Bicycle Accident Complaint - Georgia

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — GEORGIA

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. Georgia Practice Notes
13. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

Civil Action File No. [____________]

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

COMES NOW Plaintiff, [PLAINTIFF NAME], and files this Complaint for Damages against Defendants, showing the Court as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a resident of [COUNTY] County, [State], is sui juris, and at the time of the Collision was lawfully operating a bicycle upon a public roadway in Georgia, with the rights and duties applicable to the driver of a vehicle under O.C.G.A. § 40-6-291.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is a resident of [COUNTY] County, [State], is subject to the jurisdiction of this Court, and may be served at [SERVICE ADDRESS], or wherever found.

3. Defendant [DEFENDANT OWNER/EMPLOYER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] organized under the laws of [State] and may be served [at [ADDRESS] / through its registered agent, [AGENT NAME & ADDRESS]].

4. This Court has subject-matter jurisdiction pursuant to the Georgia Constitution and O.C.G.A. § 15-6-8.

5. Personal jurisdiction is proper because Defendants are residents of Georgia, transact business in Georgia, and/or committed a tortious act within Georgia (O.C.G.A. § 9-10-91).

6. Venue is proper in this County under the Georgia Constitution and O.C.G.A. § 40-1-117 and/or § 9-10-93 because at least one Defendant resides here and/or the collision giving rise to this action occurred here.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], 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 [ROADWAY / HIGHWAY] at or near [INTERSECTION / MILE MARKER] in [COUNTY] County, Georgia (the "Collision").

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") owned by Defendant Owner in the same vicinity.

9. Defendant Driver negligently, carelessly, and unlawfully [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 O.C.G.A. § 40-6-56; 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 O.C.G.A. § 40-6-243; was distracted or speeding], 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 signal in Plaintiff's favor / as near to the right side as practicable except where O.C.G.A. § 40-6-294(b) permits otherwise], in compliance with the traffic laws of Georgia, and was plainly visible to a driver exercising ordinary care.

11. As a direct and proximate result of the Collision, 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 Collision 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 Georgia Uniform Motor Vehicle Accident Report No. [____], [and cited Defendant Driver for violation of O.C.G.A. § [____]].

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

15. All conditions precedent to the filing and maintenance of this action have been satisfied, waived, or excused.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

16. Plaintiff incorporates Paragraphs 1 through 15 as though fully set forth herein.

17. Under O.C.G.A. § 51-1-2, every person owes a duty to exercise ordinary care not to injure others. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with ordinary care, to obey Georgia'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.

18. 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, or without a required lane change or speed reduction (O.C.G.A. § 40-6-56);
• 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 (O.C.G.A. § 40-6-243);
• Failing to keep a proper and careful lookout for bicyclists;
• Driving at a speed greater than was reasonable and prudent under the conditions (O.C.G.A. § 40-6-180);
• Following too closely or failing to maintain control of the Subject Vehicle (O.C.G.A. § 40-6-49); and/or
• Operating the Subject Vehicle while distracted or inattentive (O.C.G.A. § 40-6-241).

19. Defendant Driver's negligence was the actual and proximate cause of the Collision and of Plaintiff's injuries and damages.

20. 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)

21. Plaintiff incorporates Paragraphs 1 through 20 as though fully set forth herein.

22. The traffic statutes governing the conduct of Defendant Driver were 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:

• O.C.G.A. § 40-6-56 — when overtaking and passing a bicycle, a driver shall leave a safe distance of not less than three feet and maintain that clearance until safely past, making a lane change into a non-adjacent lane if possible, and otherwise reducing speed to a reasonable and proper speed (at least ten miles per hour below the posted limit, or 25 miles per hour, whichever is more) and proceeding with at least three feet of clearance;
• O.C.G.A. § 40-6-291 — the provisions of the chapter that apply to vehicles, but not exclusively to motor vehicles, apply to bicycles, conferring on Plaintiff the rights and duties of a vehicle driver;
• O.C.G.A. § 40-6-243 — 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 (the "dooring" prohibition); and
• [OTHER O.C.G.A. SECTION CITED OR APPLICABLE — e.g., § 40-6-180 (speed); § 40-6-241 (distracted driving)].

23. Defendant Driver's violation of one or more of those statutes constitutes negligence per se under O.C.G.A. § 51-1-6 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)

24. Plaintiff incorporates Paragraphs 1 through 23 as though fully set forth herein.

25. At the time of the Collision, Defendant Driver operated the Subject Vehicle with the permission and consent of Defendant Owner and/or within the course and scope of employment or agency with Defendant Owner, rendering Defendant Owner vicariously liable under the doctrine of respondeat superior.

26. In the alternative, Defendant Owner negligently entrusted the Subject Vehicle to Defendant Driver with actual knowledge that Defendant Driver was an incompetent, inexperienced, or reckless operator, and such negligent entrustment was a proximate cause of the Collision and Plaintiff's damages.

