Bicycle Accident Complaint

BICYCLE ACCIDENT COMPLAINT — ALABAMA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Wantonness (Against Defendant Driver)
7. Count IV — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
8. Damages
9. Prayer for Relief
10. Jury Demand
11. Reservation of Rights
12. Signature and Service Blocks
13. Verification
14. Certificate of Service
15. Alabama Practice Notes
16. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

CIVIL ACTION NO. CV-[YYYY]-[________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident citizen of [COUNTY] County, Alabama, and at all material times was lawfully operating a bicycle upon the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an adult resident citizen of [COUNTY / STATE] and may be served with process at [SERVICE ADDRESS] pursuant to Rule 4, Ala. R. Civ. P.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. Fictitious Defendants "A," "B," and "C" are those persons or entities, whose identities are presently unknown to Plaintiff, who negligently or wantonly caused or contributed to the collision and Plaintiff's injuries, including any additional owner, employer, lessor, or maintainer of the subject vehicle. Plaintiff will substitute their true names by amendment pursuant to Rule 9(h), Ala. R. Civ. P., when ascertained.

5. This action arises under Alabama tort law for personal injuries sustained when a motor vehicle struck Plaintiff, a bicyclist, in [COUNTY] County, Alabama, on [__/__/____].

6. Subject-matter jurisdiction is proper in this Circuit Court pursuant to Ala. Const. art. VI, § 142 and Ala. Code § 12-11-30, as the amount in controversy exceeds the jurisdictional minimum of this Court and the claims sound in tort.

7. Venue is proper in this county under Ala. Code § 6-3-2 because the cause of action arose in this county and/or one or more Defendants resides or does business herein.

3. GENERAL FACTUAL ALLEGATIONS

8. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [northbound / southbound / etc.] on [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILE MARKER], in [CITY], Alabama (the "Collision").

9. Plaintiff was riding in a lawful and prudent manner — [as near to the right side of the roadway as practicable / within a marked bicycle lane / lawfully occupying the lane where conditions required] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front lamp and rear reflector as contemplated by Ala. Code § 32-5A-265.

10. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant.

11. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight].

12. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without leaving a safe distance and sideswiped or struck Plaintiff ("unsafe pass"); turned right across Plaintiff's path of travel ("right hook"); turned left across the path of Plaintiff's oncoming bicycle ("left cross"); opened a parked vehicle's door into Plaintiff's path ("dooring"); failed to yield the right-of-way at the intersection; followed Plaintiff's bicycle too closely and struck it from the rear; pulled out from a private drive or side street into Plaintiff's path].

13. Although Plaintiff and Plaintiff's bicycle were plainly visible, Driver Defendant "looked but failed to see" Plaintiff, misjudged Plaintiff's speed, position, and distance, and/or failed to keep a proper lookout for bicyclists lawfully sharing the roadway.

14. Plaintiff had the right-of-way and was operating the bicycle in a lawful, prudent, and careful manner at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

15. As a direct and proximate result of the Collision, Plaintiff — an unprotected road user exposed to the full mass and force of a motor vehicle — was thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash / degloving, and disfiguring scarring].

16. Because a bicyclist has no enclosure, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of enclosed vehicles.

17. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

18. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

19. Plaintiff realleges and incorporates Paragraphs 1 through 18 as if fully set forth herein.

20. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Alabama Rules of the Road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicyclist only at a safe distance, and to refrain from conduct endangering others.

21. Driver Defendant breached that duty by, among other things:

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Overtaking and passing Plaintiff's bicycle without leaving a safe distance of at least three feet;
• Turning right across the path of Plaintiff's bicycle ("right hook") when it was unsafe to do so;
• Turning left across the path of Plaintiff's oncoming bicycle ("left cross") when it was unsafe to do so;
• Opening, or causing to be opened, a vehicle door into the path of Plaintiff's bicycle when it was unsafe to do so ("dooring");
• Failing to yield the right-of-way to Plaintiff;
• Following Plaintiff's bicycle more closely than was reasonable and prudent;
• Operating the vehicle at an excessive or unsafe speed for conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

22. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

23. As a direct and proximate result, Plaintiff has sustained the damages described in Section 8 below.

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

24. Plaintiff realleges and incorporates Paragraphs 1 through 23 as if fully set forth herein.

25. The Alabama Rules of the Road impose specific statutory duties on Driver Defendant for the protection of persons lawfully using the roadway, including bicyclists such as Plaintiff. These include, as applicable to the manner of the Collision:

