sample complaint car accident negligence sample complaint car accident negligence

Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. Negligence. your case, How to Prepare for an Automobile Accident Consultation, Recovering Damages in an Automobile Accident Lawsuit, Pedestrian Highway Injuries and Accidents, Auto-Accidents: Obtaining a Favorable Pre-Trial Settlement, Pothole Injury: Pothole Accident Claim & Fall Compensation, Automobile Collision When Backing A Car Onto A Public Street, Loss in Value after an Automobile Accident, Accidents Caused By Objects Falling From Vehicles, Accidents Caused By Failure To Dim High Beams, Auto Accidents Caused By Failure To Give Signal, Liability For Accident Arising From The Escape Of A Trailer. When youre signed up with an account, log in, find a particular document template, and save it to My Forms or download it to your device. Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. Directive, Power Disclaimer: The information and forms on this site are for illustrative purposes only. Operating Agreements, Employment Complaint for a Civil Case Alleging Negligence | United States Courts Complaint for a Civil Case Alleging Negligence Download Form (docx, 29.32 KB) Download Form (pdf, 1 MB) Form Number: Pro Se 5 Category: Civil Pro Se Forms Effective onDecember 1, 2016 About These Forms In General . Trust, Living Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Driving at a reasonable speed . Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Download PDF As amended through February 1, 2023 Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A. of Attorney, Personal Voting, Board Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Contractors, Confidentiality Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, State of Arizona, and married to each other as husband and wife. Responding to a claim. On or about _____________, at approximately _____, Defendant, the driver of a motor vehicle, was traveling on _________________________, in __________, Arizona, when Defendant negligently and carelessly failed to control the location and speed of [his/her] vehicle, causing it to violently strike Decedents vehicle resulting in [his/her] personal injuries and eventual death, and causing harms, losses and damages to the Plaintiffs and/or each interested party Plaintiff represents. Library, Bankruptcy Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. << /Length 5 0 R /Filter /FlateDecode >> If there aren't any provable losses, the plaintiff can't recover anything. Talk With Us Your Name Is: * Your Email Is: * Your Phone Number Is: * \Documents and Settings\Owner\Desktop\new courses\Torts\sample can accident complaint.wpd Author: Owner This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In a car accident scenario, a person can be negligent by: Here's another way of thinking about negligence: A driver must use reasonable care to avoid injuring other motorists, passengers, or pedestrians. On May 22, 2013, the Plaintiff, Mary Ann Johnson, was carefully and prudently stopped in her motor vehicle on Route 152, when her vehicle was violently struck from behind by the Defendant. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Travis earned his J.D. Category: New Jersey Civil Actions - Motor Vehicle Accidents - Complaints State: New Jersey Control #: NJ-KB-009 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms Forms, Small By contrast, negligence as defined by most jurisdictions in the United States including California, is the lack of ordinary care or skill in the. As a result of being struck from behind by Defendants vehicle, the back end of Plaintiffs car was crushed and her body was violently thrust forward into the steering wheel and dashboard. (Ii9p.Ss:P$M3'HHk:sgJBGB@*(P.Ct=s>*q2}3{r*krLbK@J9*8 K/pFG9l$9QMe BK .kAF=R#'j:9d~R Corporations, 50% off Business Packages, Construction Baltimore City is both the location of the accident and Defendants residence and is, therefore, the appropriate venue for this case pursuant to Md. Sales, Landlord As a direct and proximate result of Defendants negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. A/i * GL?L>_4'c%x_m#F |rkA`zHtls,C#$3e(3LTa{7%MG2scH//tcC6p6j0PHA>-a|6! : Mary Ann Johnson, Plaintiff, by Ronald V. Miller, Jr. and Miller & Zois, LLC, her attorneys, sues the defendant, James C. Sexton, and in support, states as follows: Plaintiff, Mary Ann Johnson realleges and incorporates by reference all those facts and allegations in paragraphs 1 through 6 above and further alleges: WHEREFORE, this Plaintiff claims ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in damages. The Defendant regularly visits and is engaged in business in Baltimore City, Maryland. a partner. 