602warren

Sue the manufacturer of the car that hit them, for not installing a self braking feature - they have that technology now. Sue the Texas MVD for not providing adequate roadways for drivers, thus causing congestion and the accident. Sue the person the driver was face timing for distracting them! Sue the wireless carrier for allowing the FaceTime call to be sent through its network. Basically, just go after anyone and everyone involved, no matter how far removed from the situation they are.  Sadly - my guess is they'll settle out of court for an undisclosed sum. Sorry you lost a child, but its no ones fault but the 20 year old driver of the other car for being stupid enough to FaceTime while driving.

brakken said:

How does the phone differentiate between a driver and a passenger?

Simple solution would be any mobile device connected to the cars bluetooth/infotainment center (Typically just the driver in most cases) would be immediately put on 'limited' mode. Most phones now can recognize the difference between a cars bluetooth and say your Apple watch bluetooth - which is how Maps now shows you approximately where you parked when you leave your vehicle. So recognizing you're *probably* the driver of a car wouldn't be too difficult.