• Ala. Code § 32-5A-260 — every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the Rules of the Road;
• Ala. Code § 32-5A-82 — a driver overtaking and passing a bicycle must do so safely, leaving a safe distance defined as not less than three feet in the circumstances specified by the statute;
• Ala. Code § 32-5A-111 — a driver intending to turn left shall yield the right-of-way to vehicles (including bicycles) approaching from the opposite direction;
• Ala. Code § 32-5A-110 — when two vehicles approach an intersection from different highways at approximately the same time, the driver on the left shall yield to the vehicle on the right;
• Ala. Code § 32-5A-112 — a driver approaching a stop or yield sign shall yield the right-of-way;
• Ala. Code § 32-5A-114 — a driver entering or crossing a roadway from a private road or any place other than a roadway shall yield the right-of-way to all approaching vehicles; and
• Ala. Code § 32-5A-89 — a driver shall not follow another vehicle more closely than is reasonable and prudent.

26. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

27. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes negligence per se under Alabama law, and was a direct and proximate cause of Plaintiff's injuries and damages.

6. COUNT III — WANTONNESS (Against Defendant Driver)

28. Plaintiff realleges and incorporates Paragraphs 1 through 27 as if fully set forth herein.

29. Driver Defendant, with reckless indifference to the consequences and conscious awareness that injury to a bicyclist would likely or probably result, engaged in conduct including but not limited to [e.g., aggressively "buzzing" or passing Plaintiff at unsafe proximity; driving at a grossly excessive speed; running a red light or stop sign; driving while impaired by alcohol or drugs; driving while distracted by a mobile device; intentionally harassing or endangering Plaintiff].

30. Such conduct constitutes wantonness under Alabama law and was a direct and proximate cause of Plaintiff's injuries and damages, entitling Plaintiff to punitive damages pursuant to Ala. Code § 6-11-20, subject to Ala. Code § 6-11-21.

7. COUNT IV — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY (Against Defendant Owner)

31. Plaintiff realleges and incorporates Paragraphs 1 through 30 as if fully set forth herein.

32. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

33. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the line and scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

34. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages, for which Owner Defendant is jointly and severally liable.

8. DAMAGES

35. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Past and future medical expenses — emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care;
• Future medical and life care — anticipated surgeries, therapy, assistive devices, prosthetics, and long-term or attendant care, to be proven at trial;
• Lost wages and diminished earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Physical pain, suffering, and mental anguish — past and future;
• Permanent physical impairment and disfigurement, including scarring from road rash and surgical intervention;
• Loss of enjoyment of life; and
• Property damage to the bicycle, cycling gear, helmet, electronics, and personal effects, including loss of use and diminution in value.

36. Plaintiff pleads each category of damage separately and in the alternative.

37. Pursuant to Ala. Code § 6-11-20 and § 6-11-21, Plaintiff seeks punitive damages on Count III (Wantonness) in an amount supported by the evidence and consistent with the applicable statutory cap.

9. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:

• A. Compensatory damages in an amount to be determined by the trier of fact, in excess of the jurisdictional minimum of this Court;
• B. Punitive damages on the wantonness count, consistent with Ala. Code § 6-11-21;
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of this action; and
• E. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff demands trial by struck jury on all issues so triable as a matter of right.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add or substitute parties (including fictitious Defendants under Rule 9(h)), to assert additional claims, and to conform the pleadings to the evidence as discovery proceeds. Plaintiff specifically denies any contributory negligence and pleads, in rebuttal to any such affirmative defense, the doctrines of last clear chance, subsequent negligence, and discovered peril.

12. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted this [____] day of [MONTH], 20[____].

/s/ [________________________________]

[ATTORNEY NAME] (ASB-[________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF ALABAMA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My Commission Expires: [_______________]

14. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I served (or will cause to be served with the summons) a copy of the foregoing COMPLAINT upon the following by [the Clerk via certified mail under Rule 4 / process server / AlaFile electronic service]:

[NAME(S) AND ADDRESS(ES) OF DEFENDANT(S) / COUNSEL]

/s/ [________________________________]

[ATTORNEY NAME]

