Bicycle Accident Complaint - Massachusetts

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — MASSACHUSETTS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Factual Allegations
5. Count I — Negligence (Against Defendant Operator)
6. Count II — Negligence Per Se / Statutory Violation (Safe Passing / Right-of-Way / Cyclist-Rights) (Against Defendant Operator)
7. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
8. Damages
9. Prayer for Relief
10. Jury Demand
11. Reservation of Rights
12. Signature and Certificate of Service
13. Massachusetts Practice Notes
14. Sources and References

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS

[COUNTY] COUNTY, ss.     [SUPERIOR COURT / DISTRICT COURT] DEPARTMENT

CIVIL ACTION NO. [____________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

AND JURY DEMAND

Now comes the Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, and complains of the Defendants as follows:

2. PARTIES

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

2. Defendant [OPERATOR NAME] ("Operator Defendant") is an individual residing at [ADDRESS] who, at all material times, operated the motor vehicle described below.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual residing at / a corporation or other entity with a principal place of business at] [ADDRESS] and, at all material times, owned, controlled, maintained, and/or entrusted the vehicle operated by Operator Defendant, and/or employed Operator Defendant.

3. JURISDICTION AND VENUE

4. This action arises under the common and statutory law of the Commonwealth of Massachusetts for personal injuries sustained when Plaintiff, a bicyclist, was struck by a motor vehicle in [CITY/TOWN], [COUNTY] County, Massachusetts, on [__/__/____].

5. This Court has subject-matter jurisdiction pursuant to M.G.L. c. 212 § 4 (Superior Court) [OR M.G.L. c. 218 § 19 (District Court), as appropriate to the amount in controversy], because the amount in controversy exceeds the jurisdictional minimum of this Court and the claims sound in tort.

6. This Court has personal jurisdiction over the Defendants because they reside in, transact business in, and/or committed a tortious act within the Commonwealth, including through the operation and ownership of a motor vehicle within Massachusetts. See M.G.L. c. 223A § 3.

7. Venue is proper in this county under M.G.L. c. 223 §§ 1 and 2 because the cause of action arose in this county and/or one or more parties resides or has a usual place of business herein.

4. GENERAL FACTUAL ALLEGATIONS

8. On [__/__/____] at approximately [TIME], Plaintiff was lawfully riding a bicycle [traveling [northbound / southbound / etc.] in the [travel lane / bike lane / on the right portion of the roadway] of [ROADWAY] / proceeding through the intersection of [ROADWAY] and [CROSS STREET]], in [CITY/TOWN], Massachusetts (the "Collision").

9. At the same time and place, Operator Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle], bearing Massachusetts registration no. [________], owned by Owner Defendant, traveling [northbound / southbound / etc.] on [ROADWAY].

10. Traffic, lighting, roadway, and weather conditions were [describe — e.g., clear, dry, daylight], and Plaintiff was operating the bicycle in a lawful, prudent, and careful manner with the right-of-way, including using such lights, signals, and lane position as Massachusetts law requires.

11. The Collision occurred when Operator Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle at a distance of less than four feet, striking or sideswiping Plaintiff (unsafe passing); turned right across Plaintiff's path after passing the bicycle (right hook); turned left across the path of Plaintiff's oncoming bicycle without yielding (left cross); opened a vehicle door into Plaintiff's path of travel (dooring); failed to keep a proper lookout for bicyclists; entered a marked bicycle lane occupied by Plaintiff; was distracted by a mobile device; was traveling at an unsafe speed], striking Plaintiff.

12. Although Plaintiff was plainly visible and was lawfully operating the bicycle with the right-of-way, Operator Defendant "looked but failed to see" Plaintiff, failed to slow or stop, and failed to keep a proper lookout for bicyclists lawfully using the roadway.

13. As a bicyclist, Plaintiff was wholly unprotected by any vehicle structure, occupant restraint, or crumple zone, and the force of being struck by Operator Defendant's vehicle [or its door] caused Plaintiff to be thrown from the bicycle and to suffer severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving / disfiguring lacerations, road rash, and permanent scarring].

14. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

15. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

5. COUNT I — NEGLIGENCE (Against Defendant Operator)

16. Plaintiff repeats and realleges Paragraphs 1 through 15 as if fully set forth herein.

17. Operator Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the motor-vehicle laws of the Commonwealth, to keep a proper lookout for bicyclists lawfully using the roadway, to overtake and pass Plaintiff's bicycle at a safe distance, to yield the right-of-way as required, and to refrain from conduct endangering others.

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

• Overtaking and passing Plaintiff's bicycle at an unsafe distance of less than four feet;
• Turning right or left across Plaintiff's path of travel without yielding the right-of-way;
• Opening a vehicle door into the path of Plaintiff's bicycle;
• Failing to keep a proper and careful lookout for bicyclists;
• Operating the vehicle at an excessive or unsafe speed for conditions;
• Failing to use due precaution for the safety of other travelers, including bicyclists;
• Driving while distracted or inattentive; and
• Failing to slow, stop, or take reasonable evasive action to avoid striking Plaintiff.

19. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages described below.

6. COUNT II — NEGLIGENCE PER SE / STATUTORY VIOLATION (SAFE PASSING / RIGHT-OF-WAY / CYCLIST-RIGHTS) (Against Defendant Operator)

20. Plaintiff repeats and realleges Paragraphs 1 through 19 as if fully set forth herein.

21. The motor-vehicle laws of the Commonwealth impose specific duties on Operator Defendant for the protection of bicyclists lawfully using the roadway, including, as applicable to the manner of the Collision:

• M.G.L. c. 90 § 14 — every operator shall use due precaution for the safety of other travelers; in passing a vulnerable user (including a bicyclist), the operator of a motor vehicle shall pass at a safe distance of not less than 4 feet and at a reasonable and proper speed; and no operator or occupant shall open a vehicle door into the path of any bicycle, scooter, or other traffic (the "dooring" prohibition);
• M.G.L. c. 89 § 2 — when overtaking and passing a vehicle (including a bicycle) traveling in the same direction, the driver shall pass at a safe distance to the left and shall not return to the right until safely clear of the overtaken vehicle, and the overtaking driver may use an adjacent lane or cross the centerline when safe to pass; and/or
• M.G.L. c. 90 § 17 — an operator shall not operate a vehicle at a rate of speed greater than is reasonable and proper.

22. Under M.G.L. c. 85 § 11B, every person operating a bicycle upon a way has the right to use the public ways of the Commonwealth and is subject to and protected by the traffic laws and regulations of the Commonwealth. Plaintiff was therefore entitled to the protections of the foregoing statutes and to the ordinary rules of the road governing right-of-way.

23. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those laws were designed to prevent.

24. Operator Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation is evidence of negligence under Massachusetts law and was a direct and proximate cause of Plaintiff's injuries and damages.

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

25. Plaintiff repeats and realleges Paragraphs 1 through 24 as if fully set forth herein.

26. Owner Defendant entrusted the subject vehicle to Operator Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Operator Defendant was an incompetent, inexperienced, reckless, or otherwise unfit operator.

27. In the alternative, at the time of the Collision Operator Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

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

8. DAMAGES

29. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Past and future medical expenses — emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care;
• Future medical and life care — anticipated surgeries, therapy, assistive devices, and long-term care, to be proven at trial;
• Lost wages and diminished earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Physical pain, suffering, and mental anguish — past and future;
• Permanent physical impairment and disfigurement, including disfiguring scarring;
• Loss of enjoyment of life; and
• Property damage to the bicycle, helmet, cycling apparel, electronics, and personal effects.

30. Plaintiff pleads each category of damage separately and in the alternative, in an amount to be determined by the trier of fact.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against the Defendants as follows:

• A. Compensatory damages in an amount to be determined by the trier of fact, in excess of the jurisdictional minimum of this Court;
• B. Pre-judgment and post-judgment interest as allowed by law, including M.G.L. c. 231 § 6B;
• C. Costs of this action; and
• D. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Pursuant to Mass. R. Civ. P. 38(b) and Article XV of the Massachusetts Declaration of Rights, Plaintiff demands a trial by jury on all issues so triable as of right.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add or substitute parties, to assert additional claims, and to conform the pleadings to the evidence as discovery proceeds. Plaintiff denies any comparative negligence and pleads that any negligence attributable to Plaintiff, if any, was not greater than the combined negligence of the Defendants and does not bar recovery under M.G.L. c. 231 § 85.

