I don't see how they can enforce the cell phone thing. It has been proven that both the hands free and the phone on the ear are the same distraction. People concentrate on their discussion on the phone and not their driving. It is not the fact of it in their hands since scratching your ear, or wiping sweat doesn't distract you from driving. It is the loss of concentration.
But rather than tickets and such, if it can be shown via phone records, that the driver was using their phone to text or talk, the insurance carrier should have the ability to deny claims on the individual's accident. If you cause the accident due to negligent driving, why should your insurance be on the hook for the cost? Same with driving intoxicated.
Maybe the insurance should be responsible for the other person but not the negligent driver nor his vehicle. Hit them in the pocketbook and see how things change.
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