Bicycle Accident Complaint - Kentucky

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — KENTUCKY

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. Kentucky Practice Notes
13. Sources and References

1. CAPTION

COMMONWEALTH OF KENTUCKY

[COUNTY NAME] CIRCUIT COURT

DIVISION [________]

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, for the Complaint against Defendants states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual residing at [ADDRESS], [COUNTY] County, Kentucky, and at all material times was lawfully operating a bicycle upon the public roadways of this Commonwealth.

2. Defendant [DRIVER NAME] ("Defendant Driver") is an individual residing at [ADDRESS] and may be served with process at [SERVICE ADDRESS].

3. Defendant [OWNER NAME] ("Defendant Owner") is [an individual residing at / a corporation organized under the laws of] [ADDRESS / STATE] and was, at all relevant times, the titled owner of the motor vehicle operated by Defendant Driver; service may be made [on the individual at [ADDRESS] / through its registered agent, [AGENT NAME], at [AGENT ADDRESS]].

4. This Court has subject-matter jurisdiction pursuant to Ky. Const. § 112(5) and Ky. Rev. Stat. § 23A.010, the amount in controversy exceeding the jurisdictional threshold of the District Court, exclusive of interest and costs.

5. Venue is proper in this county under Ky. Rev. Stat. § 452.400 because the Collision occurred in, and/or Defendant Driver resides in, this county.

6. All conditions precedent to the filing of this action, including any applicable requirements of the Motor Vehicle Reparations Act ("MVRA"), Ky. Rev. Stat. § 304.39-010 et seq., have been performed, satisfied, or have occurred.

3. GENERAL FACTUAL ALLEGATIONS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle, traveling [DIRECTION] on [ROADWAY] at or near its intersection with [CROSS-STREET] in [MUNICIPALITY], [COUNTY] County, Kentucky (the "Collision").

8. At all material times, Plaintiff operated the bicycle in a careful and prudent manner, in the same manner as a motor vehicle as contemplated by 601 KAR 14:020, kept to the right of the highway lane as required (with the exceptions stated therein), maintained a proper lookout, and obeyed all applicable traffic laws. [If applicable: Plaintiff's bicycle displayed the lighting and reflectors required by 601 KAR 14:020 § 2, and Plaintiff was wearing high-visibility apparel.]

9. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Defendant Owner.

10. The Collision occurred when Defendant Driver [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle at a distance of less than three feet, striking Plaintiff; turned right across Plaintiff's path of travel (a "right hook"); turned left across the path of Plaintiff's oncoming bicycle (a "left cross"); failed to yield the right-of-way at an intersection; opened a vehicle door into Plaintiff's path of travel (a "dooring"); was driving while distracted or speeding], causing Defendant Driver's vehicle [and/or its door] to violently collide with Plaintiff and Plaintiff's bicycle.

11. Although Plaintiff was plainly visible and lawfully entitled to the use of the roadway, Defendant Driver failed to detect, yield to, account for, and safely share the roadway with Plaintiff's bicycle.

12. A bicycle is a "vehicle" within Ky. Rev. Stat. § 189.010, and under 601 KAR 14:020 a bicycle is to be operated in the same manner as a motor vehicle. Plaintiff was therefore granted the rights, and bound by the duties, of a vehicle operator, had the right-of-way, and at no time did anything that caused or contributed to the Collision.

13. The [Kentucky State Police / [Local] Police Department / Sheriff's Office] investigated the Collision and [cited Defendant Driver for violation of Ky. Rev. Stat. § [SECTION] / determined Defendant Driver to be at fault].

14. As a direct and proximate result of the Collision, Plaintiff was thrown from the bicycle and sustained serious, 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], requiring emergency transport to [HOSPITAL] and subsequent medical care.

15. Because a bicyclist is wholly unprotected by the structural protection, restraint systems, and crumple zones of an enclosed motor vehicle, the forces of the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by occupants of passenger vehicles.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

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

17. Defendant Driver owed Plaintiff a duty to exercise ordinary care in the operation of a motor vehicle, including the duty to keep a proper lookout for bicyclists, to overtake and pass a bicycle only at a distance of not less than three feet, to yield the right-of-way, to maintain a reasonable speed, to refrain from opening a vehicle door into the path of a bicyclist, and to operate the vehicle in accordance with Kentucky law.

