Apple Found Not Responsible in Fatal Car Crash Involving Distracted Driver Using FaceTime

Back in 2014, iPhone user Garrett Wilhelm was using FaceTime on his iPhone 6 Plus while driving, causing him to crash into the back of another vehicle.

The crash resulted in the death of five-year-old Moriah Modisette, and her father, James Modisette, launched a lawsuit in 2017 against Apple for not offering safety warnings or a feature that disables FaceTime while a person is driving.

facetime
The lawsuit contended that Apple had, at the time, patented technology that would have prevented FaceTime from being used while a vehicle is being operated, but had not installed it in the iPhone 6. The plaintiffs requested damages from Apple for its "wrongful failure to install and implement the safer, alternative design for which it sought a patent in December 2008."

"At the time of the collision in question, the iPhone utilized by Wilhelm contained the necessary hardware (to be configured with software) to automatically disable or 'lock out' the ability to use [FaceTime] ... However, Apple failed to configure the iPhone to automatically 'lock out' the ability to utilize FaceTime while driving at highway speeds, despite having the technical capability to do so."

The lawsuit against Apple was dismissed after a court decided that Apple was not at fault for the crash, and as of today, a California appeals court has agreed with that decision.

According to the BBC, the appeals court ruled Apple "did not owe the Modisettes a duty of care," and that it was not up to Apple to take responsibility for the actions of individuals using its apps. The family, said the court, could not establish that the design of the iPhone was the cause of the injuries suffered.

Garrett Wilhelm, the driver of the vehicle who killed the girl, was indicted on manslaughter charges. His trial has been delayed several times because the FHI has not yet been able to gather data from his iPhone, but if he is found guilty, he could serve up to 20 years in prison. Wilhelm is set to be tried before a jury on June 3, 2019.

While Apple was not found to be responsible for the crash, the Cupertino company has since implemented a Do Not Disturb While Driving feature designed to prevent iPhone users from accessing apps like FaceTime while operating a vehicle.


Do Not Disturb While Driving was implemented in iOS 11 and it is designed to block incoming messages and phone calls if a phone is not connected to a car via Bluetooth.

Popular Stories

iOS 26 Feature

iOS 26.1 to iOS 26.4 Will Add These New Features to Your iPhone

Saturday October 18, 2025 11:00 am PDT by
iOS 26 was released last month, but the software train never stops, and iOS 26.1 beta testing is already underway. So far, iOS 26.1 makes both Apple Intelligence and Live Translation on compatible AirPods available in additional languages, and it includes some other minor changes across the Apple Music, Calendar, Photos, Clock, and Safari apps. More features and changes will follow in future ...
ios 26 1 liquid glass opaque

iOS 26.1 Beta 4 Lets Users Control Liquid Glass Transparency with New Toggle

Monday October 20, 2025 10:57 am PDT by
With the fourth betas of iOS 26.1, iPadOS 26.1, and macOS 26.1, Apple has introduced a new setting that's designed to allow users to customize the look of Liquid Glass. The toggle lets users select from a clear look for Liquid Glass, or a tinted look. Clear is the current Liquid Glass design, which is more transparent and shows the background underneath buttons, bars, and menus, while tinted ...
iPhone Siri Glow

Some Apple Employees Have 'Concerns' About iOS 26.4's Revamped Siri

Sunday October 19, 2025 7:39 am PDT by
iOS 26.4 is expected to introduce a revamped version of Siri powered by Apple Intelligence, but not everyone is satisfied with how well it works. In his Power On newsletter today, Bloomberg's Mark Gurman said some of Apple's software engineers have "concerns" about the overhauled Siri's performance. However, he did not provide any specific details about the shortcomings. iOS 26.4 will...
iOS 26

iOS 26.0.2 Update for iPhones Coming Soon

Friday October 17, 2025 7:35 am PDT by
Apple's software engineers continue to internally test iOS 26.0.2, according to MacRumors logs, which have been a reliable indicator of upcoming iOS versions. iOS 26.0.2 will be a minor update that addresses bugs and/or security vulnerabilities, but we do not know any specific details yet. The update will likely be released by the end of next week. Last month, Apple released iOS 26.0.1,...
Apple iPad Pro hero M5

