Apple Watch owner fined $120 for changing songs while driving

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  • Reply 61 of 124
    lkrupplkrupp Posts: 9,724member
    Quote:

    Originally Posted by Relic View Post

     

    That doesn't make sense as they just tell time and for that all cars have clocks in them so there is no need to look at your watch.




    In either event this ‘coalition’ is apparently a one-man operation. The website is amateurish and sparse. It claims to have brought suit against Apple, Samsung, Google, and Microsoft but I can find no evidence of such. The post was a cry for attention from a one-man crusade it would appear.

  • Reply 62 of 124
    Quote:

    Originally Posted by auxio View Post

     

     

    Again, I can control all of those using my steering wheel quite easily without taking my eyes off the road.  My car also has voice commands which can do those things.  This is the reason why I bought a modern car.

     

    As for checking my child, I use the rear view mirror.  Which, technically is taking my eyes off the road, but since it's at the top of my windshield, I still can see things happening on the road.




    So your solution to solve the distracted driving problem is to ban older vehicles. I'll one-up you. Let's require everybody buy an autonomous car as soon as they are available. No big deal, right? Everybody can afford to buy a new $40,000 vehicle.

  • Reply 63 of 124
    zoetmbzoetmb Posts: 2,603member

    It depends upon what he actually had to do.   If the music app was already on the screen and all he did was hit the arrow for the next song, I don't think he deserved the ticket.   IMO, that's no different than hitting a remote button on the steering wheel that some cars have or reaching over to the radio and hitting next.

     

    But if he had to activate the watch and navigate to the music app and then hit the next arrow, that probably was distracting enough that he deserved the ticket.   

     

    My question is how did the cop notice that he was using the watch for that purpose?   Seems to me it wouldn't look that much different than checking the time. 

  • Reply 64 of 124
    auxioauxio Posts: 2,416member
    Quote:
    Originally Posted by Robert Mark View Post

     

    So your solution to solve the distracted driving problem is to ban older vehicles. I'll one-up you. Let's require everybody buy an autonomous car as soon as they are available. No big deal, right? Everybody can afford to buy a new $40,000 vehicle.


     

    My car is actually almost 5 years old now, and worth far less than $40k (probably around half that).  It's possible to get cars which have these types of controls for a reasonable price.  Even the bargain car brands have them as options nowadays.

  • Reply 65 of 124
    zoetmbzoetmb Posts: 2,603member
    Quote:

    Originally Posted by Stephen Joseph View Post



    We have sued Apple regarding distracted driving and the Apple Watch.



    See ddlawsuit.com



    Eyes on the watch means no eyes on the road. In 2013, 3,100 deaths and 424,000 injuries were caused by distracted driving. That is no joke.



    The watch is going to be a major distraction. The icons are tiny and third party apps are slow. That means even more time with eyes off the road. Two seconds with eyes of the road can end your life or the lives of others. The road is invisible (repeat: invisible!!!) when you look at the watch. And many people get sucked into looking at the screen and will forget that they are driving. That's why so many people are killed. They literally forget they are driving. See first video on our website if you don't believe it. Those are real dashcam videos.



    Try this. Look straight ahead, now look at your watch for two seconds. Can you still see ahead? No you cannot. It's like wearing a blindfold.



    Check the videos on our website. If you do nothing else, check the first video on our home page. It's very brief. People just don't appreciate the seriousness of the problem.



    Apple has been irresponsible. It must educate people about why it's so dangerous to use the watch when driving and ask them please not to do it.



    Coalition Against Distracted Driving



    I hope this is sarcastic because if it's not, it's completely idiotic.  Apple does not force you to use your watch while driving.    The responsibility is on each person to drive properly.   Are you suing McDonald's because some people drink their coffee while driving and that can be distracting?   Are you suing companies who make women's makeup because some women apply makeup while driving?   Are you suing radio stations who play noisy comic bits because that can confuse the driver?    Are you suing billboard companies?   Are you suing attractive women who wear mini-skirts?   How about the built-in dash navigation systems?    Why don't you sue towns who have especially nice scenery next to the highway or retail stores who have nice displays in their windows on Main Street.    Etc, etc, etc.

