If one is paying attention to their mirrors, its virtually impossible for one to get into one's blind spot without being noticed.
Unless texting is more important.
I interpret tuning one's head means they are not looking where they are going.
Kinda hard to defend/explain a rear end accident.
If you are following so closely that a quick glance to check your blind spot results in a rear ender you need to not be driving.
Checking your blind spots predates texting, by decades. Nice strawman though.