The Coalition Against Distracted Driving (CADD), founded in 2015, is an L.A.-based public interest group whose mission is to “promote effective and ongoing public education about the risks and dangers of distracted driving, thereby preventing injuries and saving lives.” Last year, the group filed a lawsuit against Apple, Google, Microsoft, and Samsung to try to force the companies to establish a $1 billion program to educate American motorists about the dangers of using cell phones, especially smartphones, while driving. In March of this year, we saw the third amendment to this lawsuit to-date, and the new complaint contains some straightforward and alarming language.
CADD claims that the use of smartphones while driving is a “national epidemic” in the United States, and according to the lawsuit: “as Defendants are fully aware, the temptation to view the screen of a smartphone or smartwatch after receiving a notification is virtually irresistible, and sometimes completely irresistible, especially to a teen engaged in a texting conversation.” It also states that the need to check our phones is, or should be considered, an “addictive” or “quasi-addictive” behavior.
According to the National Highway Traffic Safety Administration (NHTSA), “at any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving,” and this rate has held steady for the past six years. Distracted driving is not only a serious problem in the country, but a problem on the rise, and perhaps the primary emphasis of CADD’s lawsuit is that smartphone users “do not know, understand, realize, or appreciate that even one or two seconds of mental distraction are enough time to cause a crash.”
CADD believes that these smartphone companies have a legal duty to warn customers of the risks and dangers of cell phone/smartphone use while driving, and the lawsuit includes some suggested warnings that should be included when these phones are purchased.
Possible warnings include:
- Viewing and typing on your phone while driving is extremely dangerous.
- Taking or viewing photos or videos while driving is extremely dangerous.
- Removing a hand from the steering wheel to hold or manipulate a phone may cause loss of safe control of the vehicle.
- Mental distraction caused by using a smartphone or smartwatch significantly reduces your ability to focus or concentrate on safe driving.
- You must observe all laws that prohibit use of your smartphone or smartwatch while driving.
If you or a loved one has been injured in an accident involving a distracted driver, contact America’s Consumer Lawyer for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
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