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

iOS 26.4 and iOS 27 Features Revealed in New Leak

Friday December 12, 2025 10:56 am PST by
Macworld's Filipe Espósito today revealed a handful of features that Apple is allegedly planning for iOS 26.4, iOS 27, and even iOS 28. The report said the features are referenced within the code for a leaked internal build of iOS 26 that is not meant to be seen by the public. However, it appears that Espósito and/or his sources managed to gain access to it, providing us with a sneak peek...
iOS 26

iOS 26.2 Coming Soon With These 8 New Features on Your iPhone

Thursday December 11, 2025 8:49 am PST by
Apple seeded the second iOS 26.2 Release Candidate to developers earlier this week, meaning the update will be released to the general public very soon. Apple confirmed iOS 26.2 would be released in December, but it did not provide a specific date. We expect the update to be released by early next week. iOS 26.2 includes a handful of new features and changes on the iPhone, such as a new...
iOS 26

Apple Releases iOS 26.2 With Alarms for Reminders, Lock Screen Changes, Enhanced Safety Alerts and More

Friday December 12, 2025 10:10 am PST by
Apple today released iOS 26.2, the second major update to the iOS 26 operating system that came out in September, iOS 26.2 comes a little over a month after iOS 26.1 launched. ‌iOS 26‌.2 is compatible with the ‌iPhone‌ 11 series and later, as well as the second-generation ‌iPhone‌ SE. The new software can be downloaded on eligible iPhones over-the-air by going to Settings >...
AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2 and AirPods Pro 3

Thursday December 11, 2025 11:28 am PST by
Apple today released new firmware designed for the AirPods Pro 3 and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B30, up from 8B25, while the AirPods Pro 2 firmware is 8B28, up from 8B21. There's no word on what's include in the updated firmware, but the AirPods Pro 2 and AirPods Pro 3 are getting expanded support for Live Translation in the European Union in iOS...
macOS Tahoe 26 Thumb

Apple Releases macOS Tahoe 26.2 With Edge Light

Friday December 12, 2025 10:08 am PST by
Apple today released macOS Tahoe 26.2, the second major update to the macOS Tahoe operating system that came out in September. macOS Tahoe 26.2 comes five weeks after Apple released macOS Tahoe 26.1. Mac users can download the macOS Tahoe update by using the Software Update section of System Settings. macOS Tahoe 26.2 includes Edge Light, a feature that illuminates your face with soft...
AirTag 2 Mock Feature

Apple AirTag 2: Four New Features Found in iOS 26 Code

Thursday December 11, 2025 10:31 am PST by
The AirTag 2 will include a handful of new features that will improve tracking capabilities, according to a new report from Macworld. The site says that it was able to access an internal build of iOS 26, which includes references to multiple unreleased products. Here's what's supposedly coming: An improved pairing process, though no details were provided. AirTag pairing is already...
Apple Foldable Thumb

Leak Reveals Foldable iPhone Details

Monday December 15, 2025 9:09 am PST by
The first foldable iPhone will feature a series of design and hardware firsts for Apple, according to details shared by the Weibo leaker known as Digital Chat Station. According to a new post, via machine translation, Apple is developing what the leaker describes as a "wide foldable" device, a term used to refer to a horizontally oriented, book-style foldable with a large internal display....
ipados 26 1 slide over

Apple Releases iPadOS 26.2 With Multitasking Improvements

Friday December 12, 2025 10:09 am PST by
Apple today released iPadOS 26.2, the second major update to the iPadOS 26 operating system released in September. iPadOS 26.2 comes a month after iPadOS 26.1. The new software can be downloaded on eligible iPads over-the-air by going to Settings > General > Software Update. iPadOS 26.2 continues with the multitasking improvements that were added with iPadOS 26.1. You can now drag and...

Top Rated Comments

dannyyankou Avatar
91 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
91 months ago
Amazing, I guess no one has common sense anymore.
Score: 47 Votes (Like | Disagree)
gugy Avatar
91 months ago
Personal responsibility.

It's lacking big time these days.
Score: 37 Votes (Like | Disagree)
826317 Avatar
91 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
91 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
91 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)