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Apple Facetime Lawsuit: Driver Using Facetime Causes 5 Year Old’s Death

Apple Facetime Lawsuit
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Apple Facetime Lawsuit: Driver Using Facetime Causes 5 Year Old’s Death

Tech giant Apple is currently slammed with an Apple Facetime lawsuit when a driver who was using the app caused a 5 year old’s death.

James and Bethany Modisette, parents of the 5 year old kid, are suing Apple for the loss of their daughter. The couple from Texas was with their two children, Isabella and Moriah on December 24, 2014 when the accident happened.

The family was on the Interstate 35W when they slowed down after noticing that a police activity was up ahead. The 5 year old Moriah was in a booster seat next to her sister Isabella.

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Behind them was Garrett Wilhelm who was on the Facetime app and was distracted. This caused him to slam his Toyota 4Runner at 65 mph behind the Modisette’s car. Reports say that the family was “propelled forward” and the car rotated and came to rest at a wrong direction of traffic. Wilhelm’s car which was still in motion, rolled up over the driver’s side of the family’s car afterwards.

James and Moriah had to be extracted from the wreckage. James was in critical condition while Bethany and Isabella were transported to a medical center to be treated for their injuries. Moriah was airlifted to a children’s hospital but died afterwards due to her injuries.

Wilhelm admitted to police that he was using the Facetime app at the time of the crash. Officials even confirmed that the app was still active when they retrieved his phone. His trial for manslaughter begins on February 27, 2017.

Apple Facetime Lawsuit

James and Bethany Modisette are suing Apple, claiming that the company failed to implement a system within the phone that would have prevented the driver from using the app while he was driving. Plaintiffs also added that Apple has no alternative way to lock-out users in such situation.

The Apple Facetime lawsuit was filed on December 23 at Santa Clara County at the California Superior Court.

The issue of drivers  distracted while on the road has been a huge concern throughout the years. Should Apple respond to such issues, we may see a roll out for software updates in the future.

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