85710, 312-757-7777 Defendant breached this duty when [he/she] drove a vehicle in reckless disregard for the safety of persons, as required by A.R.S. packages, Easy Order Defendant breached [his/her] duty of care owed to Decedent when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Decedent was injured and ultimately died. Change, Waiver Opa Submit your case to start resolving your legal issue. Agreements, Letter If available preview it and read the description before buying it. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. doing something that they should not have done (for example, running a red light or speeding), or, entering an intersection after the traffic signal has already changed to red, failing to use a turn signal when approaching an intersection, then making a left or right turn rather than proceeding straight, following another vehicle too closely in stop-and-go traffic, and being unable to avoid a, using a phone, eating, or engaging in other. The defendant was not careful. Duty of care. The contact form sends information by non-encrypted email, which is not secure. Liens, Real When Plaintiff came to a stop for the traffic signal at Light Street, Defendant was unable to stop or slow down and rear-ended Plaintiffs vehicle. of Incorporation, Shareholders Professionals at the Lamber Goodnow legal team are just a click or call away. Did Trust, Living A car accident lawyer will know how to put your best case against the other driver together, and can handle the kinds of back-and-forth negotiations that are often crucial to getting the best result. for Deed, Promissory Order Specials, Start % At all relevant times, Defendant owed a duty to comply with applicable statutes, regulations, and rules related to the safe operation of a motor vehicle in the State of Arizona. ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private business or residential driveway onto a roadway, as required by A.R.S. In other respects not now known to the Plaintiff but which may become known before or at the time of trial. The driver could be made to pay compensation out of their driver's insurance. Agreements, Corporate Plaintiff __________ is and was a resident of Maricopa County. Estate, Last Examples of conduct expected of a reasonable driver include: The defendant's conduct caused your injuries. Operating Agreements, Employment 28-855.]. Plaintiff demands a trial by jury on all issues so triable. 28-701(A). Some of the most common examples of negligent driving include, but may not be limited to: Because of the highly dangerous nature of drunk driving, it is not considered to be negligent. Defendant is subject to this Courts personal jurisdiction under Md. 1700 Lincoln Street #2400 In terms of proving negligence in a car accident lawsuit, those four elements can be further explained: Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. Every case involves risk, including the risk of loss. At all relevant times including on October 19, 2011, Plaintiff George Hurt was the owner/operator of an automobile, which was stopped in the northbound lane at a Estates, Forms Tenant, More Real Defendants failure to comply with the above-referenced statute created the type of, Defendants failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiffs injuries and damages and thus constitutes negligence, As a direct and proximate result of Plaintiffs negligence. Business Packages, Construction For Plaintiffs general and special damages; For Plaintiffs costs incurred in pursuing these claims; For pre- and post-judgment interest to the extent provided by law; For such further relief as the Court deems just and fair. The collision was caused by the recklessness, carelessness and negligence of the Defendant, James C. Sexton, for that among other acts and omissions the Defendant: operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; failed to reduce speed to avoid a collision; failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicle; failed to keep a proper lookout for other vehicles lawfully upon the highway; failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing; and. Center, Small Agreements, Bill Name Change, Buy/Sell 28-772. AZ The complaint names the at-fault driver as the sole defendant and asserts a single claim of negligence. This lawsuit also has an additional count for wrongful death. Amendments, Corporate The actions of the other driver caused the accident. with honors from the University of Texas in 2014. of Sale, Contract Plaintiff incorporates by reference all prior allegations contained