Bicycle Accident Complaint

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — DISTRICT OF COLUMBIA

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 — 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. [____________]

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. Personal jurisdiction is proper because Defendants reside in, are organized under the laws of, transact business in, and/or committed a tortious act within the District of Columbia.

6. Venue is proper in this Court because the collision giving rise to this action (the "Collision") occurred within the District of Columbia and/or one or more Defendants reside or regularly conduct business within the District.

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; 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 / lawfully sharing the travel lane as permitted by 18 DCMR § 1201], and was plainly visible to a driver exercising reasonable care, with Plaintiff's bicycle lamp and reflector [illuminated / in place] as required.

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. Because a bicyclist has no structural protection, restraint system, or crumple zone against the forces of a motor vehicle, the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by an occupant of an enclosed vehicle.

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, or permitting the opening of, a vehicle door into Plaintiff's path when it was not reasonably safe to do so (18 DCMR § 2214);
• 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 — NEGLIGENCE PER SE (Against Defendant Driver)

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

21. At the time of the Collision, the D.C. Code and the District of Columbia Municipal Regulations imposed mandatory duties on Defendant Driver enacted to protect the class of persons to which Plaintiff belongs (bicyclists and other roadway users) against the type of harm that occurred, including but not limited to:

• 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 § 1201.1 — every person riding a bicycle on a highway is subject to the duties applicable to drivers of motor vehicles, and is correspondingly entitled to the same rights, except as otherwise provided;
• 18 DCMR § 2214 — no person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic (the "dooring" prohibition);
• 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 [18 DCMR § 2202.10 / 18 DCMR § 2214 / D.C. Code § ____], a safety statute or regulation enacted to protect the class of persons to which Plaintiff belongs against the type of harm that occurred. Such violation constitutes negligence per se under District of Columbia law and was a proximate cause of the Collision and of Plaintiff's injuries and damages.

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 the Subject Vehicle with the express or implied permission, and within the scope of any agency or employment, of Defendant Owner, rendering Defendant Owner vicariously liable for Defendant Driver's negligence.

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's damages exceed the jurisdictional minimum of this Court and are 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 generally, BUT a cyclist is a statutory "vulnerable user" governed by a comparative standard (the key DC point). D.C. Code § 50-2204.51(13) defines "vulnerable user" to include a bicycle rider, and D.C. Code § 50-2204.52(a)(1) provides that such a plaintiff's recovery in a collision with a motor vehicle is barred only if the plaintiff's negligence is a proximate cause and greater than the aggregated negligence of all defendants — a modified-comparative standard. Plead the vulnerable-user standard as controlling and plead due care / last clear chance in the alternative.
• Statute of limitations — 3 years. D.C. Code § 12-301(8).
• 3-foot safe passing. 18 DCMR § 2202.10 (no less than three feet when overtaking and passing a bicycle).
• Cyclist rights and duties. 18 DCMR § 1201 (cyclist has the rights and duties of a vehicle driver; lane use and passing; crosswalk rights). Dooring prohibited by 18 DCMR § 2214.
• Helmet non-use. No adult helmet mandate (helmet required only under age 16, DCMR 50-1605); helmet non-use is generally not comparative fault for an adult; the vulnerable-user statute preserves cyclist protections (§ 50-2204.52(b)(2)(B), referencing § 50-1606). Move in limine to exclude.
• No-fault / PIP. Optional PIP system (D.C. Code § 35-2101 et seq.); confirm the plaintiff's election and threshold status.
• Forum and service. Superior Court, Civil Division (D.C. Code § 11-921); service under D.C. Super. Ct. Civ. R. 4.
• UM/UIM and hit-and-run. Where the driver is uninsured, underinsured, or unidentified, identify and timely assert UM/UIM coverage (D.C. Code § 31-2406) under the cyclist's own or a household policy, and report a hit-and-run promptly to police and the UM carrier.

13. SOURCES AND REFERENCES

• D.C. Code § 11-921 (Superior Court Civil Division jurisdiction) — https://code.dccouncil.gov/
• D.C. Code § 12-301(8) (3-year personal-injury limitation)
• 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 limitation for vulnerable users — comparative standard) — 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) — http://dcrules.elaws.us/dcmr/18-2202
• 18 DCMR § 1201 (safe operation of bicycles; rights and duties of cyclists) — http://dcrules.elaws.us/dcmr/18-1201
• 18 DCMR § 2214 (opening of vehicle doors — dooring); Bicycle and Pedestrian Safety Amendment Act of 2016, D.C. Law 21-155
• D.C. Code § 50-2201.28 (right-of-way at crosswalks); D.C. Code § 50-1605, § 50-1606 (helmet / cyclist protections)
• D.C. Code § 35-2101 et seq. (no-fault / PIP); D.C. Code § 31-2406 (UM/UIM)
• D.C. Super. Ct. Civ. R. 4, 8, 10, 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.