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 — Statutory Violation as Evidence of Negligence (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 under [M.G.L. c. 212 § 3 (Superior Court): there is no reasonable likelihood that Plaintiff’s recovery will be $50,000 or less, exclusive of interest and costs / M.G.L. c. 218 § 19 (District Court): there is no reasonable likelihood that Plaintiff’s recovery will exceed $50,000], under the Supreme Judicial Court’s order effective January 1, 2020. [STATE FACTS SUPPORTING THE SELECTED FORUM.]

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 under M.G.L. c. 223 § 1 because [IDENTIFY A PARTY WHO LIVES OR HAS A USUAL PLACE OF BUSINESS IN THIS COUNTY, OR STATE THE APPLICABLE NONRESIDENT GROUND]. If filed in District Court, the selected judicial district also satisfies § 2 because [IDENTIFY A PARTY'S RESIDENCE OR USUAL PLACE OF BUSINESS IN THIS OR AN ADJOINING DISTRICT, OR ANOTHER APPLICABLE § 2 GROUND].

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 — STATUTORY VIOLATION AS EVIDENCE OF NEGLIGENCE (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 — in passing a vulnerable user (including a bicyclist), the motorist shall leave at least 4 feet at a reasonable and proper speed; a person may open a motor-vehicle door only when reasonably safe without interfering with other traffic, including bicyclists and pedestrians;
• M.G.L. c. 89 § 2 — a driver passing another vehicle in the same direction must keep a safe distance to its left and return right only when safely clear; if a vulnerable user cannot be passed safely within the same lane, the overtaking driver must use an adjacent lane or cross the centerline if necessary, when safe and within the speed limit; 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 with actual knowledge that Operator Defendant was incompetent or unfit to drive it. The driver's incompetence or unfitness caused Plaintiff's injuries as alleged below.

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, consistent with the selected court’s money-damages amount requirement;
• B. Prejudgment interest under M.G.L. c. 231, § 6B, and postjudgment interest under M.G.L. c. 235, § 8, as applicable;
• 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

Complete this certificate after initial service. I certify that on [__/__/____], the summons and a copy of the Complaint were served together on each Defendant by [SHERIFF / DEPUTY SHERIFF / SPECIAL SHERIFF / OTHER PERSON AUTHORIZED UNDER MASS. R. CIV. P. 4(c)], as shown by the attached return of service. Rule 4(j) generally requires service within 90 days after filing, absent good cause. eFileMA service on counsel does not replace initial process.

/s/ [________________________________]

[ATTORNEY NAME], Esq.

13. MASSACHUSETTS PRACTICE NOTES

• Statute of limitations. A motor-vehicle bodily-injury action covered by M.G.L. c. 260 § 4 must be commenced within three years after accrual; § 2A supplies the general tort period except as otherwise provided. For a damages claim within the Massachusetts Tort Claims Act against a public employer, M.G.L. c. 258 § 4 generally requires written presentment within two years after accrual; check the section’s exceptions and recipient rule.
• Bicyclist and PIP. For PIP, c. 90 § 34A defines a pedestrian to include a person operating a bicycle. When a motor vehicle strikes the cyclist, assess PIP under §§ 34A and 34M and the c. 231 § 6D pain-and-suffering threshold; do not use the bicycle's lack of motor power as a coverage exclusion.
• Filing attachments. Superior Court Rule 29 requires a signed Civil Action Cover Sheet and a statement as to damages when appropriate; serve the cover sheet with the complaint. District Court money-damages cases require the court's Statement of Damages form with the initial pleading.
• Helmet evidence depends on the rider’s age. M.G.L. c. 85 § 11B(2)(iv) bars a violation of the helmet mandate for riders 16 or younger from being used as evidence of contributory negligence. Section 11B has no adult helmet mandate; evaluate adult helmet evidence under other applicable law and the facts.
• 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 combined fault of the defendants against whom recovery is sought (50% or less), with damages reduced proportionally; recovery is barred when the cyclist's fault is greater. 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 requires vulnerable-user passing at not less than 4 feet and regulates opening a motor-vehicle door. Chapter 89 § 2 requires an adjacent lane or safe centerline crossing when a vulnerable user cannot be passed safely within the same lane. Chapter 85 § 11B confirms the cyclist's right to use the public ways and applies traffic rules to the cyclist. Obtain the police crash report and any citation.
• Contribution among jointly liable defendants. M.G.L. c. 231B, § 1 provides a contribution route when two or more persons are jointly liable in tort for the same injury. Determine each defendant’s actual liability before relying on that route.
• Forum. Select Superior Court under M.G.L. c. 212 § 3 when there is no reasonable likelihood of recovery of $50,000 or less; select District Court under M.G.L. c. 218 § 19 when there is no reasonable likelihood of recovery exceeding $50,000. The current amount comes from the Supreme Judicial Court’s order effective January 1, 2020. 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 § 4 (motor-vehicle bodily-injury limitation) — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section4; § 2A (general tort period)
• 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 rule for riders 16 or younger) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter85/Section11B
• M.G.L. c. 89 § 2 (safe passing of vehicles and vulnerable users; adjacent-lane rule) — 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. 90 § 34A (PIP definition of pedestrian) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section34A
• Superior Court Rule 29 (Civil Action Cover Sheet and damages statement) — https://www.mass.gov/superior-court-rules/superior-court-rule-29-cover-sheet-statement-as-to-damages
• District Court Statement of Damages form — https://www.mass.gov/lists/court-forms-for-civil-matters
• M.G.L. c. 175 § 113L (compulsory uninsured-motorist coverage)
• Massachusetts Superior Court Model Civil Jury Instructions, Motor Vehicle Claims (2021)
• Massachusetts Rules of Civil Procedure (Rules 4 and 38)

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