Bicycle Accident Complaint - Hawaii

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — HAWAIʻI

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Compliance With Hawaiʻi Motor Vehicle Insurance Law
4. General Factual Allegations
5. Count I — Negligence (Against Defendant Driver)
6. Count II — Traffic-Rule Violation as Evidence of Negligence (Against Defendant Driver)
7. Count III — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
8. Damages
9. Uninsured / Underinsured Motorist and Hit-and-Run Note
10. Prayer for Relief
11. Demand for Trial by Jury
12. Verification
13. Signature and Service Blocks
14. Hawaiʻi Practice Notes
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] CIRCUIT

STATE OF HAWAIʻI

Civil No. [____________]

(Tort — Bicycle Collision)

COMPLAINT FOR DAMAGES (BICYCLE COLLISION); DEMAND FOR JURY TRIAL; SUMMONS

Plaintiff, by and through undersigned counsel, alleges and avers as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of the [____] Circuit, State of Hawaiʻi, and at all relevant times was lawfully operating a bicycle upon the public roadways of this State, with the rights and duties of the driver of a vehicle under Haw. Rev. Stat. § 291C-142.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is an adult who, at all relevant times, operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") and may be served pursuant to Haw. R. Civ. P. 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 registered owner of the Subject Vehicle and/or the employer of Defendant Driver, and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This Court has subject-matter jurisdiction pursuant to Haw. Rev. Stat. § 603-21.5. The amount in controversy exceeds $5,000, this matter is triable of right by a jury, and Plaintiff demands a jury trial in this Complaint under HRS § 604-5(b).

5. Venue is proper in this Circuit under Haw. Rev. Stat. § 603-36 because the collision giving rise to this action (the "Subject Collision") occurred within this Circuit and/or one or more Defendants reside or may be served here.

3. COMPLIANCE WITH HAWAIʻI MOTOR VEHICLE INSURANCE LAW

6. Plaintiff may pursue this motor vehicle tort action under Haw. Rev. Stat. § 431:10C-306(b) because [SELECT AND STATE FACTS: the person died in the accident / the injury caused significant permanent loss of use of a body part or function / permanent and serious disfigurement caused mental or emotional suffering / PIP benefits incurred as calculated under subsection (b)(4) equal or exceed $5,000]. Supporting facts and counted benefits: [________________________________].

4. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle [traveling [direction] in the [travel lane / bicycle lane / on the shoulder] / proceeding through the intersection with the signal in Plaintiff's favor] on [STREET / ROUTE] at or near [INTERSECTION / LOCATION] in the [____] Circuit, State of Hawaiʻi (the "Subject Collision").

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, traveling [DIRECTION] on the same roadway.

9. Defendant Driver negligently [DESCRIBE CONDUCT — SELECT THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without allowing at least three feet of separation in violation of HRS § 291C-43(2); 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 HRS § 291C-125; was traveling at an excessive or unsafe speed; was distracted; failed to keep a proper lookout], causing the Subject Vehicle [and/or its opened door] to strike Plaintiff and Plaintiff's bicycle.

10. At all material times Plaintiff exercised due care for his/her own safety, was visible to approaching traffic, and was operating the bicycle [in the bicycle lane / as near to the right as practicable except where HRS § 291C-145 permits otherwise / in compliance with the applicable traffic-control signal] in compliance with the traffic laws of Hawaiʻi, with Plaintiff's bicycle lamp and reflectors [illuminated / in place] as required.

11. As a direct and proximate result of the Subject Collision, Plaintiff — an unprotected bicyclist without the structural protection, restraint systems, or crumple zones of an enclosed vehicle — was thrown from the bicycle to the pavement 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. The [name of law-enforcement agency] responded and prepared a traffic crash report, [and cited Defendant Driver for violation of HRS § [____]].

13. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY — surgeries, hospitalization, rehabilitation], with care continuing, and will require future medical care.

5. COUNT I — NEGLIGENCE (Against Defendant Driver)

14. Plaintiff re-alleges and incorporates Paragraphs 1 through 13 as though fully set forth herein.

15. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care, to obey Hawaiʻi's traffic laws, to overtake and pass Plaintiff's bicycle only while allowing at least three feet of separation, 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.

16. Defendant Driver breached that duty by one or more of the following acts or omissions:

• Overtaking and passing Plaintiff's bicycle without allowing at least three feet of separation (HRS § 291C-43(2));
• 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 (HRS § 291C-125);
• Failing to keep a proper and careful lookout for bicyclists;
• Operating the Subject Vehicle at an excessive or imprudent speed for conditions;
• Operating the Subject Vehicle while distracted or inattentive;
• Failing to sound a warning or take evasive action when the danger to Plaintiff was or should have been apparent; and/or
• Otherwise failing to exercise reasonable care under the circumstances.

