Bicycle Accident Complaint - Colorado

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — COLORADO

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Attorney for Plaintiff: [LAW FIRM NAME] — [ATTORNEY NAME], Atty. Reg. No. [____], [ADDRESS], [PHONE], [EMAIL]

Case No.: [____________] Division: [____] Courtroom: [____]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) AND DEMAND FOR JURY TRIAL

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, complains against Defendants and alleges as follows:

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is, and at all relevant times was, a resident of [COUNTY] County, Colorado, and was the lawful operator of a bicycle (the "Bicycle") upon the public roadways of this State.

2. Upon information and belief, Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is a resident of [COUNTY] County, Colorado, and may be served at [SERVICE ADDRESS]. At all relevant times, Defendant Driver operated a [YEAR / MAKE / MODEL] motor vehicle (the "Defendant Vehicle").

3. Upon information and belief, Defendant [DEFENDANT OWNER FULL LEGAL NAME] ("Defendant Owner") is a resident of [COUNTY] County, Colorado, and was the owner of the Defendant Vehicle who entrusted it to Defendant Driver.

4. This Court has subject-matter jurisdiction under Colo. Const. art. VI, § 9 because the amount in controversy exceeds the County Court jurisdictional limit.

5. Venue is proper in this Court under C.R.C.P. 98(c) because one or more Defendants reside in this County and/or the tort occurred in this County.

6. This action is timely commenced within the three-year limitations period for tort actions arising out of the use or operation of a motor vehicle prescribed by Colo. Rev. Stat. § 13-80-101(1)(n).

7. Plaintiff seeks damages in an amount to be proved at trial that exceeds the jurisdictional limits of the County Court. The applicability of C.R.C.P. 16.1 is identified on the accompanying JDF 601 cover sheet.

2. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully and prudently operating the Bicycle, traveling [DIRECTION] on [STREET / HIGHWAY] at or near its intersection with [CROSS-STREET / LANDMARK] in [CITY/TOWN], [COUNTY] County, Colorado (the "Collision").

9. At all relevant times, Plaintiff operated the Bicycle in compliance with Colorado law, including riding in the right-hand lane far enough to the right as judged safe to facilitate overtaking vehicles, except where departure was permitted to avoid hazards, prepare for a turn, or overtake. Pursuant to Colo. Rev. Stat. § 42-4-1412, Plaintiff possessed all the rights, and was subject to all the duties, applicable to the driver of any other vehicle.

10. At the same time and place, Defendant Driver was operating the Defendant Vehicle in the vicinity of Plaintiff and the Bicycle.

11. Defendant Driver caused the Collision by negligently engaging in one or more of the following acts or omissions:

• [Unsafe pass / 3-foot violation] Defendant Driver overtook and passed Plaintiff's Bicycle proceeding in the same direction without allowing at least a three-foot separation between the right side of the Defendant Vehicle (including all mirrors and other projections) and the left side of the Bicycle at all times, in violation of Colo. Rev. Stat. § 42-4-1003(1)(b), and/or passed when oncoming traffic prevented a lawful pass, in violation of Colo. Rev. Stat. § 42-4-1002(2);
• [Crowding / threatening] Defendant Driver, in a careless and imprudent manner, drove the Defendant Vehicle unnecessarily close to, toward, or near Plaintiff, in violation of Colo. Rev. Stat. § 42-4-1008.5;
• [Left-turn / left-cross] Defendant Driver turned the Defendant Vehicle left across Plaintiff's lawful path of travel and failed to yield the right-of-way to the oncoming Bicycle, which was within the intersection or so close as to constitute an immediate hazard, in violation of Colo. Rev. Stat. § 42-4-702;
• [Right-hook] Defendant Driver overtook the Bicycle and then turned right across Plaintiff's path, or turned right without first ascertaining that the movement could be made safely, cutting off the Bicycle;
• [Failure to yield from driveway / private road] Defendant Driver entered the roadway from a private road, driveway, or alley and failed to yield the right-of-way to the approaching Bicycle, in violation of Colo. Rev. Stat. § 42-4-704;
• ["Looked but failed to see"] Defendant Driver failed to maintain a proper lookout and failed to perceive the readily visible Bicycle and bicyclist;
• [Dooring] Defendant Driver (or an occupant of the Defendant Vehicle) opened a vehicle door into Plaintiff's path of travel when it was not reasonably safe to do so;
• [Careless driving] Defendant Driver operated the Defendant Vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the roadway, in violation of Colo. Rev. Stat. § 42-4-1402;
• [Inattention / distraction / unsafe speed] Defendant Driver was inattentive, distracted, followed too closely, and/or operated at an unsafe speed.