     

    IMO, it's you who are irresponsible.   You're tying up the legal system with frivolous lawsuits that cost taxpayers money.  

  • Reply 66 of 124

    It's impossible to keep your eyes open while sneezing. Therefore, we should fine people for sneezing while driving. 

  • Reply 67 of 124
    jfc1138jfc1138 Posts: 3,090member
    Quote:

    Originally Posted by pmz View Post





    Either you forgot the sarcasm tag, or you're a bottom feeding lowlife that belongs in jail for the soon to be crime of wrongful accusation.



    The latter, I'd heard of this recently.

  • Reply 68 of 124
    jbdragonjbdragon Posts: 2,246member
    Quote:

    Originally Posted by Stephen Joseph View Post



    We have sued Apple regarding distracted driving and the Apple Watch.



    See ddlawsuit.com



    Eyes on the watch means no eyes on the road. In 2013, 3,100 deaths and 424,000 injuries were caused by distracted driving. That is no joke.



    The watch is going to be a major distraction. The icons are tiny and third party apps are slow. That means even more time with eyes off the road. Two seconds with eyes of the road can end your life or the lives of others. The road is invisible (repeat: invisible!!!) when you look at the watch. And many people get sucked into looking at the screen and will forget that they are driving. That's why so many people are killed. They literally forget they are driving. See first video on our website if you don't believe it. Those are real dashcam videos.



    Try this. Look straight ahead, now look at your watch for two seconds. Can you still see ahead? No you cannot. It's like wearing a blindfold.



    Check the videos on our website. If you do nothing else, check the first video on our home page. It's very brief. People just don't appreciate the seriousness of the problem.



    Apple has been irresponsible. It must educate people about why it's so dangerous to use the watch when driving and ask them please not to do it.



    Coalition Against Distracted Driving

     

    Radio's should be pulled from Cars.  Those are HUGE distractions!!!!!  In fact there should be only one seat in a Car because Passengers are also a big distraction.  That for sure means NO KIDS in the car, because talking about a distraction with screaming kids in the back seat, or Kids jumping around, etc.  That's a for sure accident waiting to happen.    Some people are just accident prone no matter what you do, they shouldn't even be allowed to drive!!!   /s

  • Reply 69 of 124
    auxioauxio Posts: 2,416member
    Quote:

    Originally Posted by Robert Mark View Post

     

    It's impossible to keep your eyes open while sneezing. Therefore, we should fine people for sneezing while driving. 




    And here we go with the legal analysis/loophole finding which is the heart of wasting money in the legal system.  Common sense just doesn't apply anymore -- everyone would rather waste time & money over mental exercises like this.

  • Reply 70 of 124
    jfc1138jfc1138 Posts: 3,090member
    Quote:

    Originally Posted by gregquinn View Post



    I don't think we know at what level the driver was distracted by the watch to really make informed comments.



    There may very well be something to that: it does sort of smell like a ticket due to the driver's vehicle wandering on the road and the officer pulled them over for that, then diagnosed the reason for the unsafe behavior and issued that ticket accordingly...

  • Reply 71 of 124
    jfc1138jfc1138 Posts: 3,090member
    Quote:

    Originally Posted by JBDragon View Post

     

     

    Radio's should be pulled from Cars.  Those are HUGE distractions!!!!!  In fact there should be only one seat in a Car because Passengers are also a big distraction.  That for sure means NO KIDS in the car, because talking about a distraction with screaming kids in the back seat, or Kids jumping around, etc.  That's a for sure accident waiting to happen.    Some people are just accident prone no matter what you do, they shouldn't even be allowed to drive!!!   /s




    Joggers alongside roadways should be required to wear burkas, even the guys. While we sue the manufacturer of Spandex of course....

