Cell phone usuage: if a person was using a cell phone and was in anaccident?

yes yes yes using a cell phone while driving falls under reckless driving but also would depend on if they caused the accident say some one pulled out in front of them then more then likely they would not get charged

I don't think it is against any law to talk and drive where I live, but I would think that soon some laws will be made to address this issue. I sometimes find myself driving and talking, like when I need directions or am running late or just am bored. Its probably a bad idea, but since it isn't illegal, I will probably keep doing it. Another danger, is zealous people driving around looking to see if other drivers are on their cell phones instead of keeping their eyes on the road.

It's not the phone's fault. Sheesh! When driving a car, you need to pay attention to what you are doing. If you become distracted though your own fault (using a cell phone, eating, arguing with a passenger, putting on makeup -- the list is almost endless) then you should be charged appropriately even if the law does not specifically prohibit using a cell phone while driving. It's called "Failure to use due care and attention."

if someone died, yes. if not, no. its the cell phones fault.