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

• Failing to keep a proper and careful lookout for bicycle traffic lawfully sharing the roadway;
• Overtaking and passing Plaintiff's bicycle at a distance of less than three feet;
• Turning right or left across Plaintiff's path of travel when it was unsafe to do so;
• Failing to yield the right-of-way to Plaintiff's bicycle;
• Opening a vehicle door into the path of Plaintiff's bicycle when it was unsafe to do so;
• Operating the vehicle at a speed greater than was reasonable and prudent under the conditions;
• Driving while distracted or inattentive;
• Failing to take reasonable evasive action to avoid the Collision; and
• Otherwise failing to exercise the degree of care that an ordinarily prudent driver would have exercised under the same or similar circumstances.

19. Defendant Driver's negligence was 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 the damages described in Section 7 below.

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

21. Plaintiff realleges and incorporates 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 Kentucky Revised Statutes enacted for the protection of bicyclists and other persons lawfully using the roadway, including but not limited to:

• Ky. Rev. Stat. § 189.340(2)(a) — a vehicle overtaking a bicycle proceeding in the same direction shall pass to the left of the bicycle at a distance of not less than three feet between any portion of the vehicle and the bicycle and shall maintain that distance until safely past the overtaken bicycle;
• Ky. Rev. Stat. § 189.380 — failure to signal and/or to yield when turning;
• Ky. Rev. Stat. § 189.290 — operating a vehicle in a careless manner without due regard for the safety of others; and/or
• Ky. Rev. Stat. § 189.390 — operating a vehicle at a speed greater than is reasonable and prudent.

23. A bicycle is a "vehicle" under Ky. Rev. Stat. § 189.010, and under Ky. Rev. Stat. § 189.287 and 601 KAR 14:020 a bicycle is operated in the same manner as a motor vehicle and is entitled to the rights of a vehicle on the roadway. These statutes were enacted to protect a class of persons that includes Plaintiff from the type of harm Plaintiff suffered. Under Ky. Rev. Stat. § 446.070, a person injured by the violation of a statute may recover damages from the offender.

24. Defendant Driver's statutory violations constitute negligence per se under Kentucky law and were a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

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

25. Plaintiff realleges and incorporates Paragraphs 1 through 24 as though fully set forth herein.

26. Defendant Owner entrusted the subject vehicle to Defendant Driver when Defendant Owner knew or, in the exercise of reasonable care, should have known that Defendant Driver was an incompetent, inexperienced, unfit, or reckless operator likely to create an unreasonable risk of harm to others.

27. In the alternative, at the time of the Collision Defendant Driver was operating the vehicle within the course and scope of an agency or employment relationship with Defendant Owner, rendering Defendant Owner vicariously liable under the doctrine of respondeat superior.

28. Defendant Owner's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages, for which Defendant Owner is liable.

7. DAMAGES

29. As a direct and proximate result of Defendants' negligence, Plaintiff has suffered, and will continue to suffer, the following damages:

• Economic damages: past and future medical, hospital, surgical, rehabilitative, and related expenses; past lost wages; future lost earnings and impairment of earning capacity; and property damage to the bicycle, helmet, riding gear, and personal property.
• Non-economic damages: past and future physical pain and suffering; mental anguish; disfigurement, scarring, and permanent impairment; and loss of enjoyment of life.

30. Plaintiff's claim for non-economic damages satisfies — and/or is not subject to — the tort threshold of Ky. Rev. Stat. § 304.39-060, as set forth in the practice note below.