  • Reply 72 of 124
    Quote:

    Originally Posted by auxio View Post

     



    And here we go with the legal analysis/loophole finding which is the heart of wasting money in the legal system.  Common sense just doesn't apply anymore -- everyone would rather waste time & money over mental exercises like this.




    Sarcasm is lost on some people. My point is simply that there are many things that are more distracting than adjusting music on your watch (or phone). It's a very long list. Have you noticed the big laptop screen mounted in the middle of all cop cars? If you think an iPhone causes you to take your eyes off the road, try working a laptop while driving.

     

    Yes, the phones are an easy target, but it's a very slippery slope to start criminalizing ordinary activities. 

     

    The law is plain almost everywhere — keep your eyes on the road. No need to expand on simplicity.

  • Reply 73 of 124
    scottjdscottjd Posts: 64member
    What about applying makeup, shaving, eating, drinking (non-alcohol) while driving?

    Fun fact, most states in the U.S. Originally put the drinking and driving law in the book years ago for just that, drinking anything while driving. Some states still have the law on the books that way they just don't enforce it, and some appended the law to do with drinking as drinking alcoholic beverages.
    So even before technology just drinking a coffee or soda used to be a Ticket offense. So laws governing what you can, or can not do while driving is nothing new. They may get more attention these days from social media and the Internet especially if it's something about a big name new product from apple.
  • Reply 74 of 124
    Distraction while driving is clearly a serious problem.

    The National Highway Traffic Safety Administration reported that in 2012 driver distraction was the cause of 18 percent of all fatal crashes %u2013 with 3,328 people killed %u2013 and crashes resulting in an injury %u2013 with 421,000 people wounded.

    https://www.fcc.gov/guides/texting-while-driving

    It will be interesting to see how this plays out in the courts. Reading that law, I think the gentleman will probably be exonerated. The few laws that are on the books need to be tested and tried. Obviously, the bigger issue is the whether the laws we have mitigate distraction and increase safety. With that said, there is a big difference in usage between handheld, wrist worn, head worn computers and a wristwatch and traditional car radio. People look at their phones 150 times a day on average.

    http://elitedaily.com/news/world/study-people-check-cell-phones-minutes-150-times-day/

    These devices could increase safety as drivers are less likely to become lost and are able to find needed locations such as gas stations, food, etc. with less milage on the road. Unfortunately, we are not at this point yet.

    http://news.health.com/2014/04/03/hands-free-cellphones-dont-make-driving-safer-review-shows/
  • Reply 75 of 124

    The world has a short memory.

     

    This scene was not uncommon prior to smartphones. AAA made millions selling their TripTik services to motorists.

  • Reply 76 of 124
    auxioauxio Posts: 2,416member
    Quote:
    Originally Posted by Robert Mark View Post

     

    Sarcasm is lost on some people


     

    No, I fully understand that you're taking things to an absurd end to try and prove a point.  The trouble is that I see so much stupidity in the world nowadays that I don't even want to put such ideas out there for fear that they'll become something that some people accept as fact and use in lawsuits (this is where the sarcasm is truly lost).

     

    Quote:
     My point is simply that there are many things that are more distracting than adjusting music on your watch (or phone). It's a very long list. Have you noticed the big laptop screen mounted in the middle of all cop cars? If you think an iPhone causes you to take your eyes off the road, try working a laptop while driving.

     

    Yes, I've seen those.  I assumed that it's either the passenger in the cop car using them, or the driver only used them when stopped after pulling someone over.  If I saw a cop using one while driving, I'd report them.  Not that it'd likely do much good, but with enough complaints from people about the same officer, it might help in the long run.

     

    Quote:
    Yes, the phones are an easy target, but it's a very slippery slope to start criminalizing ordinary activities. 

     

    My thinking is that there needs to be strict rules around operating anything which can kill people in a split second of poor judgement.  A car is no different from a gun if operated in a haphazard manner.

