Do you ask him/her to stop?
I took an Uber with DD (3.5) today and the driver was constantly on his phone, checking his texts and texting at least once, refreshing his email, and checking a third, twitter like App. Every minute or so, including on the highway. 20 minutes into the drive, I couldn’t take it anymore and asked him to stop. He didn’t realize I could see everything he was doing and lied about needing to check directions.
Would you have said something sooner?