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

AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
Tim Cook WWDC 2018

Report: Tim Cook to Step Down as Apple CEO 'as Soon as Next Year'

Saturday November 15, 2025 2:40 pm PST by
Apple is preparing for Tim Cook to step down as CEO of the company "as soon as next year," according to the Financial Times. The company's board of directors and senior executives "recently intensified preparations for Cook to hand over the reins," the report said. While the report said that Apple is unlikely to name a new CEO before its next earnings report in late January, it went on to ...
iPhone Pocket Short

iPhone Pocket Now Available to Order, But Already Selling Out

Friday November 14, 2025 6:20 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. iPhone Pocket is available to order on Apple's online store starting today, in the United States, France, China, Italy, Japan, Singapore, South Korea, and the United Kingdom. However, it is already completely sold out in the United...
apple silicon mac lineup 2024 feature purple m5

Apple's 2026 Mac Plans

Friday November 14, 2025 3:23 pm PST by
Most of Apple's Macs are slated to get M5 chips across 2026, and there's a possibility we'll even see the first M6 chips toward the end of the year. Updates are planned for everything from the MacBook Air to the Mac Studio. MacBook Air (Early 2026) The MacBook Air will be one of the first Macs to get a 2026 refresh, with an update planned for the first few months of the year. The MacBook...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...
walmart new ornametns

Walmart Black Friday Deals Begin Today With Low Prices on Headphones, TVs, and More

Friday November 14, 2025 7:55 am PST by
Walmart's Black Friday sale has officially kicked off today, with an online shopping event that's also seeing some matching deals in retail locations. There are quite a few major discounts in this sale, including savings on headphones, TVs, and more. Note: MacRumors is an affiliate partner with Walmart. When you click a link and make a purchase, we may receive a small payment, which helps us...
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...

Top Rated Comments

dannyyankou Avatar
90 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
90 months ago
Amazing, I guess no one has common sense anymore.
Score: 47 Votes (Like | Disagree)
gugy Avatar
90 months ago
Personal responsibility.

It's lacking big time these days.
Score: 37 Votes (Like | Disagree)
826317 Avatar
90 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
90 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
90 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)