Jim88 wrote:
Try to think of how you would explain to the cops and the jury if they found the driver dead with her kids in car seats and then find her cell phone on floor and she was in the middle of sending a text message.
Pulling that trigger is forever.
Or you miss the distracted driver and hit one of her kids...

I have a cousin who drives like that. I think I ran out of fingers counting her accidents one year.
The only scenario I could see drawing would be if the driver was gunning for you, then after hitting you, stops, and a bunch of thugs jump out intent on finishing you off.