Apple Sued for lack of 'Lock Out' on iPhones while driving. (2 Viewers)

[Mr. Ected]

I read the article below that a class action suit has been filed against Apple because you can text while driving on an iPhone. My question on this is how do you program the phone to tell if someone is driving? I understand you can tell things like motion and GPS movement and use that to lock the phone down, but does that mean you would also lock the phones of people that are passengers? What about on a bus or a train? Also how do you use a phone for directions and other map-based tasks while driving if it is locked?

I understand the need to figure this out, but I don't think it is all that simple. I wonder if you can do something with Apple CarPlay and only allow voice-based texting on the phone of the driver, while locking that phone down. But then you would be tied to stereos that operated with CarPlay.

There already seems to be ways of doing this, Spin mentioned an app in the 'MotoSafety - tracking teen driver' thread.

Class-action suit demands Apple add lock-out system to iPhone to prevent texting while driving
By Malcolm Owen    
Wednesday, January 18, 2017, 08:43 am PT (11:43 am ET)

A new class action lawsuit filed in California seeks to force Apple into adding features to the iPhone that will help prevent drivers from texting while behind the wheel, while also alleging Apple is putting profit before consumer safety.

Filed at the Los Angeles County Superior Court by MLG Automotive Law, the lawsuit claims Apple "had the technology to prevent texting and driving since 2008," noting also that it was granted a related patent in 2014. Despite this, it is alleged Apple refuses to implement the technology in the iPhone "over concerns that it will lose market share to other phone-makers who do not limit consumer use."

The suit identifies Julio Ceja of Costa Mesa, California as the plaintiff, involved in a car accident where his vehicle was hit from behind by another driver, reportedly distracted by using her iPhone.

To bolster the lawsuit, data from the U.S. Department of Transportation claiming 1.5 million people are texting and driving on public roads at any given moment. The National Highway Traffic Safety Administration classifies texting and driving as six times more dangerous than driving while drunk.

It is also alleged the iPhone is responsible for 52,000 automobile accidents in California each year, based on data from the California Highway Patrol and the Federal Highway Administration, as well as an average of 312 deaths annually.

"Texting and driving has become one of the most serious issues that confronts all of us on a daily basis," said MLG Automotive Law founding member Jonathan Michaels. "Legislating against drivers will unfortunately not solve the problem.

"The relationship consumers have with their phones is just too great, and the ability to slide under the eye of the law is just too easy. Embedding lock-out devices is the only solution."

The class action wants to halt all iPhone sales in the state of California until Apple introduces some form of lock-out device that can prevent texting while driving.

Some may consider the class action lawsuit to be frivolous, as it is filed one month after another similar lawsuit against Apple, blaming FaceTime for distracting a driver involved in a fatal car crash. That suit also brings up the apparent availability of the technology to lock-out iPhone use while driving, as well as the 2014 patent, but rather than forcing Apple to implement a solution, that suit seeks damages and medical expenses.

 

[Grace Under Pressure]

Texting and driving is specific to Apple?

 

[FUBAR]

Let's sue budweiser and Remington while were at it. 

 

[Mr. Ected]

Texting and driving is specific to Apple?

No, but the people filing the suit were in an accident where they were hit from behind by someone texting with an iPhone while driving.

 

[RUSF18]

I read the article below that a class action suit has been filed against Apple because you can text while driving on an iPhone. My question on this is how do you program the phone to tell if someone is driving? I understand you can tell things like motion and GPS movement and use that to lock the phone down, but does that mean you would also lock the phones of people that are passengers? What about on a bus or a train? Also how do you use a phone for directions and other map-based tasks while driving if it is locked?
 

The answer is you can't right now. I know Waze at least used to not accept input of a location if it determined you were in motion. A message would pop up asking you to confirm you were a passenger, and then you had to input a code or something to get it to move forward. But that seemed to go away quickly in an update. Probably because drivers would then just get into more accidents inputting the code...

 

[James Daulton]

Man, we are soooo lucky to have lawyers like this watching out for us.  I don't know how citizens aren't constantly killing themselves in other countries without the keen insight and sacrifices that our lawyers make for all of us.

jk don't sue me lawyerguys, I think you're awesome!

 

[[icon]]

####### california . 

 

[Koya]

#### lawyers and the pathetic petty money grubbers who shirk personal responsibility by forwarding these claims.

Should my bourbon bottle have a sensor on it also? 

Seriously, have some ####### responsibility for your actions people. Don't ####### text, and if you do, accept responsibility for the consequences. 

 

[Brony]

I tried suing Kelloggs' when my car wouldn't lift with Apple Jacks.

 

[Mr. Ected]

####### california . 

Wonderful profile gif!

 

[RokNRole]

I foresee this turning in to a whole lot of nothing

 

[FUBAR]

#### lawyers and the pathetic petty money grubbers who shirk personal responsibility by forwarding these claims.

Should my bourbon bottle have a sensor on it also? 

Seriously, have some ####### responsibility for your actions people. Don't ####### text, and if you do, accept responsibility for the consequences. 

Agreed, except the person suing wasn't texting.  

The suit identifies Julio Ceja of Costa Mesa, California as the plaintiff, involved in a car accident where his vehicle was hit from behind by another driver, reportedly distracted by using her iPhone.

 

[Koya]

Agreed, except the person suing wasn't texting.  

Ok, that's fine. Then hold the people RESPONSIBLE for your misfortune to the fire, don't try to money grub through overly litigious bull####.  

