Coronavirus (COVID-19) Update: We are fully operational and remote, we are available over the phone 8am-5pm Monday-Friday, available over email and able to provide services to our existing and future clients. More FAQs »

Mon-Fri 8AM-5PM
English or Spanish


When Texting Causes Crashes, Can Cell Phone Companies Get the Blame?

Posted on by in Auto Accidents


As reported by the National Highway Traffic Safety Administration (NHTSA), during daylight hours, about 660,000 people use their cell phones while driving. In 2015, distracted driving resulted in 3,477 deaths and 391,000 people injured.

Most states prohibit drivers from using hand-held mobile phones while driving.

In 2014, the U.S. patent office issued a patent to Apple for a lockout mechanism, using motion and scenery analyzers, intended to stop iPhone use by drivers. Three years later, in June 2017, Apple executives announced that a new feature coming with the iOS 11 update, will withhold any notifications and prevent drivers from accessing most apps.

The feature senses when someone is driving using either Bluetooth or Wi-Fi Doppler effect to detect how fast they are moving. The new feature can be disabled by indicating you're a passenger. The feature does not affect Apple CarPlay, an iOS for the dashboard, which allows drivers to answer to text messages using voice commands.

However, Apple has already been sued because drivers, using their I-phones to check for text messages or to use FaceTime, caused horrific crashes resulting in tragedies which could have been prevented. The lawsuits alleged that Apple could have designed, manufactured, and sold the I-phones with the patented safer alternative design technology and that this failure was a significant contributing factor in the crashes.

Phone makers could cut off drivers

While the lawsuits target Apple, safety advocates say all cell phone makers can and should be doing more to prevent distracted driving. A professor who specializes in the moral and legal principles of liability told The New York Times that, by not putting the technology in place, Apple has failed in their social responsibility. Do cell phone makers or wireless companies have a responsibility to prevent devices from being used by drivers in illegal and dangerous ways?

The cases presented had to prove that the iPhone was the cause of the accident. In most negligence claims for car accidents caused by distracted drivers, the causation factors are clearer. The driver has a duty to exercise reasonable care while driving. A breach of that duty takes place when failing to pay attention to the road by checking the phone. The accident was foreseeable when the phone was used. But it's difficult to prove that an inanimate object caused the fatal accident.

Weaknesses in the gathering and examination of crash data make it unclear to know exactly how many of the tragic crashes were caused by distracted driving. Cell phone makers countered that the lockout devices weren't yet reliable, and could wrongly close down the phone of someone riding on a train or bus.

However, the risks of on-the-road mobile use are clear, not just to motorists and scientists but also to manufacturing companies, as the recently announced upgrade prove.

Miami Texting While Driving Accident Lawyer

Sending or receiving text messages diverts the attention of a driver for about five seconds. At highway speeds, that is a distance of about 300 feet in which the car is driving itself, without human control. Even with the new technological solution implemented, it's important for everyone to do their part in staying safe on the road.

If you've suffered serious injury because of a car crash caused by a driver who was typing on a cell phone, a Miami car accident lawyer can represent your case to help you receive the financial compensation you deserve. We have the training and experience needed to handle this type of case. Please call 305.416.9805 for a free case evaluation.


For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.