     

    I know that you come from the standpoint that cops can/will abuse power if given too much, and I've seen that firsthand too.  For example, a cop used the legislation against license plate covers here as leverage to perform a search of a friend's car (i.e. he was going to give my friend a heavy fine unless he agreed to a search).  But in the case of legislation around distracted driving, it's something which provably leads to injury and death, so I'm supportive of it.

  • Reply 77 of 124
    scottjdscottjd Posts: 64member
    We have sued Apple regarding distracted driving and the Apple Watch.

    See ddlawsuit.com

    Try this. Look straight ahead, now look at your watch for two seconds. Can you still see ahead? No you cannot. It's like wearing a blindfold.

    Coalition Against Distracted Driving

    Really, and why just apple?
    Try this, look straight ahead, now look down at your speedometer to make sure you're not breaking another law to avoid a ticket for speeding for two seconds, a Can you still see ahead? no you Cannot.
    Are you going to sue car manufacturers also and require future speedometers to announce the speed you're going by a voice activated command or something.
    My guess is you live in the U.S., the country of a million senseless lawsuits.

    Updated, I've taken the time to review your site and this lawsuit your organization had filed and I have a few comments that I feel must be addressed. Do I feel for the people in the videos you've posted for attention and sympathy to your organizations cause, well yes. But let's think about the days when we didn't have social media, YouTube, and ways to make people aware of something in masses. Would this have been the same 20 years ago, well the accidents probably but the attention your organization is getting, probably not.

    So my points and questions are, how can your organization possabley assume that "The temptation to check the tiny screen on the watch after receiving a notification is VIRTUALLY IRRESISTIBLE."
    Virtually irresistible, so your saying most people don't have enough common sense and self discipline to wait to check the notifications on the watch until they stop driving. That's a bold assumption considering the notification on the phone would be no different then the watch except were the sound is coming from.

    About the only thing I do agree with stated on this site is that more education is required to teach new drivers the dangers of consciously deciding whether or not to answer, look, or reply to the message notification from your phone or your watch or your stereo.
    So this leads me to the question of why your organization is suing Apple instead of the states driving required education programs kids these days must pass before getting their license. It would seem going after the states to include this education awareness campaign would be a better use of time and resources then going after apple just because they are a big icon company and your organization is using apple to just gain attention to your cause, but I don't see anything being changed about it. In fact in my opinion an new lawyer just out of school will address the same points I have and I see the judge tossing the case out. Just my opinion.

    But since your organization is into falsely accusing and blaming the companies at fault and not the drivers education courses to make new drivers aware of these dangers and teach them to make better decisions on whether to respond immediately or wait until they stop driving just seems like a waist of time. And maybe the time could be spent elsewhere for a better way to teach and get your point across.

    FYI, if my watch changes in function and becomes less use full because a judge does decide that people are to dumb to make a sensible safe call, and wait to respond then maybe people who bought the watch with an expected functionality should sue for reimbursement other $700 or whatever their cost was, since a software update would not make the watch less useful than it was advertised as when I originally purchased it. Same thing happened to a GPS stereo I bought when a software update disabled the ability to change the destination while driving when my significant other, my passenger is more then capable of entering the new destination without causing any distraction to me and my driving. But now I have to pull over to change the destination to find the closest gas station, which by the way is a waist of gas just to pull over to do this task.

    All I'm saying is go after were it would make the most sense and that to me is teaching and the education campaign statement made on your site, not blaming the creators of a product or advancements of new technology.

    Your page quotes "THE APPLE WATCH IS BEING UNLEASED ON AN UNSUSPECTING PUBLIC THAT DOES NOT APPRECIATE THE CONSEQUENCES IF IT IS USED WHEN DRIVING. THERE HAS BEEN NO PUBLIC EDUCATION ABOUT IT WHATSOEVER.

    THE APPLE WATCH IS OPENING A FRIGHTENING NEW ERA ON OUR STREETS AND HIGHWAYS. THERE MUST BE A PUBLIC EDUCATION CAMPAIGN. PEOPLE MUST BE TAUGHT/TRAINED NOT TO USE THEM WHILE DRIVING."

