Apple's Facetime Blamed In Lawsuit For Girl's Highway Crash Death

The challenge of navigating that dangerous line between attention and distraction. JL

David Kravets reports in ars technica:

The suit comes amid mounting reports of motorists crashing while being distracted with their phones. Police say that the driver was using the FaceTime application and never saw the brake lights ahead of him.The family now wants Apple to pay damages for the mishap. The family alleges the company had a duty to warn motorists against using the app and that it could have used patented technology to prohibit drivers from utilizing the app.
According to the latest figures available, US highway deaths increased by more than 10 percent year-over-year during the first half of 2016. One big reason? Distracted driving with mobile phones. It's a reality that now has one phone-maker in some unusual legal crosshairs.
Apple, maker of the ever-popular iPhone, is being sued on allegations that its FaceTime app contributed to the highway death of a 5-year-old girl named Moriah Modisette. In Denton County, Texas, on Christmas Eve 2014, a man smashed into the Modisette family's Toyota Camry as it stopped in traffic on southbound Interstate 35W. Police say that the driver was using the FaceTime application and never saw the brake lights ahead of him. In addition to the tragedy, father James, mother Bethany, and daughter Isabella all suffered non-fatal injuries during the crash two years ago.The Modisette family now wants Apple to pay damages for the mishap. The family alleges the Cupertino, California-based technology company had a duty to warn motorists against using the app and that it could have used patented technology to prohibit drivers from utilizing the app. According to the suit (PDF) filed in Santa Clara County Superior Court:

Plaintiffs allege APPLE, INC.'s failure to design, manufacture, and sell the Apple iPhone 6 Plus with the patented, safer alternative design technology already available to it that would automatically lock-out or block users from utilizing APPLE, INC.'s 'FaceTime' application while driving a motor vehicle at highway speed, and failure to warn users that the product was likely to be dangerous when used or misused in a reasonably foreseeable manner and/or instruct on the safe usage of this and similar applications, rendered the Apple iPhone 6 defective when it left defendant APPLE, INC's possession, and were a substantial factor in causing plaintiffs' injuries and decedent's death.

The patent referenced, issued by the US patent office in April 2014, is designed to provide a "lock-out mechanism" to prevent iPhone use by drivers. The patent claims a "motion analyzer" and a "scenery analyzer" help prevent phone use. The reliability of such lock-out services, however, has come into question.
"The motion analyzer can detect whether the handheld computing device is in motion beyond a predetermined threshold level. The scenery analyzer can determine whether a holder of handheld computing device is located within a safe operating area of a vehicle. And the lock-out mechanism can disable one or more functions of the handheld computing device based on output of the motion analyzer, and enable the one or more functions based on output of the scenery analyzer," according to the patent.
Apple has not commented on the lawsuit, but it has said that drivers are responsible for their behavior.
"For those customers who do not wish to turn off their iPhones or switch into Airplane Mode while driving to avoid distractions, we recommend the easy-to-use Do Not Disturb and Silent Mode features," Apple said in a statement.
The suit comes amid mounting reports of motorists crashing while being distracted with their phones. Such accidents take place as drivers engage in everything from playing Pokémon Go to texting. In the US, proposed solutions have popped up from the mundane (more officers watching for phone usage) to the unorthodox (Textalyzers that prevent cars from functioning; alarms that go off if a driver's hands leave the wheel for three seconds). Elsewhere, British officials are to meet with phone makers in a push for a "drive safe" phone mode in the UK.
Garrett Wilhelm, the accused driver of the car that smashed into the Modisette vehicle, has been charged with manslaughter.