A couple is suing Apple, the software giant, citing that FaceTime distracted a driver in a fatal crash.

James and Bethany Modisette are suing apple for failing to install and implement a "safer, alternative design" for FaceTime that would have helped to prevent a driver from using the app while traveling at highway speed. Their 5-year-old died in an accident back in 2014. Garrett Wilhelm was traveling behind the Modisette car when traffic was slowing down due to police activity, but Wilhelm did not.

As a result of that distraction, his Toyota 4Runner, while traveling at full highway speed (65 mph), struck the Modisette family car from behind, causing it to be propelled forward, rotate, and come to a final rest at an angle facing the wrong direction in the right lane of traffic. Wilhelm's car then "continued its trajectory by rolling up and over the driver's side of the Modisette car," the suit claims", according to ABC.

More From The New 96.1 WTSS