Don't see why it would be necessary to prove you were using it at the time of an accident. Just that you were using it while driving. Now, they aren't likely to get that proof unless you have been involved in some negative incident (regardless of whether that incident was directly related).
Out of curiosity, if talking on phones or texting while driving is no big deal. Is there a level of distraction that does cross a line. Are TVs installed in dashboards bad?
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