Bicycle Accident Complaint - Idaho

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — IDAHO

IN THE DISTRICT COURT OF THE [________________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________]

Case No. [________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

DEMAND FOR JURY TRIAL

COMES NOW Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, and for causes of action against Defendants alleges as follows:

I. PARTIES

1. Plaintiff is, and at all times relevant was, an individual residing in [COUNTY] County, Idaho, and was lawfully operating a bicycle upon the public roadways of this State at the time of the collision described below.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is, and at all times relevant was, an individual residing in [COUNTY] County, Idaho, and was the operator of the motor vehicle that struck Plaintiff.

3. Defendant [DEFENDANT OWNER / EMPLOYER NAME] ("Defendant Owner") is, and at all times relevant was, the registered owner of the vehicle operated by Defendant Driver and/or the employer of Defendant Driver, and is named for vicarious liability and negligent entrustment as set forth below.

4. The true names and capacities of Defendants DOES 1–10 are presently unknown to Plaintiff, who will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes that each fictitiously named Defendant is responsible in some manner for the injuries and damages alleged herein.

II. JURISDICTION AND VENUE

5. The District Court has original jurisdiction under Idaho Code § 1-705. Plaintiff seeks the damages alleged below without stating an aggregate dollar amount for general or punitive damages.

6. This Court has personal jurisdiction over Defendants because each resides in, conducts activities within, and/or committed the tortious acts giving rise to this action within the State of Idaho.

7. Venue is proper in this County pursuant to Idaho Code § 5-404 because the cause of action arose in this County and/or one or more Defendants reside in this County.

III. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [DIRECTION] on [STREET / HIGHWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILEPOST] in [CITY], [COUNTY] County, Idaho (the "Collision").

9. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on the same roadway or approaching the same intersection.

10. Plaintiff was operating the bicycle in a lawful, careful, and prudent manner, was riding [in the bicycle lane / as near to the right-hand edge of the roadway as practicable / lawfully occupying the travel lane under an applicable Idaho Code § 49-717 exception], was visible [SUPPORTING FACTS], and was exercising due care as required by Idaho Code § 49-714(2).

11. Defendant Driver negligently caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE THE MANNER OF COLLISION: overtaking and passing Plaintiff's bicycle without leaving a safe distance and interfering with the safe operation of the bicycle / turning left across Plaintiff's path of travel (left-cross) when it was unsafe to do so / turning right across Plaintiff's path after overtaking the bicycle (right-hook) / opening a vehicle door into Plaintiff's path of travel ("dooring") / failing to yield the right-of-way to Plaintiff at the intersection / driving at an excessive or imprudent speed / driving while distracted or inattentive / failing to keep a proper lookout for bicyclists lawfully sharing the roadway].

12. Although Plaintiff and Plaintiff's bicycle were plainly visible, Defendant Driver failed to see, or saw but disregarded, Plaintiff — a bicyclist with the applicable driver rights under Idaho Code § 49-714(1) — and proceeded into Plaintiff's path of travel, striking Plaintiff and the bicycle.

13. As a direct and proximate result of the Collision, Plaintiff — an unprotected bicyclist without the structural protection, restraint systems, or crumple zones of an enclosed vehicle — was thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash/degloving, and disfiguring scarring].

14. The nature and severity of Plaintiff's injuries are [DESCRIBE THE MEDICAL EVIDENCE AND CAUSATION].

15. [If supported: The [Idaho State Police / Sheriff's Office / Police Department] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE / VERIFIED LOCAL ORDINANCE]. / No citation allegation.]

16. Plaintiff received emergency and ongoing medical treatment at [HOSPITAL / PROVIDER] and has incurred, and will continue to incur, medical expenses, lost wages, and other damages as a result of the Collision.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver and Does 1–10)

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

18. Defendant Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care, to exercise due care to avoid a collision with a bicyclist under Idaho Code § 49-615, to pass on the left at a safe distance when § 49-632(1) applies, to yield where required, and to obey the applicable rules of the road.