12. As a direct and proximate result of Defendant Driver's conduct, the Defendant Vehicle (or its door) struck Plaintiff and/or the Bicycle, throwing Plaintiff to the roadway and causing Plaintiff serious bodily injury, including but not limited to [DESCRIBE INJURIES — e.g., fractures, traumatic brain injury, spinal injury, internal injuries, road rash/degloving, and disfiguring scarring].

13. Because a bicyclist is wholly unprotected by the structural body, restraint systems, and crumple zones of an enclosed motor vehicle, the forces of the Collision caused Plaintiff to suffer catastrophic and more severe injuries than would typically result from a comparable collision between two enclosed vehicles.

14. Plaintiff was lawfully riding a bicycle on a public roadway, crosswalk, or shoulder and therefore falls within the "vulnerable road user" definition in Colo. Rev. Stat. § 42-4-1402.5(1)(f)(I).

15. Following the Collision, [the Colorado State Patrol / the [CITY] Police Department] responded and [cited Defendant Driver for violation of Colo. Rev. Stat. § [SECTION] / determined Defendant Driver to be at fault].

16. Plaintiff received emergency care at [HOSPITAL] and has since undergone [SUMMARY OF TREATMENT], and Plaintiff's care and recovery are ongoing.

3. FIRST CLAIM FOR RELIEF — NEGLIGENCE

(Against Defendant Driver)

17. Plaintiff incorporates by reference Paragraphs 1 through 16 as though fully set forth herein.

18. Defendant Driver owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, including the duties to obey Colorado traffic laws, to keep a proper lookout for bicyclists lawfully sharing the roadway, to pass at a safe distance of not less than three feet, to yield the right-of-way where required, and to operate the Defendant Vehicle at a safe and prudent speed.

19. Defendant Driver breached these duties by the acts and omissions alleged in Paragraph 11 above.

20. Defendant Driver's breaches were the direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

21. As a direct and proximate result, Plaintiff has sustained and will continue to sustain the damages described in Section 6 below, in amounts to be proven at trial.

4. SECOND CLAIM FOR RELIEF — NEGLIGENCE PER SE

(Against Defendant Driver)

22. Plaintiff incorporates by reference Paragraphs 1 through 21 as though fully set forth herein.

23. At the time of the Collision, Defendant Driver violated one or more provisions of the Colorado traffic code enacted to protect the class of persons to which Plaintiff belongs (bicyclists and other roadway users) against the type of harm Plaintiff suffered, including but not limited to:

• Colo. Rev. Stat. § 42-4-1003(1)(b) (failure to allow at least a three-foot separation when overtaking a bicyclist);
• Colo. Rev. Stat. § 42-4-1002(2) (unlawful pass of a bicyclist where there is oncoming traffic);
• Colo. Rev. Stat. § 42-4-1008.5 (crowding or threatening a bicyclist);
• Colo. Rev. Stat. § 42-4-702 (failure to yield the right-of-way when turning left);
• Colo. Rev. Stat. § 42-4-704 (failure to yield when entering the roadway from a private road or driveway);
• Colo. Rev. Stat. § 42-4-1402 (careless driving); and
• [OTHER TRAFFIC STATUTE CITED OR APPLICABLE].

24. Plaintiff alleges serious bodily injury as described in paragraph 12. Colo. Rev. Stat. § 42-4-1402.5(2) addresses a driver's careless driving that proximately causes serious bodily injury to a vulnerable road user; Plaintiff seeks civil relief under the negligence claims pleaded here.

25. Plaintiff was within the class of persons the statutes were designed to protect, and the Collision and Plaintiff's injuries are the type of harm the statutes were designed to prevent.

26. Defendant Driver's statutory violations constitute negligence per se and were a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

5. THIRD CLAIM FOR RELIEF — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

27. Plaintiff incorporates by reference Paragraphs 1 through 26 as though fully set forth herein.

28. Defendant Owner owned the Defendant Vehicle and entrusted it to Defendant Driver with actual or constructive knowledge that Defendant Driver was an incompetent, inexperienced, impaired, or reckless operator.

29. Alternatively, to the extent Defendant Driver operated the Defendant Vehicle within the course and scope of an employment or agency relationship with Defendant Owner, Defendant Owner is vicariously liable for Defendant Driver's negligence under the doctrine of respondeat superior.

30. As a direct and proximate result of Defendant Owner's negligent entrustment and/or vicarious liability, Plaintiff has sustained the damages alleged herein.

