Bicycle Accident Complaint - District of Columbia

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — DISTRICT OF COLUMBIA

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Violation of Traffic Duties (Against Defendant Driver)
6. Count III — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Verification
11. Signature and Service Blocks
12. District of Columbia Practice Notes
13. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No. [____________]

Assigned Judge / Calendar (if known): [____________]

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

Plaintiff, by and through undersigned counsel, complaining of Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual and, at all relevant times, was a resident of [JURISDICTION] and, at the time of the Collision, was lawfully operating a bicycle upon a public highway within the District of Columbia.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is an adult individual who, at all relevant times, operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") and may be served pursuant to D.C. Super. Ct. Civ. R. 4 at [SERVICE ADDRESS].

3. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] who/that, at all relevant times, was the titled owner of the Subject Vehicle and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This Court has subject-matter jurisdiction over this civil action pursuant to D.C. Code § 11-921.

5. Each Defendant is subject to this Court's personal jurisdiction because [STATE THE DEFENDANT-SPECIFIC BASIS: domicile, organization or principal place of business in the District under D.C. Code § 13-422; or a claim arising from District business or an act or omission causing injury in the District under § 13-423(a)(1) or (3)].

6. The collision giving rise to this action (the "Collision") occurred within the District of Columbia, and this action is brought in the Superior Court of the District of Columbia.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle [traveling [northbound / southbound / etc.] in the [travel lane / bicycle lane] / proceeding through the intersection with the signal in Plaintiff's favor] on [STREET / ROADWAY] at or near its intersection with [CROSS STREET / LOCATION] in the District of Columbia.

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, in the same vicinity.

9. Defendant Driver negligently [DESCRIBE CONDUCT — SELECT THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle at a distance of less than three feet in violation of 18 DCMR § 2202.10; turned right across Plaintiff's path (a "right hook"); turned left across the path of Plaintiff's oncoming bicycle (a "left cross"); failed to yield the right-of-way; opened a vehicle door into Plaintiff's path (a "dooring") in violation of 18 DCMR § 2214.4; drove at an excessive, distracted, or imprudent speed], causing the Subject Vehicle [and/or its opened door] to strike Plaintiff and Plaintiff's bicycle.

10. Plaintiff was proceeding with due care, in a lawful manner, [in the bicycle lane / with the traffic-control signal in Plaintiff's favor / in the travel lane in compliance with applicable traffic rules], and was plainly visible to a driver exercising reasonable care. Plaintiff's bicycle lamp and reflector were [DESCRIBE EQUIPMENT AND VISIBILITY, IF RELEVANT].

11. As a direct and proximate result of the Collision, Plaintiff was thrown from the bicycle to the roadway and sustained serious, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving / road rash, and disfiguring scarring].

12. The force of the impact [DESCRIBE THE SUPPORTED INJURY MECHANISM AND PARTICULAR INJURIES, IF RELEVANT].

13. The investigating officer of the [Metropolitan Police Department] responded to the scene and [cited Defendant Driver for violation of [TRAFFIC PROVISION] / prepared report No. (____)] (the "Traffic Violation").

14. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY], with care continuing, and will require future medical care.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

15. Plaintiff realleges and incorporates Paragraphs 1 through 14 as though fully set forth herein.

16. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care, to obey the traffic laws and regulations of the District of Columbia, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicycle only at a safe distance of not less than three feet, to yield the right-of-way where required, and to refrain from conduct endangering bicyclists and other roadway users.

17. Defendant Driver breached that duty by one or more of the following acts or omissions:

• Overtaking and passing Plaintiff's bicycle at a distance of less than three feet (18 DCMR § 2202.10);
• Turning right or left across Plaintiff's path of travel when it was unsafe to do so (a "right hook" or "left cross");
• Failing to yield the right-of-way to Plaintiff;
• Opening a vehicle door into Plaintiff's path when it was not reasonably safe to do so (18 DCMR § 2214.4);
• Failing to keep a proper and careful lookout for bicyclists;
• Operating the Subject Vehicle at an excessive or imprudent speed;
• Failing to maintain control of the Subject Vehicle;
• Operating the Subject Vehicle while distracted and/or inattentive; and/or
• Otherwise failing to exercise reasonable care under the circumstances.

18. Defendant Driver's breaches were the actual and proximate cause of the Collision and of the injuries and damages set forth herein.

19. As a direct and proximate result, Plaintiff has suffered the damages described in Section 7 below.

5. COUNT II — VIOLATION OF TRAFFIC DUTIES (Against Defendant Driver)

20. Plaintiff realleges and incorporates Paragraphs 1 through 19 as though fully set forth herein.

21. Depending on the manner and location of the Collision, the following traffic rules may supply an applicable duty:

• 18 DCMR § 2202.10 — a person driving a motor vehicle shall exercise due care by leaving a safe distance, but in no case less than three feet, when overtaking and passing a bicycle;
• 18 DCMR § 2214.4 — a person may open a vehicle door only when reasonably safe and without interfering with moving traffic, bicyclists, or pedestrians;
• D.C. Code § 50-2201.28 — driver right-of-way obligations at crosswalks, applicable where Plaintiff had the rights of a pedestrian in a crosswalk under 18 DCMR § 1201.11; and
• [OTHER DCMR / D.C. CODE SECTION CITED IN THE POLICE REPORT OR APPLICABLE].

