I get what you're saying. I've heard Libertarians make the "don't outlaw texting, just mandate stiff fines/punishments for texters who cause accidents" argument. But I personally don't think the anti-texting laws fall into the same intrusive Nanny State category as, say, taxing soda and banning excess salt.

Too many people have the "I'm a good driver. I can text and pay attention to the road" mentality as it is. If texting while driving was only punished when an accident happened; it would only make those attitudes worse. For many people I know, fear of getting a ticket is the ONLY thing that stops them from using their phone in the car.

Also, texters can avoid the fine and just lie about what caused the accident if no one actually saw them holding their phone (like I suspect Kay did).