Bicycle Accident Complaint

BICYCLE-COLLISION PERSONAL-INJURY COMPLAINT — ALASKA

Filing Gate — Complete Before Using the Pleading

AS 22.15.030(a)(1) and (8) give the District Court jurisdiction over money-damages and motor-vehicle-tort cases when the amount claimed does not exceed $100,000 for each defendant, excluding costs, interest, and attorney fees. Under subsection (b), overlapping District and Superior Court jurisdiction is concurrent, and a concurrent case generally may not be filed in Superior Court unless a supreme-court-rule exception applies. Select the court before finalizing the caption.

Alaska uses judicial districts and venue districts, not counties, for this pleading. Civil Rule 3 governs venue and requires a complaint to be accompanied by the current case-description form and other filing materials specified by the rule.

1. Caption

IN THE [DISTRICT / SUPERIOR] COURT FOR THE STATE OF ALASKA

[FIRST / SECOND / THIRD / FOURTH] JUDICIAL DISTRICT AT [LOCATION]

CASE NO. [________________________________]

COMPLAINT FOR DAMAGES — BICYCLE COLLISION

Plaintiff alleges as follows:

2. Parties, Jurisdiction, and Venue

1. Plaintiff [PLAINTIFF NAME] is an individual residing in [COMMUNITY, STATE].

2. Defendant [DRIVER NAME] is an individual who may be served under Alaska Civil Rule 4 at [SERVICE ADDRESS].

3. On [__/__/____], Defendant operated the motor vehicle involved in the collision described below.

4. [Select and complete one jurisdiction paragraph.]

☐ District Court: The amount claimed against Defendant, excluding costs, interest, and attorney fees, does not exceed $100,000, and jurisdiction exists under AS 22.15.030(a)(1) and (8).

☐ Superior Court: Jurisdiction exists under AS 22.10.020 because [the amount claimed against Defendant exceeds $100,000 / identify a current exception permitting Superior Court filing].

5. Venue is proper under Alaska Civil Rule 3 because [the claim arose in this judicial district / Defendant may be personally served in this judicial district / the claim arose in this venue district and the selected court accepts filing here].

3. Collision Facts

6. On [__/__/____] at approximately [TIME], Plaintiff operated a bicycle [DIRECTION] on [ROADWAY / PATH] near [INTERSECTION / LANDMARK / MILEPOST] in [COMMUNITY], Alaska.

7. Weather, visibility, roadway, traffic-control, lane, shoulder, and lighting conditions were: [________________________________].

8. Plaintiff's position and movement before impact were: [________________________________].

9. Defendant operated a [YEAR / MAKE / MODEL / LICENSE PLATE] [DIRECTION / LANE / MOVEMENT].

10. The collision occurred when Defendant [describe the actual maneuver and impact without selecting inconsistent alternatives].

11. Plaintiff alleges that Defendant failed to observe the bicycle, failed to maintain reasonable control, and failed to take reasonable action to avoid the collision after [facts showing notice, visibility, distance, time, or opportunity].

12. The investigating agency, report number, diagram, citation, and recorded statements are: [________________________________].

13. Plaintiff received initial treatment from [EMS / HOSPITAL / PROVIDER] and later treatment from [PROVIDERS] for [INJURIES].

14. Plaintiff continues to experience [symptoms, restrictions, treatment, prognosis, and work effects].

4. Governing Roadway Rules

15. Under 13 AAC 02.385(a), a person operating a bicycle on a roadway has the rights and duties applicable to the driver of another vehicle under Chapter 02, in addition to the special bicycle rules, except for provisions that by their nature do not apply.

16. Under 13 AAC 02.065(a), a driver overtaking another vehicle proceeding in the same direction must pass to the left at a safe distance and may not return to the right lane until safely clear.

17. 13 AAC 02.400 governs the bicyclist's roadway position and related duties, including riding as near to the right as practicable, using a maintained highway shoulder, limits on riding abreast, pedestrian duties on a path or sidewalk, turn signals, and the business-district sidewalk restriction.

