In the US, a family has filed a lawsuit against Apple. A man was driving his car using an Apple iPhone 6 Plus when he collided with another car. He was allegedly using the FaceTime app on his Apple iPhone prior to the crash.
This incident happened in December of 2014 on Christmas Eve. A couple, James and Bethany Modisette, were driving with their 5-year-old child at the I-35W southbound in Denton, Texas. The basis of the lawsuit is that Apple was not able to implement a ?safer, alternative design? for Apple iPhone users who use the FaceTime app. It would have prevented drivers from using the app while travelling at high speeds.
The perpetrator, Garrett Wilhelm, failed to stop at the right time because he was using his phone while operating a vehicle. His SUV rammed into the back of the Modisette?s car. The AP report says?that the car was going at about 105 km/h while the Modisettes were driving at 65 kph. This led the Modisette?s car to be torn apart and Wilhelm?s vehicle to ride over the top of the Modisette?s car. According to the Associated Press, Bethany and Isabella, the Modisette?s oldest daughter, were able to escape the car while sustaining minimal injury. One the other hand, James, and Moriah, the 5-year-old, both had to be removed by rescuers as they were stuck in the vehicle after the collision.
Moriah is the name of the 5-year-old child that was killed during the devastating accident. During the accident, Moriah was strapped in a booster seat. She was flown to a nearby hospital. However, she didn?t make it.?Please go visit the family?s GoFundMe page.
Wilhelm and his Apple iPhone
Wilhelm?s Apple iPhone was recovered after the crash. Apparently, the phone was still running the FaceTime app when it was recovered and has been charged with manslaughter. However, the Modisettes hold Apple responsible. They say that the company should have created a method to prevent usage of a distracting app while in a vehicle. However, Apple has failed to implement it.
The Modisette?s complaint in their lawsuit says that its ?wrongful failure to instal and implement the safer, alternative design for which it sought a patent in December 2008? to lock out the ability of drivers to utilise the FaceTime application on the Apple iPhone while driving a motor vehicle.?
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Apple has not made a comment on the incident. Apparently, Apple?possesses a patented technology that has the ability to lock FaceTime. This is useful if the phone is inside a vehicle that is moving at high speed. This means that the company knows how dangerous it is yet fails to implement the said technology, which is ?a substantial factor in causing? the injuries sustained by the family as well as the loss they incurred.
The lawsuit was filed on the 23rd of December 2016. However, Apple has not responded to the lawsuit set forth by the Modisettes.
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