TWI, more dangerous then DWI?

I had a bit of car trouble today, a flat tire. My son was kind enough to fetch an air bubble and bring it to the rental I was working on, then follow me to the tire store.
About three quarters of the way there, we approached a construction zone. We had to go around a truck waiting to make a left, then pull back into the left lane, and stop. As we sat waiting for traffic to advance, I called my son to see if all looked OK from his vantage point.
As we spoke, he suddenly blurted out, "Oh shit, oh fuck, oh NO!"
I looked in my driver side mirror. He was not readily visible, but the approaching car was. The young lady was coming at us, not slowing, and was looking down and to her right. Texting maybe?
She braked at the last moment, but too late to avoid the crash. He wound up in the ER with possible cervical injuries. Nothing broken, but he has a whopper of a sore neck right now.
When will the cell phone providers start acting responsible since their clients seem unable to? When will lawmakers act?
I am a hyper vigilant driver. Having seen too often what can befall someone in a moments distraction, I keep my eyes peeled. In the past nine months I have narrowly avoided accidents with texters on three occasions. That is too much. Two of the last three railroad disasters have been caused by texters. How many car collisions have been caused by people distracted by this moronic craze? It can take a dozen or more test messages to conduct a one minute conversation, Why not call? Yes its distracting, but its less distracting then reading a two page letter on a 1.5 X2 inch screen.
#1 change, script in the operating system code that shuts the cell off completely and requires an administrator reset if texting is attempted when the phone is moving more then five miles per hour. A minimum tax on said admin reset of $25. Make the same change block all incoming messages when the phone is in motion as well, or allow only a blank screen.
State imposed fines of $100 for a first offense, $250 for a second, and $1000 for a third accompanied by a life time block from having a cell phone after the third.
Am I nuts? Well, I am, but that's not the point.