According to Newser,
Even as states crack down on drivers’ texting habits, the practice jumped 50% last year, a federal study finds. Officials standing at intersections found that almost 1% of drivers were fiddling with a handheld device at any given time, up from 0.6% in 2009. Meanwhile, a phone survey found that 18% of drivers say they’ve texted on the road; among 21- to 24-year-olds, the figure is more like half, the AP reports.
On a footbike you can almost always use sidewalks (and, of course, bike paths), according to anecdotal evidence, with the blessings of local law enforcement: The footbike is seen as a scooter and not a bicycle. (I’ve never heard from a footbiker that their ride is not allowed on their local sidewalks, when it comes up, and it does, regularly.)
Of course cars could jump curbs, but texters will tend to drift. When their wheels brush against a curb it should snap them out of their idiocy, at least temporarily.