18. The following additional current rule applies to the facts [select only after matching the complete rule to the collision]:

☐ 13 AAC 02.090(a) — a motor-vehicle driver may not follow another vehicle more closely than is reasonable and prudent and at least two seconds behind, considering traffic and roadway conditions.

☐ 13 AAC 02.120 — intersection or roundabout right-of-way.

☐ 13 AAC 02.125 — a left-turning driver must yield to an oncoming vehicle within the intersection or so close as to be an immediate hazard.

☐ 13 AAC 02.130 — stop-sign or yield-sign duties.

☐ 13 AAC 02.135(b) — a driver entering or crossing a roadway from a place other than another roadway must yield to approaching vehicles that are an immediate hazard.

☐ 13 AAC 02.200-.215 — position, safety, and signaling for turns or lateral movement.

☐ Other current statute, regulation, or ordinance: [________________________________]

Do not cite repealed 13 AAC 02.410 as a current bicycle-lighting rule or repealed 13 AAC 02.500 as a current vehicle-door rule. Verify any equipment or door-opening allegation against current state and applicable municipal law before pleading it as a legal violation.

5. Count I — Negligence

19. Plaintiff incorporates Paragraphs 1 through 18.

20. Defendant owed Plaintiff a duty to exercise reasonable care in operating the motor vehicle under the circumstances.

21. Defendant breached that duty by [identify only conduct supported by the facts]:

• Failing to maintain a proper lookout;
• Failing to maintain reasonable control;
• Overtaking without a safe distance or returning right before safely clear;
• Following more closely than was reasonable and prudent;
• Failing to yield at an intersection, while turning, or while entering the roadway;
• Turning or moving laterally when the movement did not reasonably appear safe;
• Operating at an unreasonable speed for the conditions; or
• Other conduct: [________________________________].

22. Defendant's breach was a legal and factual cause of the collision and Plaintiff's injuries and losses.

6. Optional Count II — Specific Safety-Law Violation

23. Plaintiff incorporates Paragraphs 1 through 22.

24. [STATUTE / REGULATION / ORDINANCE] provides: [quote the exact operative language].

25. The provision states a specific and concrete safety standard intended to protect [class of people] against [type of harm].

26. Plaintiff is within the protected class, and the collision caused the type of harm addressed by the provision.

27. Defendant violated the provision by [facts]. The violation was not excused because [facts addressing any supported excuse].

28. Under Alaska Civil Pattern Jury Instruction 3.04A and the authorities cited there, the court should determine whether the provision supplies the standard of care. Causation and damages remain separate issues.

7. Comparative Fault and Allocation

29. Plaintiff alleges that Plaintiff exercised reasonable care under the circumstances by [specific facts].

30. If Plaintiff is assigned contributory fault, AS 09.17.060 proportionately reduces compensatory damages attributable to that fault but does not bar recovery.

31. AS 09.17.080 governs allocation among responsible people and provides for several liability in accordance with each liable party's percentage of fault.

8. Damages

32. As a result of the collision, Plaintiff claims the following categories to the extent supported by admissible evidence:

• Past medical and rehabilitation expenses;
• Reasonably necessary future medical and rehabilitation expenses;
• Past lost earnings;
• Diminished future earning capacity;
• Pain, suffering, inconvenience, physical impairment, disfigurement, and loss of enjoyment of life;
• Damage to the bicycle, helmet, clothing, electronics, and other personal property; and
• Other recoverable loss: [________________________________].

33. AS 09.17.010 limits noneconomic damages arising from a single injury or death. The ordinary limit is the greater of $400,000 or life expectancy in years multiplied by $8,000; the severe-permanent-physical-impairment or severe-disfigurement limit is the greater of $1,000,000 or life expectancy in years multiplied by $25,000.

34. [Optional — retain only if supported.] Plaintiff seeks punitive damages under AS 09.17.020 because clear and convincing evidence will show that Defendant's conduct was outrageous, including malicious or bad-motive conduct, or showed reckless indifference to another person's interests. Counsel must address the separate proceeding, discovery limits, statutory caps, vicarious-liability restrictions, and the State's share before retaining this paragraph.