New iPad Pro Has Six Key Upgrades Beyond M5 Chip

Saturday October 18, 2025 10:57 am PDT by
While the new iPad Pro's headline feature is the M5 chip, the device has some other changes, including N1 and C1X chips, faster storage speeds, and more. With the M5 chip, the new iPad Pro has up to a 20% faster CPU and up to a 40% faster GPU compared to the previous model with the M4 chip, according to Geekbench 6 results. Keep in mind that 256GB and 512GB configurations have a 9-core CPU,...
maxresdefault

Here's How the iOS 26.1 Transparency Toggle Changes Liquid Glass

Monday October 20, 2025 1:55 pm PDT by
With the fourth beta of iOS 26.1, Apple added a toggle that makes Liquid Glass more opaque and reduces transparency. We tested the beta to see where the toggle works and what it looks like. Subscribe to the MacRumors YouTube channel for more videos. If you have the latest iOS 26.1 beta, you can go to Settings > Display and Brightness to get to the new option. Tap on Liquid Glass, then...
iOS 26

What's New in iOS 26.1 Beta 4

Monday October 20, 2025 1:02 pm PDT by
Even though we're at the fourth beta of iOS 26.1, Apple is continuing to add new features. In fact, the fourth beta has some of the biggest changes that we'll get when iOS 26.1 releases to the public later this month. We've rounded up what's new below. Liquid Glass Transparency Toggle Apple added a toggle for customizing the look of Liquid Glass. In Settings > Display and Brightness,...
HomePod mini and Apple TV

Apple's Next Rumored Products: New HomePod Mini, Apple TV, and More

Thursday October 16, 2025 9:13 am PDT by
Apple on Wednesday updated the 14-inch MacBook Pro, iPad Pro, and Vision Pro with its next-generation M5 chip, but previous rumors have indicated that the company still plans to announce at least a few additional products before the end of the year. The following Apple products have at one point been rumored to be updated in 2025, although it is unclear if the timeframe for any of them has...
kohler toilet sensor

Kohler Launches $600 iPhone-Connected Toilet Camera That Monitors Your Health Through Waste Analysis

Monday October 20, 2025 1:42 pm PDT by
Kohler is expanding its line of bathroom products with Dekoda, an iPhone-connected device that's designed to be attached to a toilet rim (via The Verge). The device's included "sensors" point into the toilet bowl, allowing it to analyze what goes on in the bathroom. According to Kohler, Dekoda is a health tracker that can monitor gut health and hydration, as well as detect the presence of...

Top Rated Comments

dannyyankou Avatar
89 months ago
Good, they shouldn't be held liable. What's next, holding HarperCollins liable for someone reading a book at the wheel?
Score: 63 Votes (Like | Disagree)
WannaGoMac Avatar
89 months ago
Amazing, I guess no one has common sense anymore.
Score: 47 Votes (Like | Disagree)
gugy Avatar
89 months ago
Personal responsibility.

It's lacking big time these days.
Score: 37 Votes (Like | Disagree)
826317 Avatar
89 months ago
Imagine being so deluded that you feel suing a company, who's software was being used by a distracted person, was responsible for the distracted person being distracted.
Score: 31 Votes (Like | Disagree)
AngerDanger Avatar
89 months ago
Skype also offers no such safety warnings. YouTube doesn’t either. Analog portable TVs never came with a warning.

Why on earth would you need someone else to tell you that you can’t look at a video when you’re supposed to be looking elsewhere?!
Score: 26 Votes (Like | Disagree)
yaxomoxay Avatar
89 months ago
Imagine losing your 5 year old child.
Awful, but that doesn't make suing Apple (in this case) better in any way whatsoever.
Score: 23 Votes (Like | Disagree)