> Yeah but can the computer be situationally aware to see the kid in the 2003 3 series bmw ahead of him on his cell phone and preemptively switch lanes when his head bobs down to send another text to the furthest lane away from him before he ever has a chance to pose a risk to you in the first place?

Probably about as much as the average driver. Hell, a lot of drivers on the road don't even notice a turn signal and get pissed that they're stuck behind a turning car in the lane.