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Trusted Contributor
Posts: 1,789
Registered: ‎06-26-2014

Re: A Tragic accident. Who is at fault?


@geller girl wrote:

@chickenbutt. Your example happened years ago in my college town.  A student on her cell phone walked out in front of a local transit bus and was killed.   She stepped off the curb as the bus was making a right hand turn.  The families lawyer sued the city, the college, the town and the driver.  I don't remember the details but it was a dragged out mess.

 


And these "messes" cost all of us more money in higher insurance costs.

Honored Contributor
Posts: 23,786
Registered: ‎05-10-2010

Re: A Tragic accident. Who is at fault?

Apple certainly isn't at fault.  Are they also suing the manufactuer of the car?  Because if the driver hadn't been driving the car, the accident wouldn't have happened.  Are they suing the county?  Because if the country hadn't built the road that the car was riding on...the accident couldn't have happened.  Are they suing the driver's parents?  Because had they not made whoopee and conceived the driver...the accident wouldn't have happened. 

Trusted Contributor
Posts: 1,892
Registered: ‎02-19-2012

Re: A Tragic accident. Who is at fault?


@geller girl wrote:

Remember the person who spilled their hot coffee while driving and sued MacDonalds.


Actully, you have fallen for the spin put on the story by industry lawyers - ashavethe restof us.  You may want to investigate the actual factshere.

 

In this case, the woman injured was a grandmother. She was not driving; she was a passnenger in a parked car.  McDonalds served coffee at 200 degrees or hotter (near boiling) and had already had hundres of reported incidents of coffee burns.  This woman received second and third degree burns, spent a long time in the hospital, had multiple surgeries, and nearly lost her life.  She only asked McDonalds for help with her out-of-pocket hospital bills, and after waiting months, they offered her very little (nowhere near her costs).  The jiry was so moved by the story, they awarded her the equivalent of two days worth of coffee sales for the restaurant chain; she later settled for much less.

 

While I am all for personal responsibility (and feel that the driver in the OP's story is the only one responsible), it is wrong to condemn people (like in the McDonald's story) when you have none of the facts.

Esteemed Contributor
Posts: 5,189
Registered: ‎03-09-2010

Re: A Tragic accident. Who is at fault?


@addymarie wrote:

@Craxyyear2021 wrote:

This story's is not worded well.

 

The Modisette family was in a stopped car that was rear ended by another vehicle.  That other vehicle was driven by a 20-year was using FaceTime and didn't notice what he was doing.

 

Obviously the 20-year old driver that hit the Modisettes was at fault, but the Modisettes did nothing wrong and their daughter was killed.  They are furious and should be.  This isn't a story of "personal responsibility" but the way the article was written, it almost reads like the Modisette parents were on Facetime and caused the accident,...that isn't what happened.


 

I understood that the driver that rear ended the family car was the one using FaceTime but you're right the story could be worded better.

 

Still I think "personal responsibility " applies to the driver using FaceTime and I don't see how Apple could be responsible here.

 

 



@addymarie wrote:

@Craxyyear2021 wrote:

This story's is not worded well.

 

The Modisette family was in a stopped car that was rear ended by another vehicle.  That other vehicle was driven by a 20-year was using FaceTime and didn't notice what he was doing.

 

Obviously the 20-year old driver that hit the Modisettes was at fault, but the Modisettes did nothing wrong and their daughter was killed.  They are furious and should be.  This isn't a story of "personal responsibility" but the way the article was written, it almost reads like the Modisette parents were on Facetime and caused the accident,...that isn't what happened.


 

I understood that the driver that rear ended the family car was the one using FaceTime but you're right the story could be worded better.

 

Still I think "personal responsibility " applies to the driver using FaceTime and I don't see how Apple could be responsible here.

 

 


This is a tragedy. Apple has very deep pockets.

Esteemed Contributor
Posts: 6,889
Registered: ‎03-13-2010

Re: A Tragic accident. Who is at fault?


@SFGIANTSGIRL wrote:

People need to be responsible for their actions. I don't even have my cell phone up front with me, in my car. It is in my purse in the back seat when I drive, no temptation.  If it rings, it is not going to matter if that person needs to wait until I reach my destination or pull over.

