Apple sued by parents of girl killed by a driver using FaceTime

During the first half of 2016, U.S. highway deaths have increased by more than 10%, and a primary reason to blame is distracted drivers with mobile devices. The issue has now brought a legal case to one phone manufacturer.

Apple, the creator of the iPhone, is facing a lawsuit on allegations that its FaceTime app is to blame for the highway death of five-year-old Moriah Modisette. On Christmas Eve 2014 in Denton County, Texas, a man hit the Modisette family’s Toyota Camry that was stopped in traffic southbound on Interstate 35W. Police noted that the driver was using the FaceTime application and never saw the brake lights up ahead. Aside from the tragedy, father James, mother Bethany, and daughter Isabella all suffered non-fatal injuries during the crash.

Now, the Modisette family is suing Apple, saying the company should pay damages for the wreck. The family noted that Apple had a responsibility to warn motorists against using the app and it should have patented the technology to prohibit drivers from using it.

The suit filed in Santa Clara County Superior Court stated:

Plaintiffs allege APPLE, INC.'s failure to design, manufacture, and sell the Apple iPhone 6 Plus with the patented, safer alternative design technology already available to it that would automatically lock-out or block users from utilizing APPLE, INC.'s 'FaceTime' application while driving a motor vehicle at highway speed, and failure to warn users that the product was likely to be dangerous when used or misused in a reasonably foreseeable manner and/or instruct on the safe usage of this and similar applications, rendered the Apple iPhone 6 defective when it left defendant APPLE, INC's possession, and were a substantial factor in causing plaintiffs' injuries and decedent's death.

The patent referenced above was issued by the U.S. patent office in April 2014, and was designed to provide a “lock-out mechanism” that prevents iPhone users from accessing it while driving. The patent states that a “motion analyzer” and “scenery analyzer” prevent the phone from being used. However, the accuracy of the tool is now in question.

According to the patent, the motion analyzer can detect whether the handheld device is moving beyond the predetermined level. The scenery analyzer decides whether the computing device is being held within a safe operating area of the vehicle. The lock-out feature can disable one or multiple functions of the handheld device based on the output of the motion analyzer, as well as authorize services depending on the results of the scenery analyzer.

While Apple has yet to comment on the lawsuit, it has stated that drivers are responsible for their conduct.

Garrett Wilhelm, the driver who smashed into the Modisette’s vehicle, has been charged with manslaughter.

Source: Ars Technica