Family sue Apple after driver using FaceTime killed 5-year-old girl

In what may be the first in a potential line of claims against Apple and other tech giants, the multinational technology company is being sued with allegations that they caused the death of a 5-year-old girl because they failed to disable the real-time video-call chat feature, FaceTime, while a vehicle was moving at high speeds.

On 24 December 2014, five-year-old Moriah Modisette was tragically killed in an accident in Texas which involved a driver using FaceTime whilst he was driving.

And it’s that part that has led to this new lawsuit.

The driver, Garrett Wilhelm, has been charged with manslaughter in the case. However, the Modisette’s family has also sued Apple for the civil causes of death and injury by allowing the FaceTime app to run, subsequently distracting the driver.

The Washington Post reports that the driver was tailing behind the Modisette’s Toyota at speeds of around 65mph. Because Mr Wilhelm was using FaceTime while driving, he didn’t see the Modisettes’ brake lights when they broke due to backed up traffic ahead.  Consequently his SUV “slammed into the [Toyota] Camry at full highway speed”.

Details of the collision

The tragic details are as follows:

Mr Wilhelm’s SUV struck the family’s car from behind, propelling it forward and rotating the vehicle to face the wrong direction in the right lane of traffic. The post-impact possibly caused the most injuries. Mr Wilhem’s SUV rolled up and over the driver’s side of the family’s car, causing severe damage to the entire vehicle. Such extreme damage was caused to the driver’s side of the car, and it was said that ‘rescue workers laboured extensively’ to extract two of the passengers.

Modisette’s complaint

The complaint, filed in Superior Court of Santa Clara in California, is for personal injury, wrongful death, and a survival action. The plaintiffs, which include Moriah’s parents James and Bethany, and sister Isabella, also brought actions against Apple for the alleged wrongful failure to install and implement the “lock out” ability to stop drivers being able to use the “FaceTime” application on the Apple iPhone whilst driving.

The Modisette’s lawsuit says that iPhones have the built-in technology to see how fast the device is going via accelerometers and GPS. As such, Apple’s alleged failure has therefore caused severe injuries to the plaintiffs, and the alleged wrongful death.

The complaint also alleges that police found the iPhone 6 plus on the scene of the collision, finding the FaceTime app still running. It alleges that the global tech giants knew of the risks associated with using the video chat function, but failed to implement the technology. The family notes that this is the case as Apple patented the “lock-out” technology in 2008.

So far, Apple has failed to comment or respond to the lawsuit.

Distracted by smartphone technology while driving

Drivers distracted by their smartphones is becoming a trend with deadly consequences. According to the Guardian, “distraction in vehicle” is a cause of 70 deaths a year.

The U.K. Government is looking to press mobile phone manufacturers and providers to introduce a ‘drive safe’ mode feature that’ll prevent drivers from being distracted from calls or texts.

The safety mode will be similar to that of the airplane mode which has been integrated into most iPhone and Android devices. However, the ‘drive safe’ mode may allow drivers to make emergency calls or accept incoming calls from specified persons. The feature may automatically block the device from using GPS technology if the vehicle is reaching certain speeds.

This feature will hope to prevent tragic deaths like Moriah Modisette’s. Many believe that Apple should now look into implementing their “lock-out” patented technology as a matter of urgency.