Wentworth Maynard, a man who claims to have been the victim in a serious wreck that caused him to suffer permanent brain damage, is now suing both the driver and the makers of the app Snapchat, the photo-sharing app which he claims the at-fault driver was using when the crash occurred. Maynard asserts that the at-fault driver was using the app’s speed filter, which uses the phone’s accelerometer to measure the user’s speed when a photo is taken and prints it on the photo.

Maynard was driving for Uber on the night of September 10, 2015, when the crash occurred. Eighteen-year-old Christal McGee was out driving with her girlfriends, driving at speeds that Maynard’s experts estimate reached 107 mph, according to his lawsuit. As Maynard attempted to enter the highway on which McGee was driving, McGee slammed into the driver’s side of Maynard’s car. McGee claims that Maynard is responsible for the accident, having drifted into McGee’s lane without signaling.

Maynard suffered a serious traumatic brain injury in the crash and was forced to spend the following five weeks in the intensive care unit. Maynard continues to suffer the effects of permanent brain damage. He has lost 50 pounds since the accident, cannot get around without help from a wheelchair or walker, and has been unable to return to work. Maynard is seeking money damages from McGee and Snapchat’s developers to cover his expenses resulting from the accident.

Maynard claims that, since Snapchat knew of the dangers related to the speed filter, they had a duty to remove it from the app. According to the lawsuit, Snapchat’s “responsibility to act reasonably to take steps to eliminate risks associated with their products” necessitated that they disable the speed filter, but having negligently failed to do so, they can be held liable for the injuries resulting from use of the filter. Snapchat claims that its warning not to “snap and drive,” as well as an admonition in its terms of use not to use the app in a dangerous manner, is sufficient to meet any safety responsibilities it may have toward its users.

If you have been hurt in a serious accident with a distracted or otherwise reckless driver in South Carolina, seek the compensation you need and deserve for any resulting medical expenses or lost wages by contacting the knowledgeable and compassionate Columbia personal injury attorneys at Peake & Fowler for a free consultation, at 803-788-4370.