17. Defendant Driver's breach was the actual and proximate cause of the Subject Collision and of Plaintiff's injuries and damages.

18. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 8 below.

6. COUNT II — TRAFFIC-RULE VIOLATION AS EVIDENCE OF NEGLIGENCE (Against Defendant Driver)

19. Plaintiff re-alleges and incorporates Paragraphs 1 through 18 as though fully set forth herein.

20. The Hawaiʻi traffic statutes governing safe passing of bicyclists and the rights and duties of bicyclists were enacted to protect the class of persons to which Plaintiff belongs — bicyclists lawfully using the roadway — against the type of harm that occurred. These include, as applicable to the manner of the Subject Collision:

• HRS § 291C-43(2) — the driver of a vehicle passing or overtaking a bicyclist proceeding in the same direction shall allow at least three feet of separation between the right side of the driver's vehicle, including all mirrors or other protuberances, and the left side of the bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle;
• HRS § 291C-142 — every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle, except as to special bicycle regulations;
• HRS § 291C-125 — restrictions on opening and closing vehicle doors on the side available to moving traffic (the "dooring" prohibition); and
• [OTHER APPLICABLE PROVISION — e.g., speed (HRS § 291C-101 et seq.); verify exact section].

21. Defendant Driver violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Subject Collision is the type of harm those statutes were designed to prevent.

22. Defendant Driver's violation of these statutes is evidence of negligence to be weighed with the other evidence. Defendant Driver’s negligent conduct was a proximate cause of the Subject Collision and of Plaintiff's injuries and damages.

7. COUNT III — VICARIOUS LIABILITY / NEGLIGENT ENTRUSTMENT (Against Defendant Owner)

23. Plaintiff re-alleges and incorporates Paragraphs 1 through 22 as though fully set forth herein.

24. At the time of the Subject Collision, Defendant Driver was acting within the course and scope of [employment / an agency arrangement under Defendant Owner's control] with Defendant Owner by [DESCRIBE WORK OR CONTROL AND HOW THE TRIP FURTHERED THAT ARRANGEMENT]. On those facts, Defendant Owner is vicariously liable for Defendant Driver's negligent conduct under respondeat superior.

25. In the alternative, Defendant Owner negligently 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 Subject Collision and Plaintiff's damages.

26. Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver, to the extent permitted by Haw. Rev. Stat. § 663-10.9.

8. DAMAGES

27. 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 wage loss; future loss of earning capacity; and out-of-pocket losses, including damage to the bicycle, riding gear, helmet, and personal effects.
• General (non-economic) damages: past and future physical pain and suffering, mental anguish, disfigurement and permanent scarring, permanent impairment, and loss of the enjoyment of life, in an amount to be proven at trial.

28. Punitive damages. Defendant Driver acted wantonly, oppressively, or with such malice or reckless indifference to the rights of others as to warrant punitive damages under Hawaiʻi law.

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

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim, including a hit-and-run collision. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been met, and that UM/UIM benefits due and owing remain unpaid.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

• A. Enter judgment against Defendants for all special and general damages in amounts to be proven at trial;
• B. Award punitive damages where authorized;
• C. Award pre-judgment and post-judgment interest as permitted by law;
• D. Award taxable litigation costs as allowed by law; and
• E. Grant such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Pursuant to Article I, Section 13 of the Constitution of the State of Hawaiʻi and Haw. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint and know its contents, and that the same is true of my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.

DATED: [City], Hawaiʻi, [__/__/____].

[________________________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

DATED: [City], Hawaiʻi, [__/__/____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Hawaiʻi Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

