Posted on 12/30/2016 11:52:25 AM PST by SES1066
The plaintiff filed suit in a California court in early December in regards to a road accident that occurred on Christmas Eve in 2014. The driver was " distracted while using the 'FaceTime' application on an iPhone 6 Plus during the operation of his motor vehicle," and hit the back of a stationary vehicle while going 65 miles per hour, per the court documents obtained by AppleInsider.
SNIP
Apple was sued for not implementing a technology that could have prevented the driver from using the app while driving. The Cupertino-based company applied for the patent on the technology in 2008 and it was granted in 2014, but Apple had not implemented the block at the time of the crash. The technology would have locked out the ability of drivers to use the 'FaceTime' application on the Apple iPhone while using a motor vehicle," per the court filings.
(Excerpt) Read more at bizjournals.com ...
Similar to any number of anti-gun legal actions, it is the tort system and an attitude that the individual can sluff off any portion of blame on someone else and get some gain from it as well. The iPhone did not leap up and blind anyone nor is it possible that the dangers of distracted driving were previously unknown!
To this news story I can only say - Aarrrggghhhhh with disgust!
Exactly. If the parent had spilled milkshake on his/her lap, causing the car accident, would they have sued McDonald’s? Probably...
Another old adage applies: You can make anything fool proof - you just can’t make it damn-fool proof....
Idiocy of the operator notwithstanding, I find it ironic that auto manufacturers are so adamant about safety, and public service announcements abound regarding “DON’T TEXT AND DRIVE,” yet new vehicles are loaded to the gills with entertainment apparati.
There’s another old saw about how difficult it is to fool-proof something because they keep making better fools.
If they win, the accident lawyers will now be able to sue for the civil equivalent of “pre-crime”.
If you didn’t do everything under the sun to prevent an accident in advance, you are liable for the accident.
As if we weren’t an over-litigated society already...
Need to make cellphones/pads etc “hands free audio only” If/when motion is sensed over 5 mph. Texting etc. is worse than DWI and those that do it should be facing huge fines/jail time/loss of license etc.
I’m thinking this will be of interest to your ping list.
They got the story wrong. The decedent was in the car which was struck. Errant driver was on Face-Time
“The little girl, Moriah Modisette, was killed on Christmas Eve 2014 when the Toyota Camry she was traveling in with her parents was struck from behind by a Toyota 4Runner on Interstate 35 north of Dallas. The Camry had slowed or stopped for traffic when it was struck by the SUV going 65 mph, the lawsuit states.”
http://ktla.com/2016/12/29/parents-blame-facetime-for-death-of-5-year-old-daughter-sue-apple/
That said — it is still a BS lawsuit. Shame on their lawyer!
It seems to be working - more fools than ever since we tried to make things fool-proof.
Parents were the victims here...at least until the lawsuit was filed.
“The driver of the 4Runner, 22-year-old Garrett Wilhelm, was using FaceTime when he struck the Modisettes vehicle, according to the lawsuit.”
The one I know is, You cannot make anything foolproof because fools are so ingenious.
“...If you didnt do everything under the sun to prevent an accident in advance, you are liable for the accident.....”
IF they win and this happens, it immediately needs to be applied to our immigration laws. Maybe then, these lib law makers would “wake up” if they were held accountable.
Yep. The touchscreens on new cars seem absurd and more dangerous than phones. I think the systems with the “mouse” near the shifter are safer than touchscreens. i.e. BMW idrive. That way your control is always in 1 spot.
Using tiny virtual buttons on a touchscreen to change the radio is super distracting. You have to look to find the button and then look to make sure your finger is in the right spot as you reach. And when you try to repeatedly press it, it can slip off.
You don’t have this issue with physical buttons since you eventually remember where they are by touch.
Ya can’t fix stupid.
Sad for the human race that this moron didn’t win the Darwin award.
Truer words were never spoken.
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