6. DAMAGES

31. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and will continue to sustain the following damages, in amounts to be proven at trial:

• a. Past and future medical and related expenses — hospital, surgical, physician, ambulance, rehabilitative, pharmaceutical, and assistive-device costs;
• b. Future care — anticipated surgeries, attendant care, physical therapy, and life-care needs;
• c. Lost earnings and impaired earning capacity — past wage loss and future diminished earning capacity;
• d. Noneconomic damages — past and future physical pain and suffering, mental anguish and emotional distress, inconvenience, and loss of enjoyment of life, subject to the cap in Colo. Rev. Stat. § 13-21-102.5;
• e. Permanent physical impairment and/or disfigurement — including disfigurement associated with road rash and surgical scarring (which is not subject to the noneconomic cap);
• f. Property damage — to the Bicycle, helmet, cycling apparel, and electronic equipment, including diminution in value and loss of use; and
• g. Prejudgment and postjudgment interest as provided by Colo. Rev. Stat. § 13-21-101, and costs.

32. If the evidence demonstrates that Defendant Driver's conduct was attended by circumstances of fraud, malice, or willful and wanton conduct, Plaintiff reserves the right to seek leave to add a claim for exemplary damages pursuant to Colo. Rev. Stat. § 13-21-102, subject to its statutory limitations.

7. COMPARATIVE FAULT AND HELMET NOTE

33. Colorado follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, Plaintiff's recovery is to be diminished only in proportion to any negligence attributable to Plaintiff that is less than the negligence of the Defendants, pursuant to Colo. Rev. Stat. § 13-21-111. Plaintiff exercised due care at all relevant times.

8. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff against Defendants in the shares and forms of liability permitted by Colo. Rev. Stat. § 13-21-111.5, as follows:

A. For all economic, noneconomic, and physical-impairment damages proven at trial;
B. For prejudgment and postjudgment interest at the statutory rate;
C. For costs of suit as allowed under C.R.C.P. 54(d) and Colo. Rev. Stat. § 13-16-104;
D. For leave to seek exemplary damages if supported by the evidence; and
E. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable under C.R.C.P. 38. The requisite jury fee is tendered herewith. Colorado does not recognize a constitutional right to a civil jury trial.

11. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], have read the foregoing Complaint. I declare under penalty of perjury under the law of Colorado that the foregoing is true and correct.

Executed on [__/__/____] at [CITY, STATE OR COUNTRY].

[________________________________]

[PLAINTIFF FULL LEGAL NAME]

12. SIGNATURE BLOCK

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

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Atty. Reg. No. [____]

[STREET ADDRESS] | [CITY, CO ZIP]

Telephone: [(___) ___-____] | Email: [____________]

Attorney for Plaintiff

13. SOURCES AND REFERENCES

• Colo. Rev. Stat. § 13-80-101(1)(n) (three-year limitations — bodily-injury/property-damage torts arising out of use/operation of a motor vehicle) — https://leg.colorado.gov/
• Colo. Rev. Stat. § 13-80-102 (general two-year tort limitations; expressly excludes motor-vehicle torts)
• Colo. Rev. Stat. § 13-21-111 (comparative negligence — modified 50% bar)
• Colo. Rev. Stat. § 13-21-102 (exemplary damages); § 13-21-102.5 (noneconomic-damages cap); § 13-21-101 (interest)
• Colo. Rev. Stat. § 13-1-124 (jurisdiction over tort committed in Colorado)
• Colo. Rev. Stat. § 42-4-1412 (operation of bicycles, electric scooters, and other human-powered vehicles; rights and duties of a vehicle driver; lane position)
• Colo. Rev. Stat. § 42-4-1003(1)(b) (overtaking on the left — at least three-foot separation when passing a bicyclist)
• Colo. Rev. Stat. § 42-4-1002(2) (passing where oncoming traffic — three-foot separation when passing a bicyclist)
• Colo. Rev. Stat. § 42-4-1008.5 (crowding or threatening a bicyclist)
• Colo. Rev. Stat. § 42-4-1402.5 (vulnerable road user definition and serious-injury offense)
• Colo. Rev. Stat. § 42-4-702 (vehicle turning left — yield right-of-way); § 42-4-704 (entering roadway from private road/driveway — yield)
• Colo. Rev. Stat. § 42-4-1402 (careless driving)
• Colo. Rev. Stat. § 10-4-609 (uninsured/underinsured motorist coverage)
• C.R.C.P. 8 (pleading), 38 (jury), 98 (venue), 54(d) (costs), 16.1 (simplified procedure)
• 2024 Model Traffic Code for Colorado (CDOT) — https://www.codot.gov/

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