Apple Inc. is named in a lawsuit filed by the parents of a child killed in a rear-end collision allegedly caused by distracted driving. According to CBS News, legal documents were filed in Santa Clara County Superior Court on December 23, 2016.
The plaintiffs allege that a motorist was using Apple’s FaceTime app when the collision occurred, and that Apple failed to implement a patented system that would have locked the motorist out of the app while he was traveling at highway speeds. The U.S. Patent Office awarded Apple a patent for its GPS-based design in April 2014.
Details of the Accident
The mid-afternoon crash happened on Interstate 35W just outside of Dallas, Texas, on December 24, 2014. A family of four was in their Toyota Camry in the left lane when the car was struck from behind by a Toyota 4Runner. The car slowed due to a traffic jam, and the SUV allegedly crashed into it while going about 65 mph.
Immediately after the rear-end collision, the SUV driver told officers he was using the FaceTime video app at the time. In fact, the app was still running on the man’s iPhone 6 when police located it at the scene.
All four family members, a married couple and their two daughters, sustained injuries in the crash. Emergency personnel airlifted the five-year-old daughter to Fort Worth’s Cook Children’s Medical Center, but she did not live. The following August, the man was indicted on manslaughter charges. The wrongful death litigation is scheduled to begin in February 2017.
Although every accident is unique, it is sometimes possible for a San Jose personal injury attorney to help a client to seek compensation when a company engages in negligent activity which is a factor in a crash. When an individual dies, survivors may seek compensation for loss of companionship.
Contact Our Wrongful Death Litigation Attorneys Today
If you or a family member is a victim in a crash, we make it possible for you to consult with a San Jose personal injury attorney at no cost to you. We fight hard to get our clients every dollar they deserve under applicable personal injury and wrongful death statutes. To learn more about our legal services, please contact us online or call our wrongful death litigation attorneys at (408) 956-6949.