19. Defendant Driver breached that duty by, among other things:

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Overtaking and passing Plaintiff's bicycle without leaving a safe distance and in a manner that interfered with the safe operation of the bicycle;
• Turning left across the path of Plaintiff's oncoming or approaching bicycle when it was unsafe to do so;
• Turning right across the path of Plaintiff's bicycle after overtaking it (a "right hook");
• Opening, or permitting the opening of, a vehicle door into Plaintiff's path of travel when it was not reasonably safe to do so;
• Failing to yield the right-of-way to Plaintiff;
• Operating the vehicle at a speed greater than was reasonable and prudent under the conditions;
• Operating the vehicle while distracted or inattentive; and/or
• Otherwise carelessly and negligently operating the vehicle.

20. Each of the foregoing acts and omissions, separately and in combination, was an actual and proximate cause of the Collision and of Plaintiff's injuries and damages.

21. As a direct and proximate result, Plaintiff has suffered and will suffer the economic and noneconomic damages described in Count IV (Damages) below.

V. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver and Does 1–10)

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

23. At the time of the Collision, Defendant Driver or the identified vehicle-door operator violated one or more provisions of Idaho's motor-vehicle laws applicable to the supported facts, including:

• Idaho Code § 49-615 (Drivers to Exercise Due Care): a motor-vehicle driver must exercise due care to avoid colliding with a person riding a bicycle;
• Idaho Code § 49-632(1) (Overtaking on the Left): an overtaking driver must pass to the left at a safe distance and return right only when safely clear;
• Idaho Code § 49-633(2) (Passing on the Right): when a right-side pass is permitted by subsection (1), it must be made only under conditions permitting safety and without driving off the roadway;
• Idaho Code § 49-641 (Vehicle Turning Left): a left-turning driver must yield to an opposite-direction vehicle in the intersection or close enough to be an immediate hazard;
• Idaho Code § 49-644(1) (Right-Turn Position): the approach and turn must be as close as practicable to the right-hand curb or roadway edge;
• Idaho Code § 49-607 (Opening Vehicle Doors): a person must not open a motor-vehicle door on a side available to moving traffic until reasonably safe and without interfering with that traffic;
• Idaho Code § 49-630 (Drive on Right Side of Roadway), when the driver's lane position is at issue; and/or
• Idaho Code § 49-654(1) (Basic Speed Rule), when the driver's speed was unreasonable under the conditions.

24. Plaintiff is a member of the class of persons the foregoing statutes were designed to protect, and the Collision is the type of harm those statutes were designed to prevent.

25. The selected statutory violation supports negligence per se if its required conduct, protected class, type of harm, and proximate-cause elements are established. Infanger v. State of Idaho, Idaho Supreme Court No. 52692 (Sept. 24, 2026). Plaintiff alleges those elements based on the facts above.

VI. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

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

27. Defendant Owner owned and/or controlled the vehicle operated by Defendant Driver at the time of the Collision.

28. To the extent Defendant Driver operated the vehicle within the course and scope of employment or agency with Defendant Owner, Defendant Owner is vicariously liable under the doctrine of respondeat superior for the negligent acts and omissions of Defendant Driver.

29. In the alternative, Defendant Owner negligently entrusted the vehicle to Defendant Driver with actual or constructive knowledge that Defendant Driver was incompetent, inexperienced, reckless, or otherwise unfit to operate the vehicle safely, because [SPECIFIC FACTS SHOWING KNOWLEDGE, ENTRUSTMENT, AND CAUSATION]. Plaintiff asserts this alternative only where Wise v. Fiberglass Systems, Inc. permits an independent entrustment theory on the facts.

30. As a direct and proximate result, Plaintiff has suffered the damages described below.

VII. COUNT IV — DAMAGES

31. Plaintiff realleges and incorporates by reference paragraphs 1 through 30 as though fully set forth herein.

32. Economic Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical and rehabilitation expenses, lost wages and diminished earning capacity, damage to the bicycle and personal effects, and other out-of-pocket losses, presently estimated to exceed $[________], subject to proof at trial.

