Does everyone see the irony regarding the ongoing conversation about whether laws should be enacted prohibiting use of a cell phone or texting while driving, and who would be determined to be at fault should there be a traffic accident?
If a person is engaged in "small talk" and discussing "family things" while driving through a residential neighborhood, and is involved in a deadly collision, they undeniably may have been so distracted they were paying no attention to other traffic activity. The other driver involved in the accident would surely use that fact to the best of their ability (or their lawyer's ability) to try to diminish their culpability, even if they were also driving recklessly.
A valuable but heart-wrenching lesson can be learned. It may seem callous and cold-hearted to express it, but even casual conversation on a cell phone while driving can result in tragedy. The driver-talker/texter may not be the one at fault, but if they do not have their entire attention on the traffic conditions, they may end up being a casualty.