Are App Makers Responsible for Distracted Driving Accidents? |
Posted: May 23, 2017 |
On a warm, late-Spring night, an 18-year-old got in her parents’ white Mercedes-Benz and went for a drive. On a suburban highway with a posted speed limit of 55 mph, she accelerated to more than twice the legal limit. She was not racing. She was not trying to impress her passengers. Instead, she was trying to post a video to Snapchat using a filter that would provide proof of how fast she was willing to go. While climbing to a top speed of 113 mph – a speed at which she was traveling the length of a football field every 2.5 seconds – she did not notice the SUV merging onto the road ahead. She did apparently brake at the last minute, but she was still going 107 mph when she hit the SUV. As a result of the accident, the SUV driver suffered a traumatic brain injury that left him hospitalized for months. With the teen driver’s criminal case pending, the SUV driver filed suit seeking financial compensation for his medical bills and the debilitating effects of his injury. Not only did he sue the teen driver, but he also sued Snapchat. Arguing on his behalf, his attorneys alleged that Snapchat should have known the “speed filter” was dangerous (based on previous reports of similar incidents), and that it was negligent for putting such a dangerous tool in the hands of a teen driver. Snapchat “Speed Filter” Lawsuit DismissedThe accident occurred on September 2015. The SUV driver filed his lawsuit the following April. By January 2017, Snapchat was out of the case. The judge presiding over the case dismissed the claims against Snapchat, citing a provision of the Communications Decency Act (CDA) which states: “[N]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Other cases against app makers, including Apple, have yielded similar results, though not based on the CDA. Typically, the argument goes that app makers should be treated the same as gun makers and billboard owners – they sell a legal product, and if someone shoots to kill or gets distracted by an advertisement, the company behind the product is not to blame. The quoted portion of the CDA applies specifically to Internet service providers; and, while many commentators have questioned the trial judge’s reasoning, many are also calling for reforms that would put more onus on app makers to think about the dangers their apps might create. Where You Injured by a Distracted Driver?If you were injured in an accident involving a distracted driver, it is important that you speak with an attorney. The long-term physical, financial and emotional consequences of traumatic injuries are far greater than most victims realize, and you deserve to be fairly compensated for your current and future losses. While you may or may not have a claim against the company that made the app that led to your accident, you could have a claim for significant compensation against the distracted driver’s insurer. Searcy Denney Scarola Barnhart & Shipley PA | Florida Car Accident LawyersTo speak with an attorney about your rights, contact the Florida law offices of Searcy Denney Scarola Barnhart & Shipley PA. You can reach us by phone at (800) 780-8607, or request a free consultation online.
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