Bicycle Accident Complaint - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

JURY TRIAL DEMANDED

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

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

1. PARTIES

1. Plaintiff is, and at all relevant times was, an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP], and was the lawful operator of a bicycle (the "Bicycle") upon the public roadways of this State.

2. Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is, upon information and belief, an individual domiciled at [ADDRESS], and at all relevant times was the operator of a [YEAR / MAKE / MODEL] motor vehicle (the "Defendant Vehicle").

3. Defendant [DEFENDANT OWNER FULL LEGAL NAME] ("Defendant Owner") is, upon information and belief, [an individual domiciled at / an entity with its principal place of business at] [ADDRESS], and at all relevant times was the owner of the Defendant Vehicle who entrusted it to Defendant Driver.

2. JURISDICTION AND VENUE

4. This action seeks damages for personal injuries caused by alleged common-law torts and is within the Superior Court's civil jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541.

5. This Court has personal jurisdiction over Defendant Driver because [DEFENDANT DRIVER'S DELAWARE DOMICILE / FACTS SHOWING AN IN-STATE ACT CAUSING IN-STATE TORTIOUS INJURY UNDER 10 DEL. C. § 3104(c)(3)]. It has personal jurisdiction over Defendant Owner because [SEPARATE FACTS ESTABLISHING DELAWARE DOMICILE OR A SPECIFIC § 3104 BASIS FOR THAT DEFENDANT].

6. The Collision occurred in [COUNTY] County. [IDENTIFY EACH DEFENDANT'S COUNTY OF RESIDENCE AND THE AUTHORITY SUPPORTING FILING IN THIS COUNTY.]

7. This action is timely commenced within the two-year limitations period prescribed by 10 Del. C. § 8119.

3. FACTUAL ALLEGATIONS

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

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

10. Plaintiff exercised due care and complied with applicable bicycle rules. Under 21 Del. C. § 4193, a person riding a bicycle has the rights and duties of a vehicle driver, subject to the subchapter's special rules and provisions that cannot apply by their nature. [STATE FACTS CONCERNING LANE POSITION UNDER § 4196 AND, IF RELEVANT, THE INTERSECTION RULES IN § 4196A.]

11. The Collision was caused by the negligence of Defendant Driver, who, in one or more of the following ways:

• [Unsafe pass] while overtaking Plaintiff's Bicycle proceeding in the same direction, failed to move completely into the lane to the left when § 4116(1) or (2) required it; or, if passing within a sufficiently wide single lane under § 4116(3), failed to reduce speed, leave a reasonable and prudent distance of at least three feet, or return only when safely clear;
• [Dooring] opened a door of the Defendant Vehicle into Plaintiff's path of travel when it was not reasonably safe to do so;
• [Left-turn / left-cross] turned the Defendant Vehicle left within an intersection or into a driveway across Plaintiff's lawful path of travel and failed to yield the right-of-way to the oncoming Bicycle, which was so close as to constitute an immediate hazard, in violation of 21 Del. C. § 4132;
• [Right-hook] 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] entered or crossed the roadway from a private road, driveway, or alley and failed to yield the right-of-way to the approaching Bicycle, in violation of 21 Del. C. § 4133;
• ["Looked but failed to see"] failed to keep a proper lookout for bicyclists and failed to perceive the readily visible Bicycle and bicyclist, later stating in substance that Defendant Driver "did not see the bicycle";
• [Unsafe lane change] moved the Defendant Vehicle from its lane into the Bicycle's lane or path without first ascertaining that the movement could be made with safety, in violation of 21 Del. C. § 4122;
• [Unsafe speed] operated the Defendant Vehicle at a speed greater than was reasonable and prudent under the conditions, in violation of 21 Del. C. § 4168;
• [Following too closely / inattention / distraction] followed too closely, was inattentive, distracted, and/or failed to maintain proper control of the Defendant Vehicle.

12. As a direct and proximate result of Defendant Driver's conduct, the Defendant Vehicle or its door struck Plaintiff or the Bicycle, causing [DESCRIBE DOCUMENTED INJURIES AND HOW THE COLLISION OCCURRED].

13. [DESCRIBE THE EFFECT OF THIS COLLISION ON PLAINTIFF AND ANY CONTINUING SYMPTOMS, IF SUPPORTED BY THE FACTS.]

14. [IF APPLICABLE, IDENTIFY THE RESPONDING POLICE AGENCY, REPORT, AND ANY CITATION ACTUALLY ISSUED.]

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

4. COUNT I — NEGLIGENCE

(Against Defendant Driver)

16. Plaintiff realleges and incorporates by reference Paragraphs 1 through 15 as though fully set forth herein.

17. Defendant Driver owed Plaintiff a duty to exercise reasonable care in operating a motor vehicle, including the applicable § 4116 passing rules, the duties to yield under §§ 4132 and 4133 when their conditions are met, and the § 4168 duty to drive at a reasonable and prudent speed.