    I would also change this to not target the public education to be specifically against the apple watch, but about mobile wireless technology devices in general. I still think your organization is specifically writing about the Apple watch only to get attention and try to create a news media frenzy at making the Apple Watch look bad. It's borderline slander, and if I was apples legal team I would be slapping your organization with the cease-and-desist order. But they probably won't do that since that would make apple look like the bug mean giant.
    Change the statement to all cell phones, all smart watches and leave apple specifically out of it.

    To be clear, I'm not attacking your organization, or the organizations cause. In fact I agree with the education part statement if it was not specifically about one watch. I'm merely suggesting that your organization should go after what changes really need to be made and not blaming a new specific product or new technology.

    I'm done...... I would like to see you actually respond now since you have not responded to anyone's comments yet about your post,
    If not, and you don't want to have an intellectual debate then everyone else on this site should delete their responses to your post and flag your original post until it's deleted from the thread as to not promote your organizations slander.
  • Reply 78 of 124
    scottjdscottjd Posts: 64member
    relic wrote: »
    That doesn't make sense as they just tell time and for that all cars have clocks in them so there is no need to look at your watch.
    And just curious, we're is the clock located in your car? I've seen e clock on some roof hanging on board Notification Center, so you have to look up at the roof of the car for the time? I know mine is further away looking off the road then if I was to look at a watch,
  • Reply 79 of 124
    He darn well should "enlist legal counsel." It's no more distracting than using one hand to select radio stations on the car's built-in system, change the temperature or turn on the heated seats. Probably less distracting, because you are operating functions on the wrist of the hand still on the steering wheel. This driver must have been doing something rude that the cop didn't like and this is just the only thing the cop could think to get him on. They'll do that if they're having a bad day or looking for an excuse to meet ticket quotas.
  • Reply 80 of 124
    mac_128mac_128 Posts: 3,454member
    Quote:

    Originally Posted by scottjd View Post



    Try this, look straight ahead, now look down at your speedometer to make sure you're not breaking another law to avoid a ticket for speeding for two seconds, a Can you still see ahead? no you Cannot.

    If you need to look at your pedometer for two full seconds to make sure you're not speeding, then you should probably get your eyes checked. 

     

    The issue as I see it, is that any interaction with the watch is going to A) change your optical and cognitive focus from the road for an extended period of time. In order to see the watch your hand will have to be brought up to your face, thus changing your optical focus, changing your ability to see the road. The speedometer by comparison is just under the horizon of the primary focal point. Add to that, any interaction with the watch is likely to involve more cognitive focus to select music, or read a notification, or whatever. And depending on the result of that interaction, a person may become further engaged with the watch as a result. The net result is becoming distracted from what's happening on the road. And finally one has to somehow tap the watch face with the other hand while driving, in order to interact with it. 

     

    Now I'm the first to admit that I'm guilty of taking both hands off the wheel momentarily to do something, say open a food package. And I'm guilty of changing my focus and concentration from the road to the car radio, or navigation system while driving. However, generally for both of those, the eyes are not refocusing on an object immediately in front of your eyes, but at something on the dash, which is again just below the horizon providing a general field of vision. The danger of distraction by the device is just as real however.

     

    While I'm not a fan of lawsuits in general, unfortunately, sometimes that's what it takes to focus people on the potential dangers. The smart watch poses a danger when used irresponsibly, and better somebody wage a frivolous lawsuit to make somebody think twice about what they are doing than die behind the wheel oblivious to how irresponsible they're being. But this is certainly not Apple's problem, at least not exclusively. Should Apple be proactive in assisting their customers to the proper use of new technology which has the potential for customers to abuse in some situations? I think so. Smartwatches do so much more than a traditional wristwatch that it's possible for someone who might have just glanced at their wrist for the time while driving, to now become absorbed in the content it now displays, without even realizing it, or giving thought to the fact they shouldn't be doing it. 

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