Advanced technology and the use of smartphones, tablets and thousands of apps has made it easier for family and friends to connect with one another, but there are also some instances when this technology can be a detriment. Most Americans are aware or have been reminded of the dangers of texting and driving. In fact, many highways and interstates throughout the United States have specifically designated pull off parking lot areas as “Text Areas,” as opposed to their previous title, “Rest Areas,” to remind drivers not to text and drive.
Unfortunately, there is no way to fully safeguard against distracting driving. Such was the tragic case for the family of a 5-year-old girl who was killed while a distracted driver was using Apple’s FaceTime app while on his iPhone. According to the surviving family, Apple was aware that drivers would be using the app while driving, and that they had technology available to create a “lock-out’ feature to prevent or at least discourage drivers from “FaceTiming” while driving.
Although it remains to be seen how this will be handled in court, many believe that manufacturers should not be held liable for consumers using their products in a dangerous fashion. Personal responsibility on behalf of the consumer and product user is often what is cited in such lawsuits.
What cannot be argued is that the driver in this case was negligent and was driving while distracted. If you have a family member or someone you knew was the victim of a fatal car accident, the family of the victim may be entitled to compensation for pain and suffering, medical expenses and property damage, and even future lost wages.
Source: findlaw.com, “Lawsuit: Apple’s FaceTime Blamed for Child’s Death,” By George Khoury, Jan. 6, 2017