Just for clarifications sake, please tell me what is a basic human right? Is freedom of movement a basic human right? In some places of this country (the US) there is no public transit, there are no local airports in walking distance. The nearest store can be miles away. In many places such as rural areas there is a necessity of mobility to survive and cars are the only choice that makes sense in that matter.
Before you say biking, lets use the case of a wheelchair bound paraplegic who relies on their automobile to get from point a to point b as a necessity to live. Does it not then become a right? At what point exactly does a privilege, which by definition is not necessary to live, become a basic human right? And if you agree that in certain circumstances what most people consider a privilege would become a right when it starts infringing on a person's ability to live, then what about your notions about taking away that privilege? Do you deny a person's right to life freely?
The second part of my argument is in the false notion that somehow having a phone in the car, whether near or being held or strapped to someone's head somehow, according to you, and in-arguably affects a person's ability to drive. I personally believe that being distracted is the main cause of issues, cellphone or not. This list of distractions includes the radio, climate control, children in the car, being late, obtuse traffic signs, unfamiliarity with the surroundings, being sleepy, driving for too long, reading, applying makeup, accidents on the side of the road, flashing lights, advertisements, good looking women, etc. How many laws have been passed for those things? Before cellphones penetrated the general public, you're saying accidents didn't exist or were way down statistically? I find nothing of the sort. The same people who are easily distracted and bad drivers are the ones using their cellphones and making bad decisions. Yet all this talk about licenses for drivers and regulating it does not take into account how bad of a driver a person is. Everyone is treated the same whether or not someone has a perfectly clean driving record or has totaled 18 cars in their lifetime.
Given this unwritten social contract of driving (considering when i started to drive there weren't anything of the sort such as breathalyzers, but apparently in my lifetime failing to take one is the same as being guilty), i find it highly unlikely that anyone has silently agreed to give up their rights when driving.