14. HAWAIʻI PRACTICE NOTES

• Motor-vehicle tort filing deadline. For a bicycle injury suit arising from a motor-vehicle accident, HRS § 431:10C-315(b) allows two years after the latest applicable date: the accident, the last motor-vehicle insurance or optional-benefit payment, or the last accident-related workers’ compensation or public-assistance payment. Confirm the accident and payment dates before filing; HRS § 657-7 supplies the general personal-injury rule for other claims.
• Negligence regime — modified comparative. Haw. Rev. Stat. § 663-31: the plaintiff may recover if his/her negligence is NOT GREATER THAN the negligence of the defendants against whom recovery is sought (i.e., up to and including 50%), with damages diminished in proportion to the plaintiff's fault; a plaintiff whose fault is greater than the defendants' aggregate fault (more than 50%) is BARRED. In bicycle cases, the defense routinely argues lane position, riding outside a bikeway, no lights at night, or running a control device; plead the cyclist's due care and lawful position.
• 3-foot safe passing. Haw. Rev. Stat. § 291C-43(2) requires at least three feet of separation when a driver passes or overtakes a bicyclist, measured from the right side of the vehicle (including mirrors/protuberances) to the left side of the bicyclist, with the driver not returning to the right until safely clear. (Enacted by the 2018 3-Foot Safe Passing Rule, HB2215.) NOTE: § 291C-148 is the "Driving upon sidewalk" statute, NOT the passing rule — do not cite § 291C-148 for the 3-foot rule.
• Cyclist rights and duties. HRS § 291C-142 grants a roadway bicyclist the rights and duties of a vehicle driver; § 291C-145 governs riding on roadways and bikeways (right-side/shoulder duty with exceptions); § 291C-143 governs riding on bicycles. Dooring is restricted by HRS § 291C-125 (opening and closing vehicle doors).
• Helmet non-use — not comparative fault for adults. Hawaiʻi requires a bicycle helmet only for a rider UNDER 16 (HRS § 291C-150). For an adult cyclist there is no helmet mandate, and helmet non-use is generally not comparative fault or a basis to reduce damages — move in limine to exclude helmet-non-use evidence and argument. [verify current admissibility framework]
• No-fault / PIP threshold. For a motor vehicle tort claim, plead a supported § 431:10C-306(b) route: death, a qualifying permanent injury or disfigurement, or at least $5,000 in PIP benefits incurred as the statute calculates them. Total medical bills and PIP exhaustion are not substitutes for that calculation (Section 3).
• UM/UIM and hit-and-run. Coverage must be offered (HRS § 431:10C-301); stacking generally prohibited. A bicyclist struck by an uninsured, underinsured, or hit-and-run motorist may have a first-party claim under his/her own or a resident relative's policy.
• Joint and several liability. For a tort relating to a motor-vehicle collision, HRS § 663-10.9(2)(F) retains joint and several liability for both economic and noneconomic damages. The highway-design exception in subsection (4) and other applicable limits require separate review. Account for the applicable rule in the owner/vicarious claims and the prayer.
• Vulnerable user. Hawaiʻi defines bicyclists as vulnerable users for purposes of enhanced criminal/traffic penalties where a vulnerable user is seriously injured or killed by negligence; this is a sentencing/enforcement provision and does not alter the civil comparative-negligence standard, but the underlying conduct can support the negligence and negligence-per-se counts.
• Forum. This Circuit Court complaint demands a jury trial and alleges more than $5,000 in controversy, the filing route allowed by HRS § 604-5(b) for a jury-triable matter. District Court's ordinary civil ceiling is $40,000 under § 604-5(a).

15. SOURCES AND REFERENCES

• Haw. Rev. Stat. § 657-7 (general personal-injury limitation) — https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0007.htm
• Haw. Rev. Stat. § 431:10C-315(b) (motor-vehicle tort deadline) — https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0315.htm
• Haw. Rev. Stat. § 663-31 (comparative negligence) — https://law.justia.com/codes/hawaii/
• Haw. Rev. Stat. § 291C-43 (overtaking — 3-foot separation when passing a bicyclist) — https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-291c-43/
• Haw. Rev. Stat. § 291C-142 (traffic laws apply to bicyclists — rights and duties) — https://law.justia.com/codes/hawaii/title-17/chapter-291c/section-291c-142/
• Haw. Rev. Stat. § 291C-145 (riding on roadways and bikeways); § 291C-143 (riding on bicycles); § 291C-125 (opening/closing vehicle doors — dooring)
• Haw. Rev. Stat. § 291C-150 (bicycle helmet required under age 16)
• 2018 3-Foot Safe Passing Rule, HB2215 — https://www.capitol.hawaii.gov/sessions/session2018/bills/HB2215_.HTM
• Haw. Rev. Stat. ch. 431:10C (Motor Vehicle Insurance Law / no-fault); § 431:10C-301 (UM/UIM); § 431:10C-315 (limitation)
• Haw. Rev. Stat. § 663-10.9 (joint and several liability)
• Haw. Rev. Stat. § 603-21.5, § 603-36; Haw. R. Civ. P. 4, 8, 38

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaiʻi must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities — including the no-fault treatment of the claim under HRS ch. 431:10C and the safe-passing citation (§ 291C-43, not § 291C-148) — before use.