A Tragic accident. Who is at fault?

addymarie · ‎04-24-2014

http://www.businessinsider.com/apple-lawsuit-fatal-texas-car-crash-lockout-facetime-iphone-2016-12

Apple sued over fatal car crash for not including a 'lockout' feature on FaceTime

"Apple is being sued over a fatal car crash in which a driver was distracted by FaceTime. The plaintiffs allege it failed to introduce technology it had a patent for that could potentially have prevented the driver from using the app.

The case, filed in a Californian court in early December, relates to a road accident in Texas that happened on Christmas Eve, 2014.

The driver, "distracted while using the 'FaceTime' application on an iPhone 6 Plus during the operation of his motor vehicle," crashed at 65 mph into the back of a vehicle that was stationary due to traffic, the court documents say. (We first saw the case over on Apple Insider, and you can read the full filing below.)

Inside the car were Bethany and James Modisette, and their two children — Isabella and Moriah. The family sustained serious injuries, and Moriah died of her injuries in hospital. She was five years old at the time.

It's a tragic case — but why is Apple involved? The company is being sued because, the Modisette's lawyers claim, it has technology that could have prevented it but failed to implement it.

The court filings point to a patent that Apple applied for in 2008 (and was granted in 2014) that would "lock out the ability of drivers to use the 'FaceTime' application on the Apple iPhone while using a motor vehicle."

The case alleges that by failing to incorporate this patent, Apple contributed to the death of Moriah and the injuries of the rest of the family.

The company's "failure to design, manufacture, and sell the iPhone 6 Plus with the patented, safer, alternative design technology already available to it ... and failure to warn users that the product was likely to be dangerous when used or misused in a reasonably foreseeable manner ... rendered the Apple iPhone 6 defective when it left defendant APPLE INC.'s possession, and were therefore a substantial factor in causing plaintiffs' injuries and the decedent's death," the Modisettes' lawyers allege.

An Apple spokesperson did not immediately respond to a request for comment.. ......."

Mz iMac · ‎07-26-2014

"Who is at fault?"

The person behind the wheel.

"Never argue with a fool. Onlookers may not be able to tell the difference."

SFGIANTSGIRL · ‎03-13-2010

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.

cherry · ‎03-09-2010

Just another example of not accepting responsibility, for your own actions

chickenbutt · ‎03-09-2010

*sigh* I agree with the others.

It's like saying, well, my iPhone didn't warn me that I was about to walk out into traffic and get hit by a bus. So, I guess it's iPhone's fault that I got hit by a bus. No, dimwit. It's YOUR fault.

ladyroxanne · ‎03-09-2010

what next

Mrsq2022 · ‎03-10-2010

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.

cherry · ‎03-09-2010

I didn't think it was the family's fault when I posted

sgraham30 · ‎03-14-2010

@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 have my cell phone in my purse also, which is on the front passenger seat when I'm driving. If the phone rings, it doesn't get answered. If it's an emergency, there's nothing I can do anyways. The call is returned when I'm sitting at a red light, as soon the light turns green, I tell the caller "green light" & I hang up. If during my return call to them the caller indicates they still need to talk to me, I'll pull into the 1st parking lot that I find, then I return the call.