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

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

20. As a direct and proximate result, Plaintiff has sustained the recoverable damages described in Count IV below.

5. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

21. Plaintiff realleges and incorporates by reference Paragraphs 1 through 20 as though fully set forth herein.

22. At the time of the Collision, Defendant Driver violated one or more provisions of the Delaware Motor Vehicle Code (21 Del. C.) 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:

• 21 Del. C. § 4116(1)-(3) (overtaking a bicycle on the left — lane change where required, or reduced speed and at least three feet of clearance for a qualifying within-lane pass);
• 21 Del. C. § 4132 (failure to yield the right-of-way when turning left);
• 21 Del. C. § 4133 (failure to yield when entering the roadway from a private road or driveway);
• 21 Del. C. § 4122 (failure to drive within a single lane / unsafe lane change);
• 21 Del. C. § 4168 (unsafe speed); and
• [OTHER MOTOR-VEHICLE CODE SECTION CITED OR APPLICABLE].

23. 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.

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

6. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

25. Plaintiff realleges and incorporates by reference Paragraphs 1 through 24 as though fully set forth herein.

26. [IF FACTUALLY SUPPORTED:] Defendant Owner entrusted the Defendant Vehicle to Defendant Driver, who was a reckless or incompetent driver, when Defendant Owner had reason to know of that condition. [STATE FACTS SUPPORTING ENTRUSTMENT, THE DRIVER'S CONDITION, OWNER'S KNOWLEDGE, AND RESULTING DAMAGE.]

27. 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.

28. If the facts establish negligent entrustment or conduct within the scope of employment or agency, Defendant Owner is liable for the resulting damages alleged herein.

7. COUNT IV — DAMAGES

29. As a direct and proximate result of Defendants' conduct, Plaintiff seeks damages recoverable under Delaware law after excluding amounts that 21 Del. C. § 2118(h) precludes from being pleaded because § 2118(a)(2) or (a)(3) benefits are available, whether or not actually recovered, including any remaining:

• 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 wages and diminished earning capacity — past and future;
• d. Pain, suffering, mental anguish, disability, and loss of enjoyment of life — past and future;
• e. Permanent injury, scarring, and disfigurement — including disfigurement associated with road rash and surgical scarring;
• f. Property damage — to the Bicycle, helmet, cycling apparel, and electronic equipment, including diminution in value and loss of use;
• g. Prejudgment interest under 6 Del. C. § 2301(d), if Plaintiff made a written pretrial settlement demand to Defendant valid for at least 30 days and below the damages awarded; postjudgment interest as permitted by law; and
• h. Court costs and allowable litigation expenses.

8. COMPARATIVE NEGLIGENCE AND HELMET NOTE

30. Delaware follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, any such negligence shall diminish Plaintiff's recovery in proportion to such percentage but shall not bar recovery unless Plaintiff's negligence was greater than the negligence of the Defendant or the combined negligence of all Defendants (10 Del. C. § 8132). Plaintiff exercised due care and was not more than fifty percent (50%) responsible for the Collision.

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

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against each Defendant found liable, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. [IF FACTS SUPPORT INTENTIONAL OR RECKLESS MISCONDUCT:] Awarding punitive damages as permitted by law;
3. Awarding prejudgment interest under 6 Del. C. § 2301(d) only if, before trial, Plaintiff made a written settlement demand to Defendant valid for at least 30 days and below the damages awarded; and awarding postjudgment interest as permitted by law;
4. Awarding costs of suit and allowable litigation expenses; and
5. Granting such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

12. ATTORNEY CERTIFICATION (Del. Super. Ct. Civ. R. 11)

By signing and filing this pleading, undersigned counsel makes the representations required by Del. Super. Ct. Civ. R. 11(b), after an inquiry reasonable under the circumstances.

13. VERIFICATION

STATE OF DELAWARE, COUNTY OF [____]:

Before me personally appeared [PLAINTIFF FULL LEGAL NAME], who, being duly sworn, deposes and says that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts stated therein are true and correct to the best of his/her knowledge and belief.

[________________________________]

[PLAINTIFF FULL LEGAL NAME]

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

[________________________________]

Notary Public — My commission expires: [_______________]

14. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____])

[LAW FIRM NAME]

[STREET ADDRESS] | [CITY, DE ZIP]

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

Attorney for Plaintiff

Dated: [__/__/____]

15. SOURCES AND REFERENCES

• 10 Del. C. § 8119 (two-year limitations — personal injuries) — https://delcode.delaware.gov/
• 10 Del. C. § 8132 (comparative negligence — modified, 51% bar)
• Del. Const. art. IV, § 7 and 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. § 4193 (bicyclist rights and duties, subject to statutory exceptions)
• 21 Del. C. § 4116 (overtaking a vehicle or bicycle on the left — lane-change requirement; minimum three-foot clearance when passing within the lane)
• 21 Del. C. § 4196 (bicycling on right side of roadway; exceptions); § 4196A (bicycle approaching/entering intersection — right-of-way); § 4198 (bicycle left turns)
• 21 Del. C. § 4132 (vehicle turning left — duty to yield right-of-way to oncoming traffic constituting an immediate hazard); § 4133 (vehicle entering roadway — yield)
• 21 Del. C. § 4122 (driving on roadways laned for traffic — single lane; ascertain safety before moving)
• 21 Del. C. § 4168 (speed — reasonable and prudent / basic speed rule)
• 21 Del. C. § 2118 (personal-injury-protection / no-fault coverage); 18 Del. C. § 3902 (uninsured/underinsured motorist coverage)
• 21 Del. C. § 4198K (minor bicycle helmet rule and civil-evidence exclusion); § 4198H(i) (class 3 electric bicycles)
• Del. Super. Ct. Civ. R. 3 (filing materials), 8 (pleading), 11 (certification), 38 (jury demand)

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