Bicycle Accident Complaint

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — FLORIDA

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 / Dangerous Instrumentality (Against Defendant Owner)
7. Damages
8. Conditions Precedent
9. Prayer for Relief
10. Demand for Jury Trial
11. Signature and Service Blocks
12. Florida Practice Notes
13. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [COUNTY] COUNTY, FLORIDA

Case No. [____________]

Division: Civil

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

Plaintiff, [PLAINTIFF NAME], sues Defendants, [DEFENDANT DRIVER NAME] and [DEFENDANT OWNER NAME], and alleges:

2. PARTIES, JURISDICTION, AND VENUE

1. This is an action for damages that exceeds $50,000, exclusive of interest, costs, and attorney's fees, and is within the subject-matter jurisdiction of this Court under Art. V, § 5, Fla. Const., and § 26.012, Fla. Stat.

2. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a resident of [COUNTY] County, Florida, is over the age of 18, and is otherwise sui juris. At the time of the Subject Crash, Plaintiff was lawfully operating a bicycle upon a public roadway, with all the rights and duties of the driver of a vehicle under § 316.2065, Fla. Stat.

3. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is [a resident of [COUNTY] County, Florida / a nonresident], is sui juris, and at all relevant times operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle").

4. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual resident of [COUNTY] County / a [State] corporation/LLC authorized to do business in Florida] and at all relevant times was the titled owner of the Subject Vehicle.

5. The collision giving rise to this action (the "Subject Crash," defined below) occurred in [COUNTY] County, Florida.

6. Venue is proper in this Court under § 47.011, Fla. Stat., because the cause of action accrued in this county and/or one or more Defendants reside or conduct business here.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME] (the "Crash Date"), Plaintiff was lawfully operating a bicycle [traveling [direction] in the [travel lane / marked bicycle lane] / proceeding through the intersection with the signal in Plaintiff's favor] on [STREET / ROADWAY] at or near [INTERSECTION / LOCATION] in [COUNTY] County, Florida (the "Subject Crash").

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 § 316.083; 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 § 316.2065(11); drove carelessly, while distracted, or at an excessive speed], causing the Subject Vehicle [and/or its opened door] to strike Plaintiff and Plaintiff's bicycle.

10. At all material times Plaintiff proceeded with due care, [in the bicycle lane / with the traffic signal in Plaintiff's favor / as near to the right-hand edge as practicable except where § 316.2065(5) permits otherwise], in compliance with the traffic laws of the State of Florida, and was plainly visible to a driver exercising reasonable care.

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

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

13. The [name of law-enforcement agency] responded and prepared Florida Traffic Crash Report No. [____], [and cited Defendant Driver for violation of § [____], Fla. Stat.].

14. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY], with care ongoing.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

15. Plaintiff readopts and realleges 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 under the circumstances, to obey Florida's traffic laws, to overtake and pass Plaintiff's bicycle only at a safe distance of not less than three feet, to keep a proper lookout for bicyclists, to yield the right-of-way where required, and to exercise due care to avoid colliding with a bicyclist lawfully sharing the roadway.

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 (§ 316.083, Fla. Stat.);
• 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 (§ 316.2065(11), Fla. Stat.);
• Failing to maintain a proper and careful lookout for bicyclists;
• Operating the Subject Vehicle at an excessive or imprudent speed;
• Operating the Subject Vehicle while distracted; and/or
• Operating the Subject Vehicle in a careless manner in violation of § 316.1925, Fla. Stat.

18. Defendant Driver's breach was the direct and proximate cause of the Subject Crash and of Plaintiff's injuries and damages.

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

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

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

21. At the time of the Subject Crash, the following statutes imposed mandatory duties on Defendant Driver, enacted to protect the class of persons to which Plaintiff belongs (bicyclists and other roadway users) from the type of harm that occurred:

• § 316.083(2)–(3), Fla. Stat. — the driver of a vehicle overtaking a bicycle occupying the same travel lane or a bicycle lane must pass at a safe distance of not less than three feet, and, if that movement cannot be safely accomplished, must remain at a safe distance behind until the driver can safely pass at not less than three feet;
• § 316.2065(1), Fla. Stat. — a person propelling a bicycle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle, except as to special bicycle regulations;
• § 316.2065(11), Fla. Stat. — the door of a vehicle shall not be opened on the side available to moving traffic unless and until it is reasonably safe to do so (the "dooring" prohibition); and
• [OTHER SECTION CITED OR APPLICABLE].

22. Defendant Driver violated one or more of those statutes, and such violation constitutes evidence of negligence (and, where the statute is a strict-liability traffic regulation, negligence per se) under Florida law, which was a proximate cause of the Subject Crash and of Plaintiff's injuries and damages.

