Apple Found Not Responsible in Fatal Car Crash Involving Distracted Driver Using FaceTime - MacRumors
Skip to Content

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

OpenAI vs Apple Feature

OpenAI: No Evidence Apple's Trade Secret Complaint Has Merit

Tuesday July 14, 2026 1:45 pm PDT by
OpenAI says it is "not aware" of any evidence that Apple's allegations of trade secret theft have merit in a statement provided to Bloomberg. While we take these allegations seriously, we're not aware of any evidence that this complaint has merit. We believe in fair competition and allowing people the freedom to work wherever they choose, and we're focused on building innovative technology...
General macOS Mail Feature

Apple Sued Over Reported 'Hide My Email' Flaw

Thursday July 16, 2026 10:11 am PDT by
Apple this week was sued over a reported "Hide My Email" flaw that could expose a user's real email address. The proposed class action lawsuit alleges that Apple violated California's false advertising law and other consumer protection statutes by knowingly offering a feature that does not work as advertised. A security researcher disclosed the apparent "Hide My Email" vulnerability to Apple...
OpenAI vs Apple Feature

Report: Apple Sends Legal Letters to Dozens of OpenAI Employees

Friday July 17, 2026 3:56 am PDT by
Apple has reportedly sent legal letters to dozens of former Apple employees now working at OpenAI, telling them to preserve potentially relevant documents and communications as it continues to pursue its trade secret lawsuit against the AI company. The Financial Times ($) reports that Apple has targeted around 40 former employees with legal preservation letters, acting on its belief that...

Top Rated Comments

dannyyankou Avatar
100 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
100 months ago
Amazing, I guess no one has common sense anymore.
Score: 47 Votes (Like | Disagree)
gugy Avatar
100 months ago
Personal responsibility.

It's lacking big time these days.
Score: 37 Votes (Like | Disagree)
826317 Avatar
100 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
100 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
100 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)