts attention away from the task of driving. Distractions are categorized into three types:
- Visual – Taking your eyes off the road
- Manual – Taking your hands off the wheel
- Cognitive – Taking your mind off driving
Eating a cheeseburger while steering or checking your reflection in the mirror to apply makeup may not seem as risky as texting, but they can involve all three types of distraction.
Examples of Eating and Grooming Behaviors That Distract Drivers
Here are some common actions that can create danger behind the wheel:
- Eating fast food or drinking coffee
- Unwrapping food or reaching for napkins
- Putting on makeup or fixing hair
- Adjusting clothing or accessories
- Flossing, shaving, or using an electric razor
While Missouri does not have a law that explicitly prohibits eating or grooming while driving, drivers are still legally required to operate their vehicles safely and without distraction. If these behaviors lead to a crash, the legal consequences can be significant.
Missouri’s Distracted Driving Laws
Missouri’s Siddens Bening Hands-Free specifically addresses handheld electronic devices, making it illegal to manually use a phone while driving. However, non-electronic distractions like eating or grooming are still covered under general traffic laws.
Legal Risks for Drivers Who Eat or Groom Behind the Wheel
If a driver is found to be eating or grooming at the time of an accident, they may face several types of legal consequences:
1. Traffic Citations
Police officers may issue citations for:
- Careless or imprudent driving
- Failing to maintain control of the vehicle
- Following too closely or running a red light
These citations can result in fines, points on the driver’s license, and higher insurance premiums.
2. Civil Liability in an Accident
If the distracted behavior caused a crash, the driver may be held financially responsible for any resulting injuries or damages.
Victims may pursue a personal injury claim seeking compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
The key is proving that the driver’s actions were negligent — and that the distraction (e.g., applying lipstick or eating a sandwich) directly led to the collision.
3. Increased Fault in Comparative Negligence Cases
Missouri follows a pure comparative fault system, meaning each driver’s share of fault reduces their ability to recover damages.
If a driver was partially at fault for an accident but was also caught grooming or eating, they may be assigned a higher percentage of liability — potentially reducing or eliminating their compensation.
4. Punitive Damages in Severe Cases
In extreme cases — such as high-speed crashes caused by willful or reckless distractions — a judge may award punitive damages. These are meant to punish the driver and deter others from similar conduct.
How to Prove the Other Driver Was Eating or Grooming
Proving this type of distraction requires gathering strong evidence, which may include:
- Witness testimony – Passengers or bystanders may have seen the behavior
- Police report – Officers might note food containers, grooming tools, or driver statements
- Photos or videos – Dashcam or surveillance footage can confirm distracted activity
- Physical evidence – Items like spilled drinks or open food wrappers found in the car
- Admission by the driver – Some drivers openly admit to what they were doing before the crash
An experienced personal injury lawyer can help secure this evidence quickly and use it to build a solid case.
What to Do If You’re Injured by a Distracted Driver
If you suspect the other driver was eating, grooming, or otherwise distracted, take these steps:
- Call 911 and report the accident immediately.
- Tell the officer if you saw the driver eating or using a mirror before the crash.
- Take photos of both vehicles and the scene. Look for visible signs of distraction (e.g., fast food bags).
- Get medical treatment, even for minor symptoms — this protects your health and your legal claim.
- Don’t speak to the other driver’s insurance company without legal advice.
- Contact a personal injury attorney to investigate the case and preserve evidence.
Why Legal Representation Matters
Holding a negligent driver accountable for non-electronic distractions like eating or grooming can be more challenging than proving texting or phone use. Insurance companies may argue that the distraction wasn’t serious or that it didn’t contribute to the accident.
A personal injury attorney can:
- Investigate the crash scene
- Subpoena video or witness evidence
- Prove negligence through traffic laws and expert analysis
- Negotiate or litigate for the compensation you deserve
Eating and grooming may seem like harmless multitasking, but behind the wheel, they can be deadly distractions. Missouri drivers are expected to maintain full control and attention while operating their vehicles. When they don’t — and an innocent person gets hurt — they must be held accountable.
If you’ve been injured in an accident caused by a distracted driver, Aramjoo Law Firm is here to serve you. Contact us today at (816) 479-5898 or online to schedule your free consultation.