Change and/or Modify 'Cell Phone Use Ban while Driving' to a 'Negligence' charge.

Why does someone have to die and/or get critically injured for someone to be charged due to Texting While Driving? It shouldn't have to get to that point at all. There's been too many people lost due to someone else Neglecting to do their duty behind the wheel of a motored vehicle.
Due to a driver owing a duty to everyone else on the road, and failing to see it through should be classified as Negligence.
Don't slap them on the wrist with a ticket; take them to jail and charge them with Negligence. Maybe then people will understand that we're tired of having the people we love killed or injured due to someone else not doing their duty, and refusing to pay attention.