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Drivers, not manufacturers, still responsible for poor decisions behind the wheel

As distracted driving continues to be an important safety issue, manufacturers are exploring more ways to reduce the temptation for drivers to pick up their phones. It’s a work in progress, though, and manufacturers are entirely sure about how and whether to implement the developing technologies. Depending on how product liability law develops around the issue, manufacturers could end up being forced to develop such technologies or face civil liability for failing to take steps to prevent distracted driving.

Take, for example, an out of state case in which the families of accident victims have accused Apple of failing to prevent one of its customers from texting while driving. Although plaintiffs in the case face an uphill battle, some say the case could force Apple and other wireless technology manufacturers to reevaluate whether they should take steps to develop technology which could prevent texting while driving. 

The move to place liability for distracted driving on manufacturers is tempting, of course, from a plaintiff’s perspective. While any given distracted driving may not have the ability to fully compensate their accident victims, manufacturers have the deep pockets. At present, though, it is drivers who are responsible for their own actions behind the wheel. This includes the decision to engage in distracting activities such as talking and texting.

Those who have been harmed by a distracted driving have the right, of course, to fair and full compensation for their injuries and losses. Working with an experienced attorney is important to build a solid case strategy and to give the accident victim the best shot at maximizing his or her damages.  

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