A family has filed a lawsuit against Apple alleging that the technology company should be held accountable for encouraging distracted driving after their daughter died because of a driver using FaceTime.

According to Courthouse News, James and Bethany Modiesette assert that Apple patented a safer version of FaceTime in December 2008 that would restrict iPhone owners from using the FaceTime application when driving by using GPS to track their movements and speed. However, the application was available for the iPhone 6 without this feature.

On December 24, 2014, a car driven by James Modisette with his 5-year-old daughter, Moriah, onboard was rear-ended by another motorist. Both James and Moriah were rushed to local hospitals where the young girl eventually died from her injuries. Speaking with police, the driver of the other car admitted that he was using FaceTime at the time of the wreck.

In the lawsuit, the family says “Defendant Apple Inc. has had the technology to prevent these events, and the Modisettes’ injuries, specifically since at least Dec. 12, 2008, when it filed an application with the U.S. Patent Office for a ‘driver handheld computing device lock-out.”

The family is seeking punitive damages and economic damages related to the injuries suffered.

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