What If the Other Driver Was Eating or Distracted Before the Crash in Tempe?

Distractions on the road are everywhere—texting, talking on the phone, using GPS, even eating fast food behind the wheel. In Tempe, where high-traffic intersections like Broadway and Mill can go from smooth to chaotic in seconds, distracted driving is a growing concern. But what if you’re hit by someone who wasn’t paying attention?

If the other driver was eating or otherwise distracted before the crash, it may directly impact how fault is assigned and how much compensation you can recover. Distracted driving isn’t just reckless—it’s evidence that can shift the legal outcome of your claim.

To protect your rights after a collision, it helps to understand how Arizona treats distracted driving and how a Tempe AZ car accident attorney resource can guide you through proving the distraction and getting the damages you deserve.

What Counts as Distracted Driving in Arizona?

Distracted driving is any behavior that takes a driver’s eyes, hands, or mind off the road. While most people associate it with texting, eating behind the wheel is one of the most common culprits—especially in stop-and-go traffic zones like South Tempe or while waiting at red lights near ASU.

Distractions fall into three categories:

• Visual: Looking away from the road

• Manual: Taking hands off the wheel (like holding a burger or reaching for a drink)

• Cognitive: Thinking about something other than driving

Any one of these can be dangerous. When they’re combined—such as eating a burrito while checking GPS—the risk skyrockets.

Is Eating While Driving Illegal in Arizona?

Arizona doesn’t explicitly ban eating while driving, but that doesn’t mean it’s legal if it leads to unsafe behavior. Under A.R.S. § 28-701(A), drivers must operate their vehicles with “due care” and control at all times.

If eating, grooming, or reaching into a bag leads to a crash, that behavior can be considered negligent driving, and the distracted driver can be held liable.

More notably, Arizona law does ban handheld mobile device use under A.R.S. § 28-914. If the driver was distracted by texting or scrolling while eating, that’s a clear violation.

Proving the Other Driver Was Distracted

After a crash, it’s not enough to suspect the other driver was eating—you’ll need to show evidence of their distraction. This may include:

• Witness statements from other drivers or passengers

• Surveillance footage from nearby traffic cameras or businesses

• Police report notations describing food wrappers or open containers

• Admissions by the driver at the scene (“I was just finishing lunch”)

• Photos from the crash site showing evidence of food or drinks in the car

In cases involving more serious crashes like rollovers or T-bones, investigators may review black box data to assess speed and braking patterns, which can also support your claim of distracted behavior.

Why Distraction Matters in a Fault-Based System

Arizona follows a fault-based system for car accident liability. That means if the other driver’s distraction caused or contributed to the crash, they (and their insurer) are responsible for covering your damages.

You’ll need to prove:

1. The driver had a duty of care to drive attentively

2. They breached that duty by being distracted

3. That breach directly caused the accident

4. You suffered measurable damages (e.g., medical bills, lost wages, pain)

If these elements are met, even a seemingly minor distraction—like reaching into a fast-food bag—can be the foundation of a valid claim.

Insurance Companies Push Back—Be Ready

Insurance adjusters are trained to minimize claims, and distraction-based cases are no exception. They may argue:

• The distraction had nothing to do with the crash

• You contributed to the accident too

• There’s no proof the driver was distracted

• Your injuries aren’t serious enough to warrant a full payout

This is especially common when the injury is harder to document, like soft tissue damage or emotional trauma. That's why early evidence collection is so important. Keep all crash photos, gather contact info for witnesses, and request a full copy of the police report.

What If You Were Partially at Fault?

Even if you were also doing something questionable—like rolling through a yellow light or not wearing a seatbelt—you may still be entitled to partial compensation.

Arizona follows a pure comparative fault rule. That means your compensation is reduced based on your share of fault, but not eliminated. So, if the other driver was eating and 80% responsible, and you were 20% at fault, you could still recover 80% of your damages.

Distracted Driving Is on the Rise in Tempe

According to state and city data, Tempe has seen a steady increase in distracted driving–related crashes, especially in areas with high pedestrian and cyclist traffic. Our team has created dedicated resources for high-risk zones like Downtown Tempe and Escalante, where shared road use increases the stakes.

And it's not just phones or food—many rideshare drivers, delivery vehicles, and even parking lot collisions involve people multitasking behind the wheel.

Steps to Take After a Distracted Driving Crash

If you believe the other driver was distracted before the crash:

1. Report the incident to police immediately and note anything that seemed unusual (food containers, phones, etc.)

2. Photograph the interior of both vehicles if safe to do so

3. Ask witnesses if they saw the driver eating, texting, or doing anything distracting

4. Request traffic cam footage, especially in areas like North Tempe or near commercial zones

5. Begin tracking your damages (medical bills, lost work, therapy)

If you need help assembling your documentation or responding to the insurance company, visit our legal resources for practical next steps.

Final Thoughts

Eating while driving might seem harmless—but when that inattention leads to a crash, it becomes a liability issue. If the other driver in your Tempe collision was distracted by food, a drink, or their phone, that could tip the balance in your favor when it comes to assigning fault and securing compensation.

Tempe roads are busy, unpredictable, and often unforgiving. Make sure your injury claim reflects the full story—including any careless behavior that contributed to your crash.