What happened to your libertarian tendencies? Has the sweet, sweet taste of socialism enticed you?:lgh2It's an odds game. Would you support driving drunk being legal, since most people who drive drunk do indeed get there without causing a crash?
There's a risk in driving -- even if you're sober and careful and paying attention, you might crash and die. Even if you're drunk and careless and on the phone, you'll probably get where you're going. But the chances you are taking are different; in the latter case you are risking the lives of yourself (which you have the right to do), and more importantly, other people (which you do NOT have the right to do) unnecessarily and unacceptably.
It's not the "mistakes"; it the FACT that driving while phoning, or drunk, or otherwise impaired, is irresponsibly dangerous to other people. NO ONE drives as well when impaired by these things as they do when paying proper attention. Driving while phoning, due to the way our brains function, is a b***** distraction than most, and studies show it to be equivalent in impairment to driving at the legal limit of drunk -- about FOUR TIMES the risk of driving responsibly.
So yes, the action should be condemned, as it is inherently hazardous to others, and thus falls under "lack of due care", or dangerous negligence.