27. Accordingly, Defendant Owner is liable for the damages proximately caused by Defendant Driver.

7. DAMAGES

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

• Special (economic) damages: past and future medical, hospital, surgical, and rehabilitative expenses; past lost wages; future lost wages and diminished earning capacity; and property damage to the bicycle, riding gear, helmet, and personal effects.
• General (non-economic) damages: past and future physical pain and suffering, mental and emotional distress, disfigurement and permanent scarring, permanent impairment, and loss of the enjoyment of life, in an amount to be determined by the enlightened conscience of the jury.

29. Punitive damages. Defendant Driver's conduct [e.g., driving under the influence / reckless and wanton conduct] showed willful misconduct, wantonness, and an entire want of care raising a presumption of conscious indifference to consequences, warranting punitive damages under O.C.G.A. § 51-12-5.1.

30. Litigation expenses. Defendants have acted in bad faith, have been stubbornly litigious, and/or have caused Plaintiff unnecessary trouble and expense, entitling Plaintiff to expenses of litigation, including reasonable attorney's fees, under O.C.G.A. § 13-6-11.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

• A. Enter judgment in favor of Plaintiff and against Defendants;
• B. Award general and special damages in an amount to be determined at trial;
• C. Award punitive damages as authorized by O.C.G.A. § 51-12-5.1, where supported;
• D. Award expenses of litigation under O.C.G.A. § 13-6-11, where supported;
• E. Award pre-judgment and post-judgment interest and costs as allowed by law; and
• F. Grant such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury of twelve (12) on all issues so triable as a matter of right under the Constitution of the State of Georgia and O.C.G.A. § 9-11-38.

10. VERIFICATION

STATE OF [____________]

COUNTY OF [____________]

Personally appeared before the undersigned officer duly authorized to administer oaths, [PLAINTIFF NAME], who, being duly sworn, states that the facts contained in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed 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]

Georgia Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

12. GEORGIA PRACTICE NOTES

• Statute of limitations — 2 years. O.C.G.A. § 9-3-33 (watch for § 9-3-99 tolling if the driver was criminally charged).
• Negligence regime — modified comparative, 50% bar. O.C.G.A. § 51-12-33: recovery is reduced by the plaintiff's fault and barred entirely at 50% or more; fault is apportioned among all contributors, including noticed nonparties.
• 3-foot safe passing. O.C.G.A. § 40-6-56 (not less than three feet; lane change into a non-adjacent lane if possible, else reduced speed and three-foot clearance; misdemeanor, fine up to $250).
• Cyclist rights and duties. O.C.G.A. § 40-6-291 (rights and duties of a vehicle driver); § 40-6-294 (riding on roadways; "hazards to safe cycling" expressly include opening car doors). Dooring prohibited by § 40-6-243.
• Helmet non-use. Helmet required only under age 16 (§ 40-6-296(e)); helmet non-use is generally not comparative fault for an adult — move in limine to exclude.
• No-fault. Georgia is an at-fault state with no PIP system; do not plead a no-fault threshold.
• UM/UIM and hit-and-run. Coverage must be offered (O.C.G.A. § 33-7-11); serve the UM carrier as an unnamed party where applicable; UM reaches phantom/hit-and-run vehicles.
• Forum. State Court or Superior Court of the county of proper venue.

13. SOURCES AND REFERENCES

• O.C.G.A. § 9-3-33 (2-year personal-injury limitation) — https://law.justia.com/codes/georgia/
• O.C.G.A. § 51-12-33 (apportionment; 50% bar) — https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/
• O.C.G.A. § 51-1-2 (ordinary diligence); § 51-1-6 (negligence per se)
• O.C.G.A. § 40-6-56 (passing a bicycle — 3-foot safe distance) — https://law.justia.com/codes/georgia/title-40/chapter-6/article-4/section-40-6-56/
• O.C.G.A. § 40-6-291 (cyclist rights and duties); § 40-6-294 (riding on roadways; hazards include opening car doors) — https://law.justia.com/codes/georgia/title-40/chapter-6/article-13/part-1/section-40-6-294/
• O.C.G.A. § 40-6-243 (opening and closing vehicle doors — dooring) — https://law.justia.com/codes/georgia/title-40/chapter-6/article-11/section-40-6-243/
• O.C.G.A. § 40-6-296 (bicycle equipment; helmet required under age 16); § 40-6-180 (speed); § 40-6-241 (distracted driving)
• O.C.G.A. § 51-12-5.1 (punitive damages); § 13-6-11 (litigation expenses); § 33-7-11 (UM/UIM)
• O.C.G.A. § 15-6-8; §§ 9-10-91, 9-10-93, 40-1-117 (jurisdiction/venue); § 9-11-38 (jury trial)

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