in this Complaint. Forms, Small Voting, Board {City}, {State} {ZIP} They may send you a letter of demand, phone you, or send you an email or sms. OK2SAY : 855-565-2729. (S or C-Corps), Articles and negligence of the Defendant, Richard Cross, without any negligence or want of due care on the . Law, Immigration Records, Annual Spanish, Localized Depending on the circumstances, passengers in a car accident can file a claim with their driver's insurance company, the other driver's insurance provider, or their own personal insurer. Will, All 10. Examples of conduct that may give rise to a presumption of negligence include: driving under the influence of drugs or alcohol violating right-of-way rules, including a pedestrian's right of way, and driving on the wrong side of the road. Said accident, injuries and resultant death were caused solely by the negligence, tortious conduct and wrongdoing of Defendant without any negligence or contribution on the part of the Decedent. Even driving at the speed limit can be considered negligent if, for example, visibility is low, the weather is bad, or the circumstances warrant particular caution (driving by a school where you can expect children to be crossing, for example). %PDF-1.3 & Estates, Corporate - Estate, Public Will, All Plaintiff is an adult resident of Baltimore County, Maryland, with her primary residence at 101 Bosley Ave, Towson, MD 21228. Respectfully submitted,Miller & Zois, LLC, Ronald V. MillerMiller & Zois, LLC400 E Pratt St # 800Baltimore, MD 20201(410) 779-4600(410) 760-8922 (Fax)Attorneys for Plaintiffs, Sample Auto Accident Complaint | Maryland Personal Injury Lawyer. Maybe you were driving a few miles an hour over the speed limit, or you failed to use your turn signal. Plaintiffs incorporates by reference all prior allegations contained in this Complaint. The last case I referred to them settled for $1.2 million. Defendant's negligence include failure to operate their vehicle in a safe and lawful manner . My Account, Forms in The Plaintiff repeats and realleges the preceding paragraphs of this Complaint and incorporates same herein. Specials, Start Agreements, Letter medical records and bills related to treatment of car accident injuries, vehicle damage inspection reports and repair estimates, and. For full access to 85,000 legal and tax forms, customers simply have to sign up and choose a subscription. This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries. The other driver breached this duty. New Jersey Complaint Auto Negligence and Property Damage Sample Complaint For Property Damage The Forms Professionals Trust! It gives you numerous professionally drafted and lawyer-approved documents and templates. If you suffered any obvious injuries, you need to obtain immediate medical care. IL 141 West Jackson Boulevard #4219 of Business, Corporate Make confident the form meets all the necessary state requirements. WHEREFORE: Plaintiff demands judgment against Defendant in an amount in excess of $75,000.00, plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate. ; there is no separate law firm or business entity. Law, About Estate Get the police report. Will, Advanced Drivers are Responsible for Their Passengers.The driver of a vehicle, as well as the vehicle's owner, is deemed responsible for any passengers.Passengers can also make a claim against the vehicle's owner for allowing the negligent driver to operate his/her vehicle. A related question might be: Is it possible for a car crash to occur and truly be deemed an "accident," in the sense that no one involved was negligent? Templates, Name (S or C-Corps), Articles Spanish, Localized Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Name Change, Buy/Sell ]:akA`cI>.qI!.jlo/q~:. G@iQ=C@45KN 3EN FmPZl}9v8cOYGY>f.eaT>) (u).uz}n7jxL81BhPG^)bSD1~)@UeM'Z"XZdX;s\)D"t^P/~RyJuyG` K"hVB6GCQ7fZ=u+V7Iw?IA4iYe2Z8^,9Fr4Fr(8X}DP*fikAYwnm278' $N^E52 CUpsRm0u?Q|X6>51%8 2R<8)VN7NN83+~u`-O(\,$ta9pEa)tO"z. Minutes, Corporate Drivers are expected to keep their vehicle under control at all times. You can print the Illinois Complaint At Law regarding automobile accident template or fill it out making use of any web-based editor. Results turn on, among other things, the facts and law applicable to each unique case. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiff [husband/wife] suffered the death of [his/her husband/wife], married more than _____ years and experienced severe emotional distress due to Decedents death. To generally initiate a valid car accident claim, there is a need to be able to demonstrate the following elements of negligence; That the other driver had a duty to operate his or her vehicle and conduct themselves appropriately on the road That the other driver has breached his or her duty +qEG=n}rQ! In some circumstances, it might make sense to handle your car accident claim yourself. One example might be: Was either driver negligent? Notes, Premarital COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. As a consequence of Decedent's death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced . Us, Delete Did they both act with the "reasonable care" we described above? following the vehicle in front at a safe distance. Sample Car Accident Complaint IN THE CIRCUIT COURT FOR NEW YORK CITY, NEW YORK Civil Division ALYSSA SMITH 45 Baltimore Ravens Blvd Owings Mills, New York 21117, Plaintiff, v. JANE JACOBS 3 Pratt Court Baltimore, New York 21202, Defendant. Get professionally drafted state-relevant documents in a matter of seconds in a preferable format with US Legal Forms! Estate, Public Minutes, Corporate A: Here is a sample that you can use in this kind of case. An experienced personal injury attorney will also be able to represent you in court, as needed, and can work towards a suitable damages award. B., sues defendants, C. D., and E. F., and alleges: 1. Login. I am so grateful that I was lucky to pick Miller & Zois. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Agreements, Sale Plaintiff was lawfully operating her vehicle eastbound on Pratt Street when she came to stop for a red light at the Light Street intersection. The Defendant's negligence was the proximate cause of Plaintiffs injuries. There must be some actual injury to the victim.Sometimes, accidents just happen and nobody is at fault. 2. & Estates, Corporate - Both are public roads in Maryland. Guide, Incorporation Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. 6-201(b). p'Y,?ESc,3FC3D3KJ!ixh=2p2"g-96*cC#+LYVG%6t NV Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. Use this step-by-step instruction to fill out the Sample civil complaint for negligence quickly and with perfect precision. Mary Ann Johnson, the Plaintiff, is a resident of Maryland. Learn more about how a lawyer can help with a car accident claim. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. Negligence (George Hurt v. Acme Services, Inc.) 8. We recommend and urge you to consult with an experienced accident lawyer for professional advice as each case is unique. Tucson, In a handful of states, when an injured person shares any amount of fault for a car accident, they can be prevented from getting compensation from other at-fault drivers if their case goes to court, under a harsh rule called "contributory negligence." ______ (name) for vehicle number _______ (mention vehicle number). A lawsuit which involves negligence in a car accident is generally based on the legal theory that the injured party has losses that they can recover from. & Jud. of Incorporation, Shareholders Planning Pack, Home At all relevant times, all Defendant owed Decedent a duty of care to drive prudently, safely and within the bounds of the law, including a duty to exercise reasonable care, reasonable and prudent under the circumstances, while driving a motor vehicle on a roadway including controlling the location and speed of the vehicle as necessary to avoid colliding with any object, person or vehicle. Code Ann., Cts. The lesson here is that, if you're the plaintiff, it's important to gather the right evidence to help you prove your case, including: Use this checklist of records to gather after a car accident and learn more about evidence that can help your car accident claim. Defendant's negligence caused the death of Decedent. I have knowledge or belief about all the facts stated in this affidavit and I am the plaintiff or his/her guardian, conservator, or next friend. Technology, Power of We promise to get back to you promptly. % *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Sales, Landlord As a direct and proximate result of Defendants negligent operation of her vehicle, Plaintiff sustained severe and permanent injuries. Corporations, 50% The information contained in the forms on this website cannot and must be relied on for the purposes of filing legal documents or otherwise pursuing a claim. As a direct and proximate result of the negligence and carelessness of the Defendant, the Plaintiff: suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; was, is and will be required to undergo medical treatment and to incur medical costs and expenses to alleviate injuries, pain and suffering; was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and, otherwise was hurt, injured and caused to sustain losses.