 


I'm with you.  When I drive, my phone is in my bag, up front with me, but turned off and out of my sight.  I don't want to be the slightest bit tempted to even glance at it.  It's second-nature for me, and not a hardshp at all.

 

Yes, we are all responsible for our own actions.  There is no excuse - ever - to be looking at a phone while driving.  In the blink of an eye that simple action can easily cause a tragedy.

Esteemed Contributor
Posts: 6,889
Registered: ‎03-13-2010

Re: A Tragic accident. Who is at fault?


@Craxyyear2021 wrote:

This story's is not worded well.

 

The Modisette family was in a stopped car that was rear ended by another vehicle.  That other vehicle was driven by a 20-year was using FaceTime and didn't notice what he was doing.

 

Obviously the 20-year old driver that hit the Modisettes was at fault, but the Modisettes did nothing wrong and their daughter was killed.  They are furious and should be.  This isn't a story of "personal responsibility" but the way the article was written, it almost reads like the Modisette parents were on Facetime and caused the accident,...that isn't what happened.


 

I think it IS a story of personal responsibility.  The Modisettes were not at fault, but the 20- year old driver was.  He was solely responsible.  

Respected Contributor
Posts: 3,204
Registered: ‎04-04-2015

Re: A Tragic accident. Who is at fault?


@Craxyyear2021 wrote:

This story's is not worded well.

 

The Modisette family was in a stopped car that was rear ended by another vehicle.  That other vehicle was driven by a 20-year was using FaceTime and didn't notice what he was doing.

 

Obviously the 20-year old driver that hit the Modisettes was at fault, but the Modisettes did nothing wrong and their daughter was killed.  They are furious and should be.  This isn't a story of "personal responsibility" but the way the article was written, it almost reads like the Modisette parents were on Facetime and caused the accident,...that isn't what happened.


It's the Modisettes that are suing Apple.  Why?  How was this Apple's fault?  Are you saying that because the Modisettes did not cause the accident, but nonetheless lost their daughter that someone - anyone - must pay - and especially someone who can pay lots and lots of money?

 

This is sick.  I disagree that they "did nothing wrong."

Esteemed Contributor
Posts: 6,475
Registered: ‎03-14-2015

Re: A Tragic accident. Who is at fault?

What I am understanding is, the Modisettes are sueing Apple because Apple has a program that prevents Face Time from being used while driving.

 

BUT

 

that program wasn't used by the jerk that hit them and killed their daughter.

 

I think that's what;s going on.

 

If I'm mistaken, then please correct me.

Respected Contributor
Posts: 3,204
Registered: ‎04-04-2015

Re: A Tragic accident. Who is at fault?

I thought I read that while Apple had a patent on some sort of locking device for Facetime, they had not implemented it.

 

So what.  As noted, the person still would have had to activate it.

 

We were once hit from behind while stopped at a light by a woman reading a paper map.  Should we have sued the map company (actually we didn't sue anybody).

 

Why in the world should any company be responsible for someone driving 65 mph without looking at the road in front of him?

 

Of course what happened to the Modisettes is tragic, but I cannot justify making Apple responsible for it.

Respected Contributor
Posts: 4,325
Registered: ‎03-09-2010

Re: A Tragic accident. Who is at fault?


@SFGIANTSGIRL wrote:

People need to be responsible for their actions. I don't even have my cell phone up front with me, in my car. It is in my purse in the back seat when I drive, no temptation.  If it rings, it is not going to matter if that person needs to wait until I reach my destination or pull over.

 


@SFGIANTSGIRL

 

That's exactly how I am.  I may pull over into a parking lot if I really want to answer it.

 

Otherwise, if I'm on the interstate or somewhere else where it's hard to pull over (two lane twisty road), I let it go until I can stop.

 

Honestly, I don't know what's so hard about this.  As my grandfather said "Keep your eyes on the road!"

 

Things can change in a split second.  Recently I was on I-5 with my mom.  She was driving.  All of a sudden a semi blew a tire and jackknifed across three lanes.

 

If my mom hadn't been alert enough to see it the second it happened and pull over, we would have been involved in an accident.

 

Keep your eyes on the road!

 

If you have a garden and a library, you have everything you need.--Marcus Tullius Cicero