Distracted driving has been an issue for many years. With the rise of cellular phone and app usage, however, the rate of accidents caused by distracted driving has increased immensely. The ever-popular cellphone app has been making headlines recently for their time in court. Lately, the app company has been sued because of a certain filter on this particular app that often distracts drivers while riding down the road. This speed filter, which is placed on photos to tell others the users’ current speed, has allegedly been causing unsafe driving. Somehow, the creators of the disappearing pictures and messages have had their case disappear in court. Unfortunately, the driver injured in a car accident while Snapchat-ing remains a part of the lawsuit, and it seems that an accident attorney might be needed in the case.
This Snapchat filter works by placing the speed of the traveler in an overlay filter over their photo (Snap) within the app. This filter, unfortunately, played an important role in the lawsuit against Snapchat when the injured driver claimed that the defendant driver was using Snapchat. The defendant driver was allegedly using Snapchat during the accident and was even speeding to create a higher speed filter for the Snap (photo). The injured driver has a right to hire a car accident lawyer (personal injury lawyer) to defend his case against the other driver and the app company.
Snapchat has made several claims of an in-app warning to users of the app, telling them not to “snap” while driving. The app claims to warn drivers of the dangers of distracted driving, but the app is still a problem in car accidents everywhere. The injured driver in this case, however, was wanting the help of a car accident lawyer and personal injury lawyer to hold the app company liable for the accident. This accident was not alone, though. In fact, there have been several car accidents caused by irresponsible use of the app and the filter as well as other cell phone apps. Snapchat had been notified of the dangers of the app, yet the app still thrives, and the filter has not been removed.
Lucky for Snapchat, a law from 20 years ago made it possible for the company to be immune from any liability or lawsuit in court. This Communications Decency Act was passed to prohibit both the sharing of obscene content and indecent content from the internet to protect children from evils found on the internet. The definition of the act is a bit vague, but there are several examples that make the CDA easier to understand. This Act gave special immunity to online service providers for content posted by users. For example, a website building internet service provider is not liable for the content posted by their users on the users’ websites. In other words, the website building servicer provider is immune from liability for what their users publish through the website building service. It looks like Snapchat was able to slip around this liability by using this act even if they knew their app was dangerous.
Plaintiffs, with the help of personal injury lawyers and car accident lawyers, have been considering an appeal for the lawsuit. Their possible decision could make headlines, and it could even change the face of apps and app makers in the future. App companies have also been facing more legal battles than they ever have before, especially when it comes to distracted driving. With all of the legal complications coming from distracted drivers using their cell phones on the road, it is no wonder that app companies have not been changing their policies to ensure that no one uses their apps while driving.