Family Sues Apple, Claiming FaceTime Distracted Driver in Crash That Killed 5-Year-Old Daughter
Garrett Wilhelm rear-ended a family of four along I-35 near Dallas, Texas on Wednesday, December 24, 2014, killing 5-year-old Moriah Modisette and seriously injuring members of her family.
A lawsuit filed by the child's parents on December 23, 2016 in the California Superior Court alleges that Apple failed to implement an alternative design for FaceTime that would prevent the app from running while driving and for failure "'to warn users that the product was likely to be dangerous when used or misused.'"
Excuse me?
It's not like we haven't been warned not to text and drive or use cell phones – period – while driving. After all, there are several commercials about this. Apple's own user guide warns against the dangers of distracted driving under the "Safety Information" heading. Even the little package insert for my Pixel phone has a warning against using the phone while driving.
Why doesn't the family sue the Texas Department of Public Safety, as their troopers were conducting a routine traffic stop further south of the accident? Using the same logic from the lawsuit, the Texas Department of Public Safety is just as much at fault as Apple. After all, the troopers could have put up warnings or some sort of notification about the stop.
The only person at fault for the accident is the driver, Mr. Wilhelm. I feel for the family, but a lawsuit like this doesn't garner my respect. It just ties up time, money, and resources that could be put to better use elsewhere.
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