Bicycle Accident Complaint - Maryland

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — MARYLAND

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Statute or Ordinance Rule (Safe Passing / Right-of-Way / Cyclist-Rights) (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. Signature and Service Blocks
11. Maryland Practice Notes
12. Sources and References

1. CAPTION

IN THE CIRCUIT COURT FOR [COUNTY NAME] COUNTY, MARYLAND

[or: IN THE CIRCUIT COURT FOR BALTIMORE CITY]

Case No. [________________________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, sues the Defendants and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual residing in [COUNTY] County, Maryland, who at all material times was lawfully operating a bicycle on the public roadways of this State.

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

3. Defendant [OWNER NAME] ("Defendant Owner") is [an adult individual residing in / a business entity organized under the laws of] [COUNTY / 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] / on its resident agent, [AGENT NAME], at [AGENT ADDRESS]].

4. This Court has subject-matter jurisdiction pursuant to Md. Code, Cts. & Jud. Proc. § 1-501, and the amount in controversy exceeds $30,000, exclusive of interest and costs, vesting jurisdiction in the Circuit Court.

5. Venue is proper in this Court under Md. Code, Cts. & Jud. Proc. § 6-201 and § 6-202 because the Collision occurred in, and/or a Defendant resides or carries on a regular business in, [COUNTY] County, Maryland.

3. GENERAL FACTUAL ALLEGATIONS

6. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully riding a [bicycle / make and type] [traveling [DIRECTION] in the [right-hand portion of the travel lane / bike lane / paved shoulder] of [ROADWAY] / proceeding through the intersection of [ROADWAY] and [CROSS-STREET]], in [MUNICIPALITY], [COUNTY] County, Maryland (the "Collision").

7. At all material times, Plaintiff was operating the bicycle in a lawful, prudent, and careful manner — [riding as near to the right side of the roadway as was practicable and safe in accordance with Md. Code, Transp. § 21-1205, or within an exception thereto / riding within a designated bike lane or shoulder / proceeding with a favorable traffic-control signal] — exercising due care and reasonable vigilance for Plaintiff's own safety, and had the right-of-way over Defendant Driver's vehicle.

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on [ROADWAY].

9. Defendant Driver negligently [DESCRIBE THE MANNER OF COLLISION — SELECT AS APPLICABLE — e.g., overtook and passed Plaintiff's bicycle at a distance of less than three feet, striking or sideswiping Plaintiff (unsafe passing / 3-foot violation); turned right