Bicycle Accident Complaint

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — DELAWARE

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

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 Court has subject-matter jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541 because all claims sound in tort and the amount in controversy exceeds the jurisdictional limit of the Court of Common Pleas.

5. This Court has personal jurisdiction over each Defendant because each Defendant resides in, is organized under the laws of, and/or operated a motor vehicle upon the roadways of the State of Delaware causing the injuries alleged herein.

6. Venue is proper in this County because the Collision occurred in this County and/or one or more Defendants reside or conduct business here.

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. At all relevant times, Plaintiff operated the Bicycle in compliance with Delaware law and the Delaware Rules of the Road, including traveling in the right half of the roadway except where departure was permitted by law, and exercised due care. Under 21 Del. C. ch. 41, subch. XII, Plaintiff, as a person riding a bicycle, had all the rights and all the duties applicable to the driver of any other vehicle.

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

• [Unsafe pass / 3-foot violation] overtook and passed Plaintiff's Bicycle proceeding in the same direction without moving completely into an available left lane where required, and/or, when passing within the lane, without reducing speed and leaving a reasonable and prudent distance that in no case is less than three feet, in violation of 21 Del. C. § 4116;
• [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 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. Following the Collision, [the Delaware State Police / the [CITY] Police Department] responded and [cited Defendant Driver for violation of 21 Del. C. § [SECTION] / determined Defendant Driver to be at fault].

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 the operation of a motor vehicle, including the duties to obey the Delaware Rules of the Road, 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.

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 and will continue to sustain the damages described in Count IV below, in an amount exceeding [$ JURISDICTIONAL THRESHOLD], exclusive of interest and costs.

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 (overtaking a bicycle on the left — failure to change lanes where required / failure to leave a minimum three-foot clearance when passing within the lane);
• 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. 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.

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

7. COUNT IV — DAMAGES

29. As a direct and proximate result of Defendants' conduct, Plaintiff seeks all damages recoverable under Delaware law, including:

• 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 and postjudgment interest as allowed 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 in Plaintiff's favor and against Defendants, jointly and severally, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. Awarding punitive damages where warranted by the evidence;
3. Awarding prejudgment and postjudgment interest;
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)

The undersigned counsel certifies that this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in accordance with Del. Super. Ct. Civ. R. 11.

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)
• 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. ch. 41, subch. XII (operation of bicycles; bicyclist has all the rights and duties of a vehicle driver; historically 21 Del. C. 1953, § 4191)
• 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)
• Del. Super. Ct. Civ. R. 8 (pleading), 11 (certification), 15 (amendment), 38 (jury demand)
• DelDOT, Delaware Bicycle Laws (Title 21, ch. 41, subch. XII summary) — https://deldot.gov/
• Helm v. 206 Mass. Ave., LLC, 107 A.3d 1074 (Del. 2014) (comparative negligence)

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.