 

[Reg Lllama of Brixton]

####### california . 

 Yeah, this is something that would only happen in California.  

 

[BowieMercs]

Does Apple have a patent on this "feature"? I suspect they might... they patented round corners. If so, they are properly screwed.

 

[Doug B]

If the from-behind driver was, instead of texting, checking out a book ... could Random House be held liable?

If the from-behind driver was, instead of texting, putting on mascara ... could Revlon be held liable?

If the from-behind driver was, instead of texting, changing out a CD ... could Geffen Records or Blaupunkt be held liable?

Etc. Why would texting be different?

 

[avoiding injuries]

We need to get rid of radios and climate controls too. I got into an accident when I was 16 while changing the radio station. So dangerous. 

 

[FUBAR]

Agreed, except the person suing wasn't texting.  

Ok, that's fine. Then hold the people RESPONSIBLE for your misfortune to the fire, don't try to money grub through overly litigious bull####.  

While I agree, and this lawsuit is bull####, if the driver is uninsured and the victim was severely injured, apple is better able to pay.  Deep pockets. 

But if the lawsuit is solely intended to get cell phone companies to improve security features... it still is crap (we don't sue car manufacturers for enabling drunk driving, although that might be Next

[Quote ]

recently the Department of Transportation unveiled the latest steps toward developing anti-drunken-driving technology that would allow a car to detect drivers impaired by alcohol and stop them from turning on the car.

Auto safety officials demonstrated a new test vehicle equipped with special touch pads that can instantly measure whether a driver has been drinking. The technology, which could exist on the steering wheel or the starter button of keyless ignitions, could become a reality for consumers as soon as the end of the decade.

A competing system being developed captures drivers’ breath and instantly analyzes it for alcohol content. Research into both systems is being financed by auto regulators and a consortium of automakers as part of what is known as the Driver Alcohol Detection System for Safety program.[/quote]

 

[Jobber]

If the from-behind driver was, instead of texting, checking out a book ... could Random House be held liable?

If the from-behind driver was, instead of texting, putting on mascara ... could Revlon be held liable?

If the from-behind driver was, instead of texting, changing out a CD ... could Geffen Records or Blaupunkt be held liable?

Etc. Why would texting be different?

Because Apple has deep pockets.

 

[The General]

Apple pays out millions, people collect 22 cents, lawfirm sleazballs take a third, some software update comes out later. That's how I read this works in a John Grisham book.

 

[RokNRole]

If I crash from a hummer while driving can I at least ask for my money back?

 

[NutterButter]

I wish there was a way to ban texting when driving.  Very dangerous.  I'm guilty of it from time to time.   Far, far more distracting then anything else mentioned above.  

 

[culdeus]

I got rear ended by a texting driver, can I join in the class action?  

 

[NutterButter]

I got rear ended by a texting driver, can I join in the class action?  

Absolutely.   You're check for $2.49 will be arriving shortly.   

 

[Glass Joe]

The answer is you can't right now. I know Waze at least used to not accept input of a location if it determined you were in motion. A message would pop up asking you to confirm you were a passenger, and then you had to input a code or something to get it to move forward. But that seemed to go away quickly in an update. Probably because drivers would then just get into more accidents inputting the code...

Not true. I was on a project at my company in which we used smart phones to gauge driving safety. We can even determine if you were a driver or passenger. The logic is proprietary so I can't tell you how it's done, but we can do a pretty good job of determining if you're driving.

 

[NutterButter]

Not true. I was on a project at my company in which we used smart phones to gauge driving safety. We can even determine if you were a driver or passenger. The logic is proprietary so I can't tell you how it's done, but we can do a pretty good job of determining if you're driving.

If you could release that technology soon so that I can install it on my kids phones before they start driving that would be swell.  

 

[Galileo]

#### lawyers and the pathetic petty money grubbers who shirk personal responsibility by forwarding these claims.

Should my bourbon bottle have a sensor on it also? 

Seriously, have some ####### responsibility for your actions people. Don't ####### text, and if you do, accept responsibility for the consequences. 

Nah...there is really no issue with drinking while driving, except the possibility of spilling your drink.  Now, driving after drinking on the other hand... 

 

[jhib]

If the from-behind driver was, instead of texting, checking out a book ... could Random House be held liable?

If the from-behind driver was, instead of texting, putting on mascara ... could Revlon be held liable?

If the from-behind driver was, instead of texting, changing out a CD ... could Geffen Records or Blaupunkt be held liable?

Etc. Why would texting be different?

From the quoted text, it sounds like the argument would be that texting is different because Apple has the technology available to stop it while driving but just hasn't implemented it. Random House/ Revlon don't have the same ability. 

But maybe auto companies should be expected to disenable CD swapping while the car is moving?  I doubt that's nearly as big a problem, though. 

 

[jhib]

I got rear ended by a texting driver, can I join in the class action?  

Sorry, but I'm pretty sure they're just talking about auto accidents here. 

 

[Jayrod]

We need to get rid of radios and climate controls too. I got into an accident when I was 16 while changing the radio station. So dangerous. 

And black ice.  We should ban all colors really, but black ice is clearly the worst.

 

[Doug B]

Because Apple has deep pockets.

I understand why Apple is being sued. What I don't understand is how Apple could be found liable. Shouldn't this lawsuit be essentially a summary loss for the plaintiff if Apple were willing to dig in and not settle?

The car companies have deep pockets, too. Why not sue Ford, GM, Toyota? Why not sue the tire manufacturer? Etc.