California recently passed a new law banning drivers from keeping their phones. It doesn’t matter what your phone is used for, just having it in your hands is illegal. You are not allowed to hold a cell phone while driving, regardless of whether you are texting or talking .
Is Apple Required to Lock Drivers out Of Apps in California?
A class action lawsuit was filed against Apple by the Los Angeles Superior Court to determine whether Apple is liable for accidents that were caused by distracted driving behavior. This includes drivers who were texting or using an iPhone App. Plaintiffs want Apple to stop selling iPhone 6s in California until it has added a safety feature that prevents drivers from using their apps or text messaging services while driving. This technology was created in 2008 and granted a patent to Apple in 2014.
But, the technology is not available on iPhones, so people are trying to change that. Plaintiffs want to order the company to update phones that already have the safety app, so that they can be used by everyone.
What started this class action lawsuit against Apple?
California woman was hurt in rear-end collision caused by driver distracted by her iPhone. This incident led to the class action lawsuit against Apple. A 5-year-old boy was killed in a rear end collision that was not involved in this case. The Santa Clara County driver was using his iPhone for Facetime.
Distracted driving is a growing problem. Smartphones are now a common tool that almost everyone has and many people use while driving. These incidents are not only caused by distracted texting but also apps that allow drivers access to Facetime and complex navigation systems.
What about laws that ban distracted driving and cell phone use?
These laws are difficult to enforce. Many states have laws prohibiting the use of cell phone while driving. California’s latest law, for example, prohibits drivers from using their phones while the vehicle is moving. Even though the police may not be able see the driver’s cell phone, the driver’s efforts to conceal the fact from police can make them more dangerous on the roads. Drivers who know they could face severe consequences for using apps or texting while driving will be motivated to conceal it. They then divide their attention between driving and using their cell phones, while keeping an eye on the police.
Any driver who is fully aware of the law will lie if asked if they used a cellphone while driving. They may be able put their phone away before police arrive in an auto accident. The other driver may notice the at-fault driver on their phone and make an accusation. This could prompt an investigation.
Summarized from an article by Sargent Law Firm.
