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Apple Class Action Lawsuit – When Can You Sue?

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We all know that technology is here to stay. However, as technology continues to become the centerpiece of our lives, we must be cautious about how much we rely on it. Apple, a tech leader, is even starting to face class action lawsuits regarding drivers using their phones and other devices while driving, which causes a major distraction.

Technology has advanced many things in society. For example, the technology of the crosswalk allows safe passage across the street. As time has gone by, people have learned to rely on this safety technology and no longer looks both ways, which has caused the percentage of pedestrian accidents at crosswalks to sky rocket over the years.

That said, our safety and well-being still overshadows the freedom these technologies allow us to have, and this includes using Apple devices while driving a motor vehicle. You may wonder: Do I need a lawyer to sue Apple in an Apple class action lawsuit?

Distracted driver using phone while driving leads to Apple class action lawsuit

Is Technology Obligated To Keep Us Safe in an Apple Class Action Lawsuit?

In California, a man who was rear-ended by a texting driver has filed a class action lawsuit against Apple.  He is calling for the tech giant to enable a lockout feature that will stop drivers from using their phones. This feature can detect speed and GPS location, and would absolutely save lives. But what other problems would arise from forcing us to not receive or send important messages?

According to a news report in Fortune.com, the lawsuit alleges that Apple failed to deploy their technology that could stop drivers from texting. The report went on to blame the phone (not its user) for creating an epidemic of distracted driving and destruction on the roads. Head on collisions and rear end accidents are just a few of the common accidents that distracted driving can lead to, and this is not the first class action lawsuit Apple has faced.

A Forcible Lockout Feature

After he was rear-ended by a texting driver Julio Ceja filed the lawsuit where he asks the judge to halt all iPhone sales in California until Apple agrees to enable their lockout feature to ensure motorists’ safety while driving. Ceja claimed that Apple’s disabled lockout feature is a violation of the state’s consumer protection laws and is looking to include other car accident victims to apply pressure during this lawsuit.

Ceja’s lawsuit claims that there are 52,000 car accidents in California every year as a result of iPhones and that 16 people die on U.S. roads every day due to texting and driving. This is very similar to another lawsuit that Apple is facing involving the parent of a 5-year-old Texas who was killed by a driver that was using FaceTime right before a fatal collision.

The Solution for Distracted Driving

We agree that distracted driving is a huge problem in California, and the state has taken notice. Beginning January 1, 2008, a new law went into effect that would ban all handheld device operation, including GPS devices. This is an extension from the law that enforced no texting while driving in California that still allowed drivers to use other social media apps and messaging apps as a loop hole.

With the law, drivers in California can no longer be on their phones for any reason UNLESS they perform handheld actions from a safely mounted phone with one tap or swipe. Critics do not believe that the states can legislate their way out of the problem of distracted driving and that the onus should be on companies like Apple to use the technology they already have to lock drivers out of their phones when vehicles are in motion.

Others believe that simply because a company has the ability or technology to have a positive effect on the public, the government shouldn’t forcibly require that company to hold the burden of their device and instead the burden should fall on the user.

How to Pursue Class Action Against Apple

The knowledgeable attorneys at Avrek Law are here to help you navigate your legal options when it comes to starting a class action lawsuit against Apple. The consultation is free, and you’ll get expert advice from a law firm with $1 Billion recovered in more than 10,000 cases across the states of California, Arizona, and Nevada. Contact us today – we’re here to help!

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