A vehicular accident in December 2014 that involved the Modisette family, left James critically injured and Moriah, 5 years old, dead. Garrett Wilhelm, the driver of the other car faced manslaughter charges, but it would appear that he was not solely at fault.

The lawsuit can be seen on Courthouse News. It shows that Wilhelm already admitted to being on his smartphone at the time that he crashed into the rear of the Modisettes' Toyota Camry. Two years after the accident, the Modisettes are claiming that Apple was partially responsible for what happened.

According to the lawsuit, Apple applied for a patent for a new technology in 2008. This new feature is an alternative design that will "lock out" the ability of drivers to utilize the FaceTime app on their mobile devices. It is written that the Cupertino-based tech company could have installed the new technology by the time the accident happened.

David Teater, who used to work for the National Safety Council, also lost a son because of a distracted driver. He commented that tech companies are afraid to cut off service for their paying patrons. None of them wants "to be the first to block texting and driving."

However, Teater is convinced that "if Apple had deployed this technology ten years ago, there would be more people alive today." "How would you feel knowing Apple had the ability to prevent your teen from ever texting and driving, and they chose not to?" he said, as reported by The New York Times.

The patent indicated that "hand-held computing devices can provide a lockout mechanism" by making use of location, scenery, and motion sensors to find out whether or not the phone was moving. According to Christopher Klutz, a professor at the University of California School of Law, Apple "failed in their social responsibility" when they did not implement the new tech.