>>>Only in some states but I think it will be illegal in all states eventually. It will be enforced too because states love collecting monies from fines...
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>>In Tennessee it's not illegal, but I fear you are right. I don't think the government should be able to tell me I can't talk on the phone when driving. As you have already pointed out, it's the "distracted driver" problem, not the cell phone. We already have laws on the books that deal with not paying attention, so we don't need to be writing more.
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>Say, with the state-of-the-art technology, if I saw a guy in my mirror chatting a few seconds before he rammed me, would it help to ask the investigators to pull his LUD and then sue him to infinity? IOW, would the information that he was on the phone at the time of accident, and that the phone was in the same area (specially if it's one of these new GPS enabled phones), would be proof enough that he wasn't paying attention and should pay me instead?

You could nail down the time of his phone call, but it's not a primae facia case that he was distracted by the cell phone. Enter the lawyers and the next thing you know you are getting sued for not taking evasive action!<vbg>