A couple whose five-year-old daughter was killed after a distracted driver drove into their car is suing Apple for failing to introduce an iPhone safety feature it patented in 2014 to discourage people from using FaceTime while driving.

The lawsuit, filed in Santa Clara superior county court, relates to an incident that took place on Christmas Eve 2014, when a driver allegedly using the FaceTime video chat application on his iPhone 6 Plus drove into the car of Bethany and James Modisette. The couple, along with their daughters Isabella and Moriah, were injured in the accident, and Moriah later died in hospital from her injuries.