22. Defendant Driver violated [IDENTIFY THE APPLICABLE TRAFFIC RULE AND FACTS] by [DESCRIBE THE CONDUCT]. That conduct was a substantial factor in causing the Collision and Plaintiff's injuries. Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999), describes a rebuttable presumption of negligence arising from a traffic-regulation violation.

6. COUNT III — VICARIOUS LIABILITY / NEGLIGENT ENTRUSTMENT (Against Defendant Owner)

23. Plaintiff realleges and incorporates Paragraphs 1 through 22 as though fully set forth herein.

24. At the time of the Collision, Defendant Driver operated Defendant Owner's vehicle on a District public highway with Defendant Owner's express or implied consent. Under D.C. Code § 50-1301.08, Defendant Driver is deemed Defendant Owner's agent for the accident.

25. In the alternative, Defendant Owner entrusted the Subject Vehicle to Defendant Driver with actual or constructive knowledge of Defendant Driver's incompetence, inexperience, or reckless propensities, and such negligent entrustment was a proximate cause of the Collision and Plaintiff's damages.

26. Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver.

7. DAMAGES

27. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and seeks recovery of:

• Economic damages: past and future medical, hospital, surgical, rehabilitative, and related expenses; past lost earnings; future lost earnings and diminished earning capacity; and property damage to the bicycle, riding gear, helmet, and personal effects, including loss of use.
• Non-economic damages: past and future physical pain and suffering, mental anguish, disfigurement and permanent scarring, permanent impairment, and loss of enjoyment of life.
• Pre-judgment and post-judgment interest and costs as allowed by law.

28. Plaintiff seeks damages in an amount to be proven at trial.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against Defendants, jointly and severally, for compensatory damages in an amount to be determined at trial;
• B. Award pre-judgment and post-judgment interest and costs as allowed by law;
• C. Grant such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to D.C. Super. Ct. Civ. R. 38.

10. VERIFICATION

DISTRICT OF COLUMBIA, ss:

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

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My commission expires: [_______________]

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. DISTRICT OF COLUMBIA PRACTICE NOTES

• Negligence regime — contributory negligence and the bicycle exception. D.C. Code § 50-2204.51(13) includes a bicyclist as a vulnerable user. If the cyclist was using a public highway or sidewalk and collided with a motor vehicle, § 50-2204.52(a)(1) bars recovery only when the cyclist's negligence proximately caused the injury and exceeded the aggregated negligence of defendants that proximately caused it. Plead the location and collision facts supporting that section; plead due care and last clear chance where supported.
• Residual limitation — 3 years if applicable. D.C. Code § 12-301(8); confirm no specially prescribed period controls.
• 3-foot safe passing. 18 DCMR § 2202.10 (no less than three feet when overtaking and passing a bicycle).
• Cyclist duties and crosswalk rights. 18 DCMR § 1201.1 assigns applicable driver duties to cyclists on highways; § 1201.3 governs passing; § 1201.11 gives cyclists on sidewalks or in crosswalks pedestrian rights and duties, with a duty to yield to pedestrians. Dooring: § 2214.4.
• Helmet non-use. D.C. Code § 50-1605(a) requires a helmet for riders under 16 in the listed places. Section 50-1606's specific evidence protection applies to a suit arising from an accident in which a person under 16 was injured; assess adult evidence issues separately.
• No-fault / PIP. Optional PIP is offered under § 31-2404. Section 31-2405 governs the election and limits a tort action after election unless its stated conditions apply.
• Forum and service. D.C. Code § 11-921 supplies Superior Court civil jurisdiction; confirm the current division assignment. Service proceeds under D.C. Super. Ct. Civ. R. 4.
• UM/UIM and hit-and-run. Where the driver is uninsured, underinsured, or unidentified, review the cyclist's own and any potentially applicable household policy under D.C. Code § 31-2406; check notice and claim requirements in the actual policy.

13. SOURCES AND REFERENCES

• D.C. Code § 11-921 (Superior Court civil jurisdiction) — https://code.dccouncil.gov/us/dc/council/code/sections/11-921
• D.C. Code § 12-301(8) (3-year residual limitation where no other period is specially prescribed)
• D.C. Code § 50-2204.51 (Definitions; "vulnerable user" includes a bicycle rider) — https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.51
• D.C. Code § 50-2204.52 (Contributory-negligence bar limited for covered vulnerable users) — https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.52
• Vulnerable User Collision Recovery Amendment Act of 2020, D.C. Law 23-183
• 18 DCMR § 2202.10 (3-foot safe-passing rule) — https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=18-2202
• 18 DCMR §§ 1201.1, 1201.3, 1201.11 (cyclist duties, passing, and crosswalk rights) — https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=18-1201
• 18 DCMR § 2214.4 (opening vehicle doors) — https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=18-2214
• D.C. Code § 50-2201.28 (crosswalk right-of-way); D.C. Code §§ 50-1605 and 50-1606 (under-16 bicycle helmet duty and evidence rule)
• D.C. Code §§ 31-2404 to 31-2406 (PIP election and UM/UIM coverage)
• D.C. Code § 50-1301.08 (consenting owner's statutory agency) — https://code.dccouncil.gov/us/dc/council/code/sections/50-1301.08
• Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999); Young v. U-Haul Co. of D.C., 11 A.3d 247 (D.C. 2011)
• D.C. Super. Ct. Civ. R. 4, 8, 10, 11(a), 38

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities — including the application of D.C. Code § 50-2204.52 to bicyclists — before use.