31. Punitive damages. Pursuant to Ky. Rev. Stat. § 411.184 and § 411.186, Plaintiff seeks an award of punitive damages to the extent the evidence establishes by clear and convincing proof that Defendant Driver acted with oppression, fraud, or malice, including gross negligence or a reckless disregard for the safety of others.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally to the extent permitted by law, as follows:

• A. For compensatory economic and non-economic damages in an amount exceeding the jurisdictional minimum of this Court, to be determined by the jury;
• B. For punitive damages as permitted by Ky. Rev. Stat. § 411.184 and § 411.186;
• C. For pre-judgment and post-judgment interest as allowed by law;
• D. For the costs of this action and reasonable attorney fees where permitted by law;
• E. For a trial by jury; and
• F. For such other and further relief, legal or equitable, to which Plaintiff may be entitled.

9. DEMAND FOR TRIAL BY JURY

Pursuant to Ky. Const. § 7 and CR 38, Plaintiff hereby demands a trial by jury on all issues so triable.

10. VERIFICATION

COMMONWEALTH OF KENTUCKY

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], after first being duly sworn, state that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

11. SIGNATURE AND SERVICE BLOCKS

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], KBA No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. KENTUCKY PRACTICE NOTES

• Statute of limitations. Use the two-year MVRA limitation for motor-vehicle tort claims (Ky. Rev. Stat. § 304.39-230(6)) — not the general one-year limitation in § 413.140 — because a motorist striking a bicyclist is a motor-vehicle accident. Confirm the accrual date and whether any PIP/BRB payment to the struck cyclist extends it.
• Three-foot passing. Ky. Rev. Stat. § 189.340(2)(a) (amended 2018) requires a motorist to give a cyclist at least three feet of clearance when passing; a close pass is core evidence of negligence and negligence per se. Document lane width, shoulder width, and the cyclist's position.
• Bicycle / no-fault interaction. A bicycle is not a "motor vehicle" under the MVRA; a cyclist struck by a motor vehicle is generally a covered "pedestrian" entitled to BRB and subject to the § 304.39-060 tort threshold. Confirm BRB eligibility/priority and tailor Paragraph 30.
• Comparative fault. Kentucky is a pure comparative-fault jurisdiction (§ 411.182); recovery is reduced, never barred, by Plaintiff's fault percentage. Be prepared for apportionment among parties and certain nonparties.
• Cyclist duties. Plead the cyclist's compliance with 601 KAR 14:020 (operation in the same manner as a motor vehicle; keep right with stated exceptions; lighting), and invoke the door-zone / hazard / narrow-lane exceptions.
• Pleading standard. Kentucky follows notice pleading under CR 8.01; allege the elements of each claim with supporting facts to survive a CR 12.02(f) motion.
• Punitive damages. Plead the factual basis for oppression, fraud, or malice; the clear-and-convincing standard of § 411.184 applies.
• Service of process. Service is governed by CR 4; serve a corporate defendant through its registered agent or the Secretary of State as authorized, and out-of-state defendants under the long-arm statute, Ky. Rev. Stat. § 454.210.

13. SOURCES AND REFERENCES

• Ky. Rev. Stat. § 304.39-230 (limitation of actions — MVRA) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816
• Ky. Rev. Stat. § 411.182 (pure comparative fault / apportionment) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
• Ky. Rev. Stat. § 189.340 (overtaking and passing; three-foot rule) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55052
• Ky. Rev. Stat. § 189.287 (Transportation Cabinet bicycle safety / equipment standards) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6363
• 601 KAR 14:020 (bicycle safety standards) — https://apps.legislature.ky.gov/law/kar/titles/601/014/020/
• Ky. Rev. Stat. § 189.010 (definitions — "vehicle")
• Ky. Rev. Stat. §§ 189.290, 189.380, 189.390 (careful driving; turning/signals; speed)
• Ky. Rev. Stat. § 304.39-060 (partial abolition of tort liability; tort threshold)
• Ky. Rev. Stat. § 446.070 (civil remedy for statutory violation)
• Ky. Rev. Stat. § 304.39-320, § 304.20-020 (UIM / UM coverage)
• Ky. Rev. Stat. § 411.184, § 411.186 (punitive damages)
• Kentucky Rules of Civil Procedure (CR 4, CR 8, CR 38) — https://www.kycourts.gov/

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