Legal Question in Personal Injury in Virginia

Background: My daughter is an 18 yr. old, High School Senior, in the state of VA. Her school sponsored a "Drive to Stay Alive" campaign sponsored by ABC News 7. The assembly was mandatory for all Junior's and Senior's. At the conclusion of the assembly, the school Principal asked each student to sign the "Oprah No Phone Zone Pledge" ("Pledge") which states, in part (and the option checked by my daughter): " I will not text or use my phone while I am driving. If I need to use my phone, I will pull over to a secure location." In addition, The Principal did not inform students they are under no obligation to sign the Pledge, nor did she inform students in regard to any possible consequences associated with their signing/not signing the Pledge.

Current VA law bans text messaging for all drivers and all cell phone usage for drivers under age 18.

Questions: 1) Does the Pledge amount to a "contract", or "pact"? 2) If the Pledge is breached and my daughter is involved in an accident while on her cell phone, can the Pledge be used against her in a civil suit?

Thank you,

Deborah


Asked on 4/12/11, 9:43 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

A contract? No, certainly not one that would be enforceable (in my opinion) which also should effectively answer your second question.

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Answered on 4/13/11, 6:33 am
Gary Mims Sickels, Frei & Mims

The only way the "pledge" could be used against her in a civil action would be to show willful, or knowingly dangerous conduct. In otherwords, if she hurts someone due to texting while driving a thoughtful plaintiff's lawyer might sue her for punitive damages based upon her conduct being in reckless disregard for the safety of others and use the pledge to show that her conduct was with knowledge.

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Answered on 4/13/11, 9:09 am


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