12. SIGNATURE AND CERTIFICATE OF SERVICE

Respectfully submitted,

[PLAINTIFF NAME], By Plaintiff's Attorney,

/s/ [________________________________]

[ATTORNEY NAME], Esq. (BBO No. [________])

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [___-___-____]

Email: [EMAIL]

Dated: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true copy of the foregoing COMPLAINT was served (or will be served together with the summons) upon the Defendant(s) at the address(es) listed above by [the method of service authorized by Mass. R. Civ. P. 4 / electronic service through the court's eFileMA system upon counsel of record].

/s/ [________________________________]

[ATTORNEY NAME], Esq.

13. MASSACHUSETTS PRACTICE NOTES

• Statute of limitations. A tort action for personal injury must be commenced within three years of accrual. M.G.L. c. 260 § 2A. Claims against public/governmental defendants require presentment under the Massachusetts Tort Claims Act, M.G.L. c. 258 § 4 (two-year presentment).
• Bicyclist generally outside no-fault — the key distinction. A bicycle is not a "motor vehicle," so a cyclist injured while riding is generally not a PIP claimant for the riding injury and generally not subject to the § 6D tort threshold (unlike a struck pedestrian, who is within PIP). Confirm whether any PIP reaches the cyclist and whether § 6D is implicated before relying on this distinction; medical bills often flow through health insurance and the liability/UM claims.
• Helmet non-use is inadmissible. M.G.L. c. 85 § 11B(2)(iv) bars a helmet violation from being used as evidence of contributory negligence in any civil action; there is no adult helmet mandate. Move in limine to exclude any helmet-non-use argument.
• Modified comparative negligence (51% bar). Under M.G.L. c. 231 § 85, the cyclist may recover if the cyclist's fault is not greater than the defendant's (50% or less), with damages reduced proportionally; recovery is barred at 51%. A plaintiff's traffic-law violation does not by itself bar recovery but is evidence of comparative fault.
• Safe-passing / cyclist-rights framework. M.G.L. c. 90 § 14 (vulnerable-user safe passing at not less than 4 feet; dooring prohibition) and c. 89 § 2 (safe passing of a same-direction vehicle, including a bicycle) are the central liability statutes, with c. 85 § 11B confirming the cyclist's right to use the public ways and subjecting the cyclist to (and protecting the cyclist under) the rules of the road. Obtain the police crash report and any citation.
• Joint and several liability. Massachusetts retains joint and several liability among concurrent tortfeasors, with contribution available under M.G.L. c. 231B.
• Forum. File in the Superior Court Department (M.G.L. c. 212 § 4) where damages are substantial; the District Court Department has concurrent civil jurisdiction subject to the statutory "reasonable likelihood" damages standard (M.G.L. c. 218 § 19). Service is governed by Mass. R. Civ. P. 4.

14. SOURCES AND REFERENCES

• Massachusetts General Laws — https://malegislature.gov/Laws/GeneralLaws
• M.G.L. c. 260 § 2A (three-year limitations) — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2A
• M.G.L. c. 231 § 85 (comparative negligence) — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter231/Section85
• M.G.L. c. 85 § 11B (bicycles; rights, duties, equipment; helmet non-use not evidence of contributory negligence) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter85/Section11B
• M.G.L. c. 89 § 2 (passing a vehicle traveling in the same direction; safe distance) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section2
• M.G.L. c. 90 § 14 (precautions for other travelers; passing a vulnerable user at not less than 4 feet; dooring) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section14
• M.G.L. c. 90 § 34M (PIP) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34M
• M.G.L. c. 175 § 113L (compulsory uninsured-motorist coverage)
• Massachusetts Civil Jury Instruction 3.01 (Motor Vehicle Negligence; Violation of Motor Vehicle Laws)
• Massachusetts Rules of Civil Procedure (Rules 4, 8, 38)

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