sample complaint car accident negligence

3. Defendant was also travelling eastbound on Pratt Street and was directly behind Plaintiffs vehicle. 12. Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Download PDF As amended through February 1, 2023 Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A. Defendants failure to comply with the above-referenced statute created the type of. ], 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. for Deed, Promissory % Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. 10. Plaintiff __________ is and was a resident of Maricopa County. LegalMatch Call You Recently? 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. You can print the Illinois Complaint At Law regarding automobile accident template or fill it out making use of any web-based editor. for Deed, Promissory Name Change, Buy/Sell Trust, Living Because of this, negligence claims generally involve complex analysis in order to determine whether the defendant failed to follow their duty of safety. If there aren't any provable losses, the plaintiff can't recover anything. When it comes to drafting a legal document, its easier to delegate it to the professionals. {LAW FIRM NAME} Defenses to Negligence In a Car Accident Case off Incorporation services, Civil Actions - Negligence - Motor Vehicle Accidents - Samples, Identity Also, in Maryland and most jurisdictions, make sure you plead a jury trial in a separate document, assuming you want a jury trial. Even though they're traveling at 55 miles per hour, the second driver is only 10 feet behind the first driver. 9YLq l)$*RW=),4!O\ R S%?#2s. 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. Check out US Legal Forms and access to above 85,000 state-specific legal and tax files. Defendant is subject to this Courts personal jurisdiction under Md. Everyone knows that accidents happen. If the defendant's behavior falls short of how a reasonable person would have acted under the same circumstances, the defendant has violated the duty of reasonable care. The law requires drivers to use reasonable care to avoid harming anyone else on the road. Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. But when the insurance adjuster for the other driver's insurance company is refusing to accept fault for the accident, and is even pointing the finger at you, having an experienced legal professional on your side can make a big difference. Media Inquiries: 517-284-3222. 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. Estates, Forms Attorney, Terms of A-Z, Form All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant, and were incurred without contributory negligence or assumption of the risk on the part of Plaintiff. Professionals at the Lamber Goodnow legal team are just a click or call away. Learn more about what to expect when meeting with a car accident lawyer. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. For example, if a pedestrian runs onto the road and is hit by a car, the driver might escape all liability. M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private roadway or driveway onto a highway, as required by A.R.S. The contact form sends information by non-encrypted email, which is not secure. A Bankruptcy or Magistrate Judge? Read more here. Estates, Forms However, the terms negligence and liability often get confused with one another. Change, Waiver of Attorney, Personal As a direct and proximate cause of the negligence of Defendant, Plaintiff sustained severe and permanent injuries. 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? If you're a victim of negligence and are seeking compensation, it can be hard to prove negligence. 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. Attorney, Terms of Contractors, Confidentiality Theft, Personal Operating Agreements, Employment Divorce, Separation Every case involves risk, including the risk of loss. Agreements, Letter Directive, Power IN THE CIRCUIT COURTFOR BALTIMORE CITYCIVIL ACTION NO. Breach of duty. Defendant breached this duty when [he/she] failed to yield when making a left-hand turn at an intersection, as required by A.R.S. (S or C-Corps), Articles Agreements, Bill of Voting, Board of Directors, Bylaws Under the theory of comparative negligence, if a driver is at fault for an accident, his or her settlement should be reduced by the percentage of fault assigned to that driver.In California, you can be 90% liable for the accident and still be eligible to receive 10% of your damages as compensation for your injuries. Planning Pack, Home Business Packages, Construction In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. In certain circumstances, violating a motor vehicle law gives rise to a "presumption" of negligencemeaning that the defendant must present evidence to prove that they were not negligent. Motorist Negligence In Child Dart-Out Cases, Injury Or Death From Missing Or Defective Traffic Control Device, Carpool or Share-the-Ride Liability Lawyers, Parental Liability For Automobile Accidents Caused By a Child, Passenger Liability In Automobile Accidents, Spousal Recovery for Auto Accident Injuries. Incorporation services, Living Many laws associated with negligence vary from state to state. Don't talk to the drivers or other passengers. Proximate cause. Amendments, Corporate Templates, Name Complaint for Damages - 2 - the pertinent Rules of the Road for the State of Georgia. Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. Tucson, Law, Employment Technology, Power of The negligent party may have their driver's license privileges temporarily suspended. Roadways to the Bench: Who Me? Plaintiffs incorporates by reference all prior allegations contained in this Complaint. Forms, Independent Liens, Real Professionals at the Lamber Goodnow legal team are just a click or call away. Damages include costs such as: The negligent party may have their drivers license privileges temporarily suspended. 1 S Church Ave #1000 I understand that submitting this form does not create an attorney-client relationship. Plaintiff, _____ Plaintiff, v. Defendant, Defendant. A freeway driving situation in which two drivers are traveling at the speed limit with an open lane between them. AZ Forms, Independent Estate, Public Defendant breached that duty when Defendant failed to reasonably control the vehicle she was operating; failed to maintain a safe distance; and failed to reduce speed or stop to avoid a collision, resulting in a collision that struck the Plaintiffs vehicle from behind. Will, All 300 S. 4th Street #1400 The actions of the other driver caused the accident. For example, Paula is suing Dan, claiming that she suffered neck strain when Dan rear-ended her car. Travis earned his J.D. IL of Business, Corporate Results turn on, among other things, the facts and law applicable to each unique case. 28-672, including the A.R.S. 9. consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. Sales, Landlord In some states, the information on this website may be considered a lawyer referral service. What this means is that a drunk driver can be criminally charged for driving while intoxicated, and then also have a civil lawsuit brought against them for the damages they caused while drunk driving. It was given case number and assigned to Judge . 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. 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. As long as the other driver's share of fault is greater than yours, your optionsand your chances of recovering at least some compensationusually won't change. This sample complaint names the at-fault driver as the sole defendant and asserts one count for negligence. Records, Annual A/i * GL?L>_4'c%x_m#F |rkA`zHtls,C#$3e(3LTa{7%MG2scH//tcC6p6j0PHA>-a|6! (S or C-Corps), Articles Corporations, 50% off Choose the appropriate subscription to suit your needs. Below is an example complaint in a car accident case. 3. Two drivers are both traveling eastbound on the highway. Both are public roads in Maryland. Voting, Board Sales, Landlord We recommend and urge you to consult with an experienced accident lawyer for professional advice as each case is unique. : 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. It provides a wide variety of professionally drafted and lawyer-approved forms and templates. 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. Law, About 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." Notes, Premarital ZUmX*`NIl,~KghdF^+HW_"K=~}Ge`Ja3;AOx EJI.|`KE*3'Dhh.P q\$ Plaintiff demands a trial by jury on all issues so triable. & Jud. an LLC, Incorporate Law Practice, Attorney AZ US Legal Forms Complaint regarding Auto Accident for Negligence Injury Lawyer The Forms Professionals Trust! Can I claim compensation for whiplash if I was a passenger in a car accident? Voting, Board It is pretty simple and it should be. Will, Advanced 28-856. 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Learn more about contributory and comparative negligence in car accident cases. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner. 0, 303-800-8888 Templates, Name services, For Small 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. Planning, Wills 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 including driving at safe and reasonable speeds, remaining alert and attentive, being able to control [his/her] vehicle and bring [his/her] vehicle to a safe and complete stop colliding with other vehicles and persons and not driving while intoxicated or impaired. Will, All Defendants failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiffs injuries and damages and thus constitutes negligence per se. The defendant was not careful. Agreements, Corporate Plaintiff incorporates by reference all prior allegations contained in this Complaint. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! The attorney listings on this site are paid attorney advertising. Technology, Power of of Sale, Contract Negligence Damages Template Complaint For Personal Injuries Rear-end car accident complaint ( download Word version) ( download PDF version) IN THE STATE COURT OF HALL COUNTY STATE OF GEORGIA JOHN SMITH, PLAINTIFF, v. ROBERT BROWN, DEFENDANT. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, Plaintiffs have incurred funeral expenses. Plaintiff is an adult resident of Baltimore County, Maryland, with her primary residence at 101 Bosley Ave, Towson, MD 21228. Real Estate, Last It is important to note that even when those four elements are shown, and negligence is established, a defense could mitigate how much a defending party must pay. 85710, 312-757-7777 Forms, Independent & Resolutions, Corporate 28-693. Liens, Real Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Let's look at some examples. Spanish, Localized Take pictures. If you have a question about a car accident case, please feel free to call us at 954-458-8655. 4. . +qEG=n}rQ! Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. In order to have a case for Negligence, actual losses or damages must result from the accident. Click here. Plaintiffs damages include but are not limited to: pre-impact fright, medical expenses in the past, medical expenses into the future, inconvenience, disfigurement, mental anguish in the past, mental anguish into the future, physical pain and suffering in the past, and physical pain and suffering that Plaintiff is expected to endure into the future. It gives you numerous professionally drafted and lawyer-approved documents and templates. 12-612. 28-754. ], Defendant breached this duty when [he/she] failed to stop at a stop sign, as required by A.R.S. The possibilities are almost endless, but a driver can be considered negligent by: Learn more about the basics of negligence in an injury case. Center, Small Your Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Complaints are a legal pleading that can be used against you at trial if you overreach. Disclaimer: The information and forms on this site are for illustrative purposes only. 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. Defendant breached [his/her] duty of care owed to Plaintiff when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Plaintiff was injured. Agreements, Corporate You may have to pay the opposing party's attorney fees and costs in the event of a loss. They quite literally worked as hard as if not harder than the doctors to save our lives. Lamber Goodnow Personal Injury Counsel Center: A Resource for Attorneys. 300 E. 2nd Street Handbook, DUI Minutes, Corporate complaint has been previously filed in this court Court. 80203, 702-625-7777 Name Change, Buy/Sell Login. It is important to note that both criminal and civil charges can be brought against the same defendant for the same incident. An attorney will be best suited to helping you understand your states laws regarding negligence in a car accident, and can provide you with relevant legal advice. If they are insured, their insurer may contact you. How to fill out the Car accident complaint sample on the internet: To start the form, use the Fill camp; Sign Online button or tick the preview image of the blank. Handbook, DUI Get professionally drafted state-relevant documents in a matter of seconds in a preferable format with US Legal Forms! Agreements, LLC of Business, Corporate & Estates, Corporate - A: Here is a sample that you can use in this kind of case. I am so grateful that I was lucky to pick Miller & Zois. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [children] suffered the death of their [father/mother] and experienced severe emotional distress due to the death of their beloved [father/mother]. Sure, a complaint must describe the factual basis for the suit with some degree of factual specificity. Planning Pack, Home Notes, Premarital Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. Planning, Wills We promise to get back to you promptly. The drivers involved almost certainly never intend to end up in a crash. Other times, accidents are caused by Negligence and there are legal consequences. 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. Agreements, Corporate As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, the following individuals have been deprived of love, care, affection, companionship, support, financial support and other benefits and pleasures of the family relationship: __________, __________, __________, __________, __________, __________ [list all names in family of origin actively involved in Decedents life prior to the accident]. Nevertheless, that doesn't mean you yourself cant get a template to use. Defendant breached this duty when [he/she] drove a vehicle in violation of A.R.S. Neither driver sees the other until they collide in a "sideswipe.". This is an action for damages that (insert jurisdictional amount). The second driver is right behind. 8. Firearms records: 517-241-1917. For full access to 85,000 legal and tax forms, customers simply have to sign up and choose a subscription. Order Specials, Start Records, Annual stream Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. Category: Civil Actions - Negligence - Motor Vehicle Accidents - Samples State: Multi-State Control #: US-M6790 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Plaintiff, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows: WHEREFORE, Plaintiff requests that the Court enter judgment against Defendant as follows: DATED this ____ day of _____________, _____. Denver, We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers, Example Pleadings in Personal Injury Cases.