Two Texas parents whose five year old daughter died in a fatal crash in 2014 have filed a lawsuit against Apple. The driver in the other car was using FaceTime (an Apple live video app) and was driving at 65 miles per hour. The parents were seriously injured in the accident.
At the time of the accident, their car was slowed down because of police activity on I-35. The driver was travelling at full highway speed at hit the family’s Toyota Camry. The car was propelled forward, rotated, and stopped facing oncoming traffic. The other driver’s 4Runner then drove over the driver’s side of the family’s Toyota Camry. The vehicle was so damaged that it took a significant amount of time to get two of the family members out of the vehicle. The five year old was airlifted but later died from her injuries.
The lawsuit was filed in California, and claims that the driver of the 4Runner was distracted while using the FaceTime app on an iPhone 6 Plus while he was driving his vehicle. The lawsuit claims that the company should install features that disable the chatting feature if the driver is driving, because the company has access to that technology.
The driver admitted that he was on FaceTime at the time of the accident, and police officers found that the app was live when they arrived at the crash site. The parents claimed that it was reasonably foreseeable that the app would be used while driving, and that the failure of Apple to implement safe technology features on the app was responsible for the death of their daughter.
Both parents were injured in the accident. The father was critically injured. The driver of the other car was indicted on manslaughter charges and is out on bail, but faces a possibility of between two and 20 years in prison. He was not named in the lawsuit.
Distracted driving has become an epidemic in the U.S. According to the National Highway Traffic Safety Administration, in 2012, over 400,000 people were injured in motor vehicle accidents caused by a distracted driver. Three-fourths of drivers surveyed have admitted to texting and driving even though they know it’s dangerous.
If you have been injured by a distracted driver, call the Houston personal injury attorneys at Kennedy Hodges at 855-947-0707. We can help. Call us today to schedule a free consultation, or visit LinkedIn to learn more about our firm.