Apple is facing a lawsuit for a fatal car crash caused by a driver distracted by FaceTime. The plaintiffs point out that Apple had failed to roll out technology the company actually had a patent for that could have prevented the app from being used while driving. The case stems from road accident that happened in Texas on December 24, 2014.

The plaintiffs filed the suit in early December. The lawsuit alleges that driver, “distracted while using the ‘FaceTime’ application on an iPhone 6 Plus during the operation of his motor vehicle,” collided into the rear of another car that was idle due to traffic. The car was occupied by James and Bethany Modisette, as well as their two children Isabella and Moriah. The crash caused severe injuries to the family, leading to Moriah’s death in the hospital due to their her injuries.

The plaintiffs point to a patent Apple applied for in 2008 and granted in 2014 that would “lock out the ability of drivers to use the ‘FaceTime’ application on the Apple iPhone while using a motor vehicle.”.

For more news and updates on road and traffic incidents in Texas, stay tuned to this blog. If you need legal advice on what to do after a car accident, talk to the San Antonio car accident lawyers at our personal injury law firm.