9. Prayer for Relief

Plaintiff requests judgment for:

• Compensatory damages proved at trial and within the selected court's jurisdiction;
• Punitive damages only if Paragraph 34 is retained and the statutory standard is met;
• Prejudgment and post-judgment interest allowed by law;
• Recoverable costs under Alaska Civil Rule 79;
• Attorney fees determined under Alaska Civil Rule 82 or another applicable authority; and
• Other relief the court may lawfully grant.

10. Complaint Signature

DATED: [__/__/____]

[LAW FIRM / SELF-REPRESENTED PLAINTIFF]

Signature: ________________________________________

Printed name: [________________________________]

Alaska Bar No., if applicable: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SEPARATE DEMAND FOR JURY TRIAL

IN THE [DISTRICT / SUPERIOR] COURT FOR THE STATE OF ALASKA

[FIRST / SECOND / THIRD / FOURTH] JUDICIAL DISTRICT AT [LOCATION]

CASE NO. [________________________________]

Plaintiff separately demands a trial by jury on every issue triable of right by a jury under Alaska Civil Rule 38.

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

Address / telephone / email: [________________________________]

11. Summons and Service Planning — Not a Certificate of Service

The original complaint and summons must be served together under Alaska Civil Rule 4. Do not use an ordinary later-paper certificate of service as a substitute for service of process.

Rule 4 requires the current court summons form. Confirm service on an individual, corporation, limited liability company, government entity, or out-of-state defendant under the subsection that applies to that defendant.

12. Alaska Practice Notes

• Limitations. AS 09.10.070 generally provides two years for the specified personal-injury, injury-to-rights, property, and statutory-liability actions. Accrual, discovery, tolling, minority, incapacity, and claim-specific statutes require separate review.
• Venue. Civil Rule 3 permits the choices stated in the filing gate and directs hearings and trial to a venue district location that best serves party and witness convenience, subject to the rule and change-of-venue statutes.
• Bicycle rules. Current operative bicycle provisions include 13 AAC 02.385 and .400. Section 13 AAC 02.390 is repealed. Sections 13 AAC 02.410 and .500 are also repealed and must not be pleaded as current equipment or door-opening rules.
• Safe passing. Current 13 AAC 02.065 uses a safe-distance standard and does not state a numeric three-foot measure.
• Negligence per se. Official Alaska Civil Pattern Jury Instruction 3.04A says the court first decides whether a statute, regulation, or ordinance establishes the standard of care. The provision must be specific enough, the plaintiff must be within the protected class, the harm must be the kind addressed, excuses may apply, and causation remains separate.
• Fault. AS 09.17.060 is a pure comparative-fault rule. AS 09.17.080 requires careful identification and joinder analysis before asking the fact finder to allocate fault to a nonparty.
• Fees. Civil Rule 82 generally awards partial attorney fees to the prevailing party, including a prevailing defendant. Evaluate exposure before filing and when considering settlement.
• Jury demand. Civil Rule 38(b) requires a separate signed written demand. Failure to serve and file a timely demand waives jury trial under Rule 38(d).
• Service. The clerk issues a summons after filing, and Rule 4 requires the summons and complaint to be served together. Use the current court form and obtain proper proof of service.

Sources and References

• AS 09.10.070 — limitations for specified tort and injury actions (official Legislature)
• AS 22.10.020 — Superior Court jurisdiction (official Legislature)
• AS 22.15.030 — District Court civil jurisdiction and concurrent-jurisdiction gate (official Legislature)
• AS 09.17.010-.080 — damages and comparative-fault provisions (official Legislature)
• 13 AAC 02.065 — overtaking at a safe distance (official Legislature)
• 13 AAC 02.090-.135 — following and right-of-way rules (official Legislature)
• 13 AAC 02.200-.215 — turning and movement rules (official Legislature)
• 13 AAC 02.385-.420 — current and repealed bicycle provisions (official Legislature)
• Alaska Rules of Civil Procedure — current official compilation
• Alaska Civil Pattern Jury Instruction 3.04A — Violation of Statute, Negligence Per Se

This is not a filed court form. Alaska counsel must select the court, venue, claims, defendants, safety rules, damages allegations, jury-demand timing, service method, and current local filing requirements before use.