Jim Adler | The Tough, Smart Lawyer
By Jim Adler March 7, 2017

Photo by Believe_in_me (iStock by Getty Images)

While it’s long been known that cell phone distractions can cause car accidents and, in fact, have killed thousands of Americans, the forms of cell phone distractions keep changing and increasing. Not content with talking or texting by cell phone while at the wheel, many drivers now have the added distractions of video chatting, perhaps via Skype or FaceTime.

Video chats enable persons at either end of the connection to see each other while talking. But if just talking on a phone is distracting while driving, imagine talking and driving while also looking at a video screen. It sounds like a formula for fatalities — and it has been.

FaceTime Lawsuit

In fact, FaceTime is the subject of a wrongful death lawsuit brought by the Texas parents of a girl, 5, who was killed in a car crash near Dallas on Dec. 24, 2014. That’s when a driver engaged with Apple’s FaceTime video chatting crashed into the Modisette family’s car while traveling at 65 miles per hour.

Police reportedly discovered that FaceTime was running on the iPhone of the driver who plowed into the family’s vehicle. Killed in the Christmas Eve tragedy was Moriah Modisette.

Now her parents are suing FaceTime maker Apple for failing to implement iPhone features which would have automatically disabled FaceTime by using technology in the iPhone which can detect highway speeds.

The family contends that Apple was aware of the dangers of drivers using FaceTime while at the wheel, given the fact that, in 2008, Apple patented a “lockout” technology to disengage FaceTime. But no such technology prevented their tragic crash.

The family’s video chatting lawsuit was filed recently in Santa Clara Superior Court in California. Apple’s corporate headquarters are located in Cupertino, CA, which is in Santa Clara County and near San Jose.

Apple has not yet commented on the lawsuit.

Many Video Chatting Apps

Along with Facetime for iPhones, video chatting apps also are available for many other types of cell phones, including those by Android. In fact, Android alone offers four different video chatting apps.

Other video chatting apps include those by Tango, ooVoo, Google Hangouts and Verizon’s Advanced Calling 1.0. Such devices as these or Facebook’s Messengers also can be used via a pad or a regular computer, not just a phone.

Keep in mind that the person at the other end of a video chatting app must have the same app for the connection to work. But some apps are more adaptable than others. Google’s new Duo app, for instance, is available for both Android and iOS users, unlike Facetime.

Some apps also enable users to gather in groups for simultaneous video chats involving many family or business members. This can be a rewarding experience.

But, using video chat devices while trying to drive a car at high speeds is beyond foolish. It is reckless and willfully dangerous. In fact, such video calls clearly are even more dangerous than audio-only calls, which at least don’t encourage drivers to look regularly at a phone’s screen.

Distracted Driving Lawsuits

Jim Adler & Associates staunchly supports safe driving efforts and urges all Americans to “hang up and drive.”

If you or a loved one was injured in a distracted driving accident with a driver who was video chatting or otherwise driving recklessly, contact our law firm for a free case review. Your family may be legally entitled to substantial financial compensation for your injury losses via a distracted driving lawsuit.

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Testimonials

Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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