{"id":385678,"date":"2017-08-19T00:49:37","date_gmt":"2017-08-18T16:49:37","guid":{"rendered":"https:\/\/www.macrumors.com\/2017\/08\/18\/apple-says-not-liable-for-distracted-driving\/"},"modified":"2017-08-19T00:49:37","modified_gmt":"2017-08-18T16:49:37","slug":"apple-insists-its-not-responsible-for-distracted-driving-accidents-involving-iphones","status":"publish","type":"post","link":"https:\/\/people.utm.my\/asmawisham\/apple-insists-its-not-responsible-for-distracted-driving-accidents-involving-iphones\/","title":{"rendered":"Apple Insists It&#8217;s Not Responsible For Distracted Driving Accidents Involving iPhones"},"content":{"rendered":"<p>Apple appeared in Los Angeles Superior Court on Thursday to argue that it shouldn&#8217;t be held liable for iPhone-related distracted driving accidents, in response to a lawsuit filed against the company earlier this year.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/cdn.macrumors.com\/article-new\/2017\/08\/dnd-while-driving-800x423.jpg\" alt=\"\" width=\"800\" height=\"423\" class=\"aligncenter size-large wp-image-582672\"\/><br \/>California resident Julio Ceja <a href=\"https:\/\/www.macrumors.com\/2017\/01\/18\/california-iphone-distracted-driving-lawsuit\/\">filed a class action complaint<\/a> against Apple in January, accusing the company of placing profit before consumer safety by choosing not to implement a lock-out mechanism that would disable an iPhone&#8217;s functionality when being used behind the wheel by an engaged driver.<\/p>\n<p>Ceja said his vehicle was involved in a collision with another vehicle in which the driver was texting on an iPhone.<\/p>\n<p>Apple, however, told the court that it&#8217;s a driver&#8217;s fault if they choose to misuse an inherently safe iPhone while operating a vehicle. Apple essentially said it cannot be blamed simply because it manufactures the device, according to court documents filed electronically and obtained by MacRumors.<\/p>\n<p>Just yesterday, a U.S. district court in Texas <a href=\"https:\/\/docs.justia.com\/cases\/federal\/district-courts\/texas\/txedce\/6:2015cv00715\/161774\/79\">dismissed<\/a> a similar distracted driving lawsuit brought against Apple last year. In that case, Meador v. Apple, Inc., the plaintiffs accused Apple of failing to automatically disable a user&#8217;s ability to operate an iPhone while driving, and of improper marketing.<\/p>\n<p>However, judge Robert W. Schroeder III said the plaintiff&#8217;s injuries stemmed from neglecting to safely operate her vehicle.\n<\/p>\n<blockquote readability=\"18\">\n<p>When a driver negligently operates her vehicle because she is engaging in compulsive or addictive behaviors such as eating food, drinking alcohol, or smoking tobacco, it is the driver&#8217;s negligence in engaging in those activities that causes any resulting injuries, not the cook&#8217;s, distiller&#8217;s, or tobacconist&#8217;s supposed negligence in making their products so enticing.<\/p>\n<p>Similarly, her decision to direct her attention to her iPhone 5 and maintain her attention on her phone instead of the roadway is the producing cause of the injury to Plaintiffs.<\/p>\n<\/blockquote>\n<p>Apple has faced similar lawsuits in the past. In response to one filed in Texas in 2015, Apple indicated the responsibility is on the driver to avoid distractions in a statement provided to <em><a href=\"https:\/\/www.nytimes.com\/2016\/09\/25\/technology\/phone-makers-could-cut-off-drivers-so-why-dont-they.html\">The New York Times<\/a><\/em>:<\/p>\n<blockquote readability=\"11\">\n<p>&#8220;We discourage anyone from allowing their iPhone to distract them by typing, reading or interacting with the display while driving,&#8221; Apple said\u2026 &#8220;For those customers who do not wish to turn off their iPhones or switch into Airplane Mode while driving to avoid distractions, we recommend the easy-to-use Do Not Disturb and Silent Mode features.&#8221;<\/p>\n<\/blockquote>\n<p>Ceja&#8217;s lawsuit mentioned a patent for a motion analyzer that would detect whether a handheld device is in motion beyond a certain speed. A scenery analyzer would then determine whether the holder of the handheld device is sitting somewhere other than the driver&#8217;s seat. Otherwise, the device could be disabled.<\/p>\n<p>In other embodiments, a vehicle or car key could transmit a signal that disables functionality of the handheld device while it is being operated. To a lesser degree, a vehicle could also transmit a signal that merely sends the device a notification stating that functionality should be disabled.<\/p>\n<p>Apple hasn&#8217;t gone as far as implementing any of those functions, but in iOS 11 it introduced <a href=\"https:\/\/www.macrumors.com\/2017\/06\/30\/ios-11-do-not-disturb-while-driving\/\">Do Not Disturb While Driving<\/a>.<\/p>\n<p><center><\/p>\n<div id=\"video-wrapper\">\n<p><iframe loading=\"lazy\" width=\"560\" height=\"315\" src=\"\/\/www.youtube.com\/embed\/IhAIzc1MgVc\" frameborder=\"0\" allowfullscreen=\"\">[embedded content]<\/iframe><\/p>\n<\/div>\n<p><\/center><br \/>Do Not Disturb While Driving is an optional setting that, when enabled, turns on whenever an iPhone connects to a vehicle via Bluetooth or detects rapid acceleration. While active, the feature mutes all incoming phone calls, notifications, and text messages, and the iPhone&#8217;s screen stays off completely.<\/p>\n<p>Phone calls are allowed, so long as an iPhone is connected to a car&#8217;s Bluetooth or a hands-free accessory, allowing drivers to respond without needing to pick up their phone. If not connected to Bluetooth or a compatible accessory, calls will be blocked like text messages and notifications.<\/p>\n<p>For text messages, there is an option to send your contacts a message that lets them know you&#8217;re driving and will get back to them later. In an emergency, a person who is attempting to contact you via text while you&#8217;re driving can break through Do Not Disturb by sending a second &#8220;urgent&#8221; message.<\/p>\n<p>Do Not Disturb While Driving can also be activated manually in Settings &gt; Do Not Disturb or in Control Center.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Apple appeared in Los Angeles Superior Court on Thursday to argue that it shouldn&#8217;t be held liable for iPhone-related distracted driving accidents, in response to a lawsuit filed against the company earlier this year. California resident Julio Ceja filed a class action complaint against Apple in January, accusing the company of placing profit before consumer [&hellip;]<\/p>\n","protected":false},"author":5817,"featured_media":385679,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[25],"tags":[68,69,59,26],"class_list":["post-385678","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-apple","tag-macrumors","tag-media","tag-technology"],"_links":{"self":[{"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/posts\/385678","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/users\/5817"}],"replies":[{"embeddable":true,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/comments?post=385678"}],"version-history":[{"count":0,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/posts\/385678\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/media\/385679"}],"wp:attachment":[{"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/media?parent=385678"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/categories?post=385678"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/people.utm.my\/asmawisham\/wp-json\/wp\/v2\/tags?post=385678"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}