6. COUNT III — VICARIOUS LIABILITY / DANGEROUS INSTRUMENTALITY (Against Defendant Owner)

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

24. The Subject Vehicle is a "dangerous instrumentality" under Florida common law. At the time of the Subject Crash, Defendant Owner was the owner of the Subject Vehicle and entrusted it to Defendant Driver, who operated it with Defendant Owner's knowledge and consent.

25. Under Florida's dangerous-instrumentality doctrine, and/or by respondeat superior where Defendant Driver acted within the course and scope of employment or agency, Defendant Owner is vicariously liable for the negligence of Defendant Driver.

26. In the alternative, Defendant Owner negligently entrusted the Subject Vehicle to Defendant Driver with actual or constructive knowledge of Defendant Driver's incompetence or unfitness, which was a proximate cause of the Subject Crash and Plaintiff's damages.

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, and rehabilitative expenses; past lost earnings; future loss of earning capacity; and property damage to the bicycle, riding gear, helmet, and personal effects.
• Non-economic damages: past and future bodily injury, pain and suffering, disability, disfigurement and permanent scarring, mental anguish, inconvenience, and loss of the capacity for the enjoyment of life.

28. The injuries are either permanent or continuing in nature, and Plaintiff will suffer the losses in the future.

8. CONDITIONS PRECEDENT

29. All conditions precedent to the maintenance of this action have been performed, have occurred, or have been waived.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, for compensatory damages exceeding $50,000, together with costs of this action taxable under § 57.041, Fla. Stat., pre-judgment and post-judgment interest as allowed by law, and such other and further relief as this Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Art. I, § 22, Fla. Const., and Fla. R. Civ. P. 1.430.

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esq.

Florida Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [PRIMARY E-SERVICE EMAIL]

12. FLORIDA PRACTICE NOTES

• Statute of limitations — 2 years. Post-HB 837 (eff. March 24, 2023), § 95.11(4)(a), Fla. Stat., shortened general negligence claims from 4 years to 2 years for causes accruing on or after that date. Confirm the accrual date.
• Negligence regime — modified comparative fault, 51% bar. § 768.81(6), Fla. Stat. (2023): a plaintiff more than 50% at fault recovers nothing; otherwise recovery is reduced by the plaintiff's fault share.
• 3-foot safe passing. § 316.083(2)–(3), Fla. Stat. (not less than three feet when overtaking a bicycle in the same travel lane or a bicycle lane).
• Cyclist rights and duties. § 316.2065 (cyclist has the rights and duties of a vehicle driver; lane-position rules and exceptions; dooring under subsection (11)).
• Helmet non-use. Helmet required only under age 16 (§ 316.2065(3)(d)); helmet non-use is generally not comparative fault for an adult — move in limine to exclude.
• PIP. A cyclist is not PIP-insured merely by riding (a bicycle is not a "motor vehicle"); a cyclist may have first-party PIP through an auto policy. Confirm the source and the § 627.737 threshold's application before pleading.
• UM/UIM and hit-and-run. Identify and pursue the cyclist's own UM/UIM (§ 627.727); BI liability is not mandatory in Florida, and hit-and-run/phantom-vehicle UM is available subject to corroboration.
• Forum and venue. Circuit Court (§ 26.012); venue under § 47.011.

13. SOURCES AND REFERENCES

• § 95.11(4)(a), Fla. Stat. (2-year negligence limitation, per 2023 HB 837) — http://www.leg.state.fl.us/statutes/
• § 768.81, Fla. Stat. (comparative fault; 51% bar) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
• § 316.083, Fla. Stat. (overtaking and passing a bicycle — 3-foot safe distance) — https://www.flsenate.gov/Laws/Statutes/2021/0316.083
• § 316.2065, Fla. Stat. (bicycle regulations — rights and duties; lane position; helmet under 16; dooring) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.2065.html
• § 316.1925, Fla. Stat. (careless driving); § 316.1995 (driving on bicycle path/sidewalk prohibited)
• § 627.736, § 627.737, § 627.732, Fla. Stat. (PIP / no-fault; threshold)
• § 627.727, Fla. Stat. (uninsured/underinsured motorist coverage)
• § 26.012, § 47.011, § 57.041, Fla. Stat.; Fla. R. Civ. P. 1.430
• HB 837 (2023 tort reform) — https://www.flsenate.gov/Session/Bill/2023/837
• deJesus v. Seaboard Coast Line R.R., 281 So. 2d 198 (Fla. 1973) (negligence per se)

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