33. Noneconomic Damages. Plaintiff has suffered and will suffer physical pain, mental anguish, emotional distress, disfigurement and scarring, permanent impairment, and loss of enjoyment of life, in an amount to be proven at trial, subject to Idaho Code § 6-1603's annually adjusted limit where it applies. The statute excludes causes arising from willful or reckless misconduct and acts the trier of fact finds beyond a reasonable doubt would constitute a state or federal felony.

34. Prejudgment Interest. Plaintiff seeks prejudgment interest only if separate claim- and accrual-specific law makes it available. Idaho Code § 28-22-104(1) supplies a rate for its listed money categories but does not itself select an accrual date for this personal-injury claim.

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

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against each Defendant for that Defendant's apportioned share of damages and, where the acting-in-concert or agency exception applies, jointly and severally under Idaho Code § 6-803(5), as follows:

A. For economic damages in an amount to be proven at trial;

B. For noneconomic damages in an amount to be proven at trial, subject to Idaho Code § 6-1603 where applicable;

C. For prejudgment and post-judgment interest as allowed by law;

D. For recoverable costs of suit; attorney fees only if a separately identified statute or contract authorizes them; and

E. For such other and further relief as the Court deems just and proper.

X. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Idaho Const. art. I, § 7 and Idaho R. Civ. P. 38(b). Plaintiff [will / will not] stipulate to a jury of fewer than twelve persons but at least six.

XI. SIGNATURE

DATED this [____] day of [_______________], 20[____].

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], ISB No. [________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. VERIFICATION (OPTIONAL)

STATE OF IDAHO )
           ) ss.
COUNTY OF [________________] )

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint and know the contents thereof; and the same is true to my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]
[PLAINTIFF FULL LEGAL NAME]

SUBSCRIBED AND SWORN before me this [____] day of [_______________], 20[____].

[________________________________]
Notary Public for Idaho
My Commission Expires: [____________]

XIII. SOURCES AND REFERENCES

• Idaho Code § 5-219 (Two-year limitation for personal injury actions) — https://legislature.idaho.gov/statutesrules/idstat/title5/t5ch2/sect5-219/
• Idaho Code § 6-801 (comparative negligence — individual comparison with the person against whom recovery is sought) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/
• Idaho Code § 6-802 (Apportionment of fault); § 6-1603 (Limitation on noneconomic damages, as adjusted)
• Idaho Code § 49-714 (bicyclists' rights and duties under chapters 6 and 8; due care) — https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH7/SECT49-714/
• Idaho Code § 49-717 (Position on highway; full-lane-use exceptions); § 49-718 (riding two abreast)
• Idaho Code § 49-720 (Bicyclist stopping — the "Idaho Stop" / "Dead Red" rule) — https://legislature.idaho.gov/statutesrules/idstat/title49/t49ch7/sect49-720/
• Idaho Code § 49-607 (opening vehicle doors); § 49-615 (motorist due care) — https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/SECT49-607/ ; https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/SECT49-615/
• Idaho Code § 49-632(1) (passing on the left at a safe distance); § 49-633(2) (safe conditions for permitted right-side passing) — https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/SECT49-632/ ; https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/SECT49-633/
• Idaho Code § 49-630 (drive on right); § 49-641 (left turn — yield); § 49-644(1) (right-turn position); § 49-654 (basic speed rule)
• Idaho Code § 1-705 (District Court original and appellate jurisdiction); § 5-404 (venue for other actions)
• Infanger v. State of Idaho, Idaho Supreme Court No. 52692 (Sept. 24, 2026) (negligence-per-se test) — https://api.isc.idaho.gov/uploads/Documents/ISC/Civil/2026/1790257868515-52692.pdf
• Bergman v. Henry, 115 Idaho 259, 766 P.2d 729 (1988) (negligent entrustment) — https://www.courtlistener.com/opinion/1349303/bergman-v-henry/
• Wise v. Fiberglass Systems, Inc., 110 Idaho 740, 718 P.2d 1178 (1986) (entrustment when agency is admitted) — https://www.courtlistener.com/opinion/1159949/wise-v-fiberglass-systems-inc/
• Idaho R. Civ. P. 3(b), 8(a), 38(b) — https://isc.idaho.gov/rules-procedure/ircp

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