Apple Inc. is being sued by a couple whose 5-year-old daughter was killed due to a car crash. The accident occurred when the SUV crashed into the rear of their car at speed. The driver is claimed to be using Apple’s popular app, FaceTime.
As claimed by the BBC, the driver of the SUV was using FaceTime when the accident happened. The lawsuit claims that Apple should have introduced a feature that disabled the use of video-chat application while the owner is driving. It leads to a patent for such feature for drivers filed by Apple back 9 years ago.
In December 2008, Apple filed a protection license in which would allow the company to disable key features of every user’s iPhone when it is detected that he/she is driving, according to Forbes. Apple has never actioned the patent though and is under no obligation to do so. However, it’s the fact it’s possible that has inspired this filed lawsuit by the couple.
The Story Of The Accident That Killed 5-Year-Old
On December 24, 2014, Bethany and James Modisette were driving near Dallas using their Toyota Camry with their 2 daughters, Moriah and Isabella, in the back seat of the car. Due to some police activity on the road ahead that time, traffic had all but stopped them.
However, behind the Modisette family, was Garrett Wilhelm who failed to notice that the cars around him had slowed. The Morissette’s claim that’s because he was FaceTiming with someone on his Apple iPhone. Wilhelm’s Toyota 4Runner collided with the Modisette’s Camry doing 65 miles per hour, causing the sedan to weave forward and rotate 180 degrees. The 4Runner then hit the Camry again, with the SUV driving up and over the range of the driver’s side of the car.
Father James Modisette, who was driving the sedan, and Moriah, who was seated behind him, were both rushed to medical facilities, but unfortunately, the 5-year-old daughter died from her injuries shortly thereafter. At the scene, Wilhelm said to the police that he’d been speaking with someone on his gadget using FaceTime at the time of the crash. When the police found the iPhone, FaceTime was still open.
My Own View
As for my own view, Wilhelm has the biggest responsibility for the crash accident. Apple’s FaceTime aside, he rear-ended the Modisette’s car, which would be a pretty clear as the indicator of his liability. The fact that Wilhelm was distracted by the app and failed to brake the car before hitting the Morissette’s only makes the effects of his actions that much more severe and tragic.
By Monica U Santos , Jan 03, 2017 10:46 PM EST
Do you think that Apple should be sued in this tragic case?