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Why That Hamburger May Be Relevant to Your Car Accident Case

Just moments before your accident, you noticed the other driver eating a hamburger while driving. Maybe you noticed it because it was lunch time and you were hungry, maybe the ketchup was making a mess on his white shirt, or maybe you were concerned that he seemed to be concentrating more on his lunch than on the road.

Regardless of why you noticed the burger, it is an important detail to remember as you pursue a recovery for your car accident injuries.

Because Eating While Driving Is Distracted Driving

Distracted driving is anything that takes:

  • A driver’s eyes off the road.
  • A driver’s hands off the steering wheel.
  • A driver’s attention off driving safely.

Eating while driving arguably does all three.

And Wisconsin law prohibits distracted driving. In Wisconsin, it is against the law for a driver to be “so engaged or occupied as to interfere with the safe driving of that vehicle.” One example given of the kind of behavior that interferes with safe driving is eating while driving.

What This Means to You

If you have been hurt by a distracted driver—such as the driver who was eating a hamburger at the time of your accident—then you may be able to recover damages for your injuries. However, first you have to prove that the driver was negligent or distracted at the time of your crash. Accordingly, the hamburger is a detail that you should mention to your lawyer as you begin to pursue a fair recovery for your car accident injuries.

April is National Distracted Driving Awareness Month, and distraction is not limited just to cell phone use while driving. Please share this article on Facebook or Twitter and let others know about the dangers of eating and driving, and what they should do if they’ve been hurt by a driver who was eating while driving in Wisconsin.

Jason F. Abraham
Managing Partner, Hupy and Abraham
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