15. ALABAMA PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Alabama must be commenced within two years of accrual. Ala. Code § 6-2-38(l). Wrongful-death actions carry their own two-year period under Ala. Code § 6-5-410 (and Alabama wrongful-death recovery is punitive in nature; verify if the cyclist was killed).
• PURE CONTRIBUTORY NEGLIGENCE — the central issue. Alabama is one of only a handful of jurisdictions (with Maryland, North Carolina, Virginia, and the District of Columbia) that retains the pure contributory-negligence bar. Any negligence by the cyclist that proximately contributes to the injury — even the slightest — is a complete bar to recovery on the negligence counts, subject only to the last-clear-chance / subsequent-negligence doctrine. This is the single most important strategic feature of an Alabama bicycle case.
• The cyclist's rights and duties. Ala. Code § 32-5A-260 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a vehicle driver. Reciprocal cyclist duties include riding as near to the right side as practicable (§ 32-5A-263) and operating with a lighted front lamp and rear reflector at night (§ 32-5A-265). A violation of these duties supplies the defense's contributory-negligence theory; investigate lane position, conspicuity, lighting, and signal phase.
• Three-foot safe passing — citation caution. Alabama's three-foot passing requirement is codified within the overtaking statute, Ala. Code § 32-5A-82, NOT within § 32-5A-263. The three-foot definition is conditional (it applies, by its terms, where the roadway has a marked bicycle lane, or has a speed limit of 45 mph or less with no double-yellow line, and the cyclist is riding within two feet of the right shoulder). Confirm the operative subsection and current wording before pleading it as the negligence-per-se predicate; where § 32-5A-82's conditions are not met, rely on the general duty of reasonable care (Count I) and other Rules of the Road.
• Wantonness preserves recovery. Because contributory negligence is not a defense to wantonness, a well-supported Count III (¶¶ 28–30) can be outcome-determinative — and the only path to recovery — where the cyclist faces any fault exposure. Plead it whenever the facts permit. Wantonness is also the predicate for punitive damages under Ala. Code § 6-11-20.
• Helmet non-use generally inadmissible. Alabama imposes no statewide adult bicycle-helmet requirement (the helmet provision in § 32-5A-283 applies to children). For adult cyclists, evidence or argument that the plaintiff was not wearing a helmet is generally inadmissible to show contributory negligence or to reduce damages; move in limine to exclude it. Verify the current Alabama evidentiary framework before relying on it.
• UM/UIM and hit-and-run. A bicyclist struck by a motor vehicle may recover under their own automobile uninsured/underinsured-motorist (UM/UIM) coverage — and under the UM/UIM coverage of a resident relative's policy — even though the cyclist was not in a vehicle, because cyclists are typically "insureds" for UM/UIM purposes. UM coverage also responds to a hit-and-run / phantom vehicle, subject to prompt-reporting and physical-contact requirements. Promptly identify and notify every applicable policy, preserve the UM/UIM claim, and comply with consent-to-settle / subrogation procedures before resolving the liability claim. Verify the current UM/UIM and hit-and-run requirements under the applicable policies and Alabama law.
• Punitive damages. Punitive damages require clear and convincing evidence of wantonness, malice, or oppression (Ala. Code § 6-11-20) and are capped under Ala. Code § 6-11-21 (generally the greater of three times compensatory damages or $1,500,000 for physical-injury actions; verify current figures).
• Fictitious-party practice. Alabama permits fictitious-party pleading under Rule 9(h), Ala. R. Civ. P., useful for preserving claims against later-identified owners, employers, or component defendants within the limitations period.
• Service. Service is governed by Rule 4, Ala. R. Civ. P. (commonly via the Clerk by certified mail); out-of-state defendants may be served under Alabama's long-arm provision, Rule 4.2.

16. SOURCES AND REFERENCES

• Code of Alabama (Title 6 — Civil Practice; Title 32 — Motor Vehicles and Traffic) — https://alison.legislature.state.al.us/code-of-alabama
• Ala. Code § 6-2-38(l) (two-year limitations) — https://law.justia.com/codes/alabama/title-6/chapter-2/
• Ala. Code § 32-5A-260 (bicyclist's rights and duties) — https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-260/
• Ala. Code § 32-5A-82 (overtaking and passing — three-foot safe distance, conditional) — https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-82.html
• Ala. Code § 32-5A-263 (riding on roadways — cyclist's duties); § 32-5A-265 (lamps and equipment)
• Ala. Code § 32-5A-111, § 32-5A-110, § 32-5A-112, § 32-5A-114, § 32-5A-89 (rules of the road / right-of-way)
• Ala. Code § 6-11-20, § 6-11-21 (punitive damages and cap)
• Alabama Rules of Civil Procedure (Rules 4, 4.2, 8, 9(h), 38)
• Alabama Pattern Jury Instructions — Civil (Motor Vehicle; Bicycle; Wantonness; Contributory Negligence; Last Clear Chance)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Alabama must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.