Judge Throws Out Apple Lawsuit Relating To Distracted Driving

Should the manufacturer of a phone be held responsible for an automobile accident that was caused by someone using one of their phones while driving? It’s a question that likely isn’t going to disappear anytime soon, but at least according to one California judge, the answer is no.

According to Apple Insider, a class action lawsuit was filed against Apple in Los Angeles, California in January of 2017. The suit included victims and loved ones of victims who died in automobile accidents that were caused by a driver using an iPhone while behind the wheel. The suit claims that Apple had the technology to prevent texting while driving since 2008, and had a patent for it since 2014. The suit alleges that Apple refused to implement the technology as they were afraid it would cause them to lose sales to other phone manufacturers who weren’t using such technology. As a result, iPhone owners were able to text (or otherwise use their phone) while driving, injuring and killing others on the road. The plaintiffs wanted Apple to be held accountable for allowing drivers to be able to use their iPhones while driving.

But according to a circuit court judge in Santa Monica, California, it’s unreasonable to hold Apple accountable for the ultimate harm that is caused by an accident in which an iPhone was involved. As a result, the case was thrown out in August of 2017. Had the suit gone to trial, the plaintiffs were asking for Apple to halt production of iPhones in California until they would be manufactured with “lock out” technology, and that all current iPhones be updated to include the technology that prevents drivers from being able to use their iPhone while driving.

That ultimately didn’t happen, as the case was thrown out. But in the meantime, Apple has launched a new setting called “Do Not Disturb While Driving”, as part of their iOS 11 software update. As The Michigan Law Firm, PLLC blog previously mentioned, when enabled, Do Not Disturb While Driving mutes calls, notifications, and text messages, and keeps the screen dark. iPhone owners can also have the feature auto-reply to text messages, letting the contact know that the person is driving.

The safe driving feature turns on automatically when it detects an accelerating vehicle, or drivers can program the setting to turn on whenever the phone connects to their vehicle’s Bluetooth. There is an “I’m Not Driving” option for those who are riding in a car as a passenger, but of course there’s nothing really stopping the driver from claiming they are not driving, in order to be able to use their phone. Because of this, some feel as though the feature doesn’t go far enough to prevent a driver from engaging in distracted driving behaviors. They believe that Do Not Disturb While Driving should turn on automatically, without the driver having to enable it, and that there should be no option to turn it off. For similar smart phone apps that lock drivers out of their phones while driving, check out this blog post from The Michigan Law, Firm, PLLC.

While there may not be a perfect solution yet, it is clear that a solution is desperately needed. Distracted driving is one of the most dangerous driving behaviors a driver can engage in, risking not only their life, but the lives of everyone else on the road as well. According to the National Highway Traffic Safety Administration (NHTSA), 3,477 people were killed in distracted driving car accidents in 2015 alone. On top of that 391,000 people were injured in distracted driving car crashes.

The aforementioned Apple lawsuit cites data from the United States Department of Transportation, which reports that 1.5 million people are texting while driving at any given moment. They also cite data from the California Highway Patrol and the Federal Highway Administration which notes that iPhones specifically caused 52,000 automobile accidents in California each year, as well as 312 deaths in 2015.

Regardless of whether or not Apple should be held responsible for automobile accidents caused by iPhones, the lesson here is that distracted driving is incredibly dangerous. While features like Do Not Disturb While Driving and other apps that lock drivers out of their phones while in a vehicle are helpful, it’s ultimately the driver’s choice as to whether or not they use their phone while driving, not the manufacturer's. No text or phone call or playlist is nearly important enough to take your eyes off the road, and could mean injury or death for you, your passengers, and other people on the road.

Distracted driving in any form is absolutely never okay. Regardless of whether or not your phone has technology that can prevent you from using it while driving, it's ultimately up to you to decide to put the phone down when you're behind the wheel. Even if you can choose to put the phone down however,  you can't control other people's actions, and car accidents can still happen. If you have been the victim of a distracted driving accident, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation.  

Apple Unveils Highly Anticipated iPhone X

September marks a lot of things - back to school, the return of Pumpkin Spice Lattes, and for the past few years, a new iPhone. This year was no different, as on September 12, 2017, Apple announced their highly anticipated iPhone X (pronounced iPhone 10 like the roman numeral), in honor of the 10 year of the iPhone. The Apple Event, which took place at Apple’s new Steve Jobs Auditorium in Cupertino, California, was so highly anticipated that some thought it would be as revolutionary as the day Apple announced the very first iPhone, back in 2007.

According to The New York Times, The iPhone X features new technology and design that puts it far ahead of Apple’s existing iPhones, living up to the hype that was created by leaks spread prior to the launch. The aspect of the iPhone X that many will find most striking is the price - $1000. This makes it Apple’s most expensive iPhone to date, by a margin of a few hundred dollars.

So what does $1000 get you in an iPhone? The Washington Post reported that physically speaking, the design is different from anything Apple has previously released. While the phone is essentially the same size and shape as the iPhone 7, the screen is bigger as it is “edge-to-edge,” covering the entire surface of the phone, and wrapping around the edges for an immersive visual experience. This screen design is something Apple has been hoping to achieve for years. The display features an OLED screen, a higher quality screen than its predecessor, the LCD screen. The phone is also made entirely out of glass. While this may make it sound fragile, the iPhone X is dust and water resistant, and 50% more durable than any glass Apple has previously made.  

Another noticeable physical difference is the lack of a home button. On existing iPhones, the home button is what users press to awaken and unlock the phone with Touch ID (fingerprint scanning technology), as well as to close an app and return to the home screen. Since the home button is gone, so is Touch ID. Instead, the iPhone X boasts Face ID, face scanning technology that unlocks the phone by scanning the user’s face, as opposed to their fingerprint. Once the phone is unlocked, tasks such as closing an app are performed by the user making specific gestures with their fingers on the screen.

In addition to the physical differences, the iPhone X sports some software upgrades as well. The phone has faster processing speeds, and a better camera that takes higher quality pictures. The phone also boasts improved battery efficiency, as well as wireless charging. Instead of being plugged into an outlet, the phone will charge on charging mats called AirPower mats. Apple says we can expect to see these mats in hotels, cafes, and even in cars sometime in the near feature. One of the most surprising features of the phone however, may be Animoji; yes, animated emojis. The program uses the facial recognition software to scan your facial expressions, and recreate them on animated emojis, most of which are animals, but of course the poop emoji is included as well!

Source: Apple Press Release

Apple’s iPhone X had a lot of hype to live up to, and it seems to have met those expectations. The new design and upgraded software elements clearly differentiate the phone from anything Apple has done before. One thing it has in common with all phones, however, is the ability to cause distracted driving accidents. The Centers for Disease Control and Prevention state there are 3 kinds of distracted driving - visual, which takes your eyes off the road, manual, which takes your hands off the wheel, and cognitive, which takes your mind off of driving. Cell Phones are especially dangerous because using one can result in all three types of distracted driving at once.

So while, new technology such as the iPhone X can be groundbreaking and exciting, we're glad that Apple is also looking out for driver safety with apps like Do Not Disturb While Driving. Apple’s iPhone X and their latest software iOS11 come standard with this distracted driving prevention app. When enabled while driving, the iPhone displays a black screen, and notifications for text messages and phone calls are silenced. To learn more about this feature and the dangers of distracted driving, check out this recent article from The Michigan Law Firm, PLLC blog. After all, looking away from the road and at a text from your friend about the most recent character death on Game of Thrones is not worth getting into a distracted driving car accident. 

Distracted driving happens every day, especially in our technology filled age, in which toddlers have iPhones. If you or a loved one have been the victim of a car crash caused by a negligent driver with a cell phone, call The Michigan Law Firm at 844.4MI.FIRM for a free legal consultation. Our attorneys fight for our clients' rights and work hard to get any compensation they may be entitled to, under Michigan Law.

iPhone Explodes in Bicyclist's Pocket, Causes 3rd-Degree Burns

A bicyclist from Sydney, Australia has been recovering from serious burn injuries after his iPhone suddenly exploded while he was on a ride. 36-year-old Gareth Clear was riding his bike this past weekend, on a bike trail that he says he has ridden hundreds of times before.

When Clear fell off of his bike, he first noticed scrapes and abrasions to his upper right thigh, but then he noticed something else had gone wrong. “The first thing was just complete bewilderment about why smoke was coming out of- excuse my terminology - coming out of my behind,” Clear explained. “I realized it was my phone and I was just flailing to get my trousers off and my phone had caused my two layers of shorts, my Skins and my cycling shorts, to melt." Clear also suffered blisters on his fingers from touching his phone. 

Luckily, Clear managed to get himself to the nearest hospital before being transferred to the burn unit at Royal North Shore hospital, where he was informed that he suffered third-degree burns on his upper-thigh and would need skin graft surgery. “It was like a black ring around it, with my shorts material around the outside and the lithium material inside,” Clear described. He is worried that the lithium chemical inside of the phone may have gotten inside of him, which could cause other side-effects. “I’m not a chemist, I’m not an electrical engineer, so I don’t really know what the impact of that would be if it got into my body.”

Clear has been disappointed with the response from Apple. “No one’s asked me how are you? How’s your body? How’s the hole in your leg that’s just exploded, how’s that?” Clear pointed out. “It was a very technical-driven response, which surprised me. But look, I bear no grudges against Apple. It’s an iPhone, I purchased it. At this point, Clear says it’s Apple’s responsibility to make sure the same incident doesn’t happen to other people. “What if it was my face? What if that was someone else’s face? What if that’s a young kid that’s left alone with an iPhone, and is banging away and is left unsupervised and something happens?” Clear questioned. 

Unfortunately, Clear isn't the only one to experience his iPhone battery exploding. In 2014, a Maine 8th grader was burned by her iPhone 5C when it started to overheat in her back pocket. According to Digital Trends, she went to sit down in her chair when she heard a pop, and the phone started to heat up. The student was forced to take off her pants when the phone started to smoke, causing minor burns. In another incident, two people from the Czech Republican reported that their iPhones didn't explode, but started to balloon up, causing the casing of the phone to split open. The lithium ion battery inside expanded to more than twice its original size. 

Apple has not yet claimed any responsibility for these incidents. Instead they have blamed "external forces" putting stress on the devices as the the cause of these malfunctions. To prevent explosions, iPhone users should avoid overheating, overcharging, and applying large amounts of pressure to their devices.

There are a lot of things bicyclists should be cautious of while riding, but exploding iPhones shouldn't be one of them. If you or somebody you know has been injured through no fault of their own while riding their bike, call The Michigan Law Firm, PLLC. Our highly experienced attorneys can help you understand your rights according to Michigan law and can get you the help that you need. Call us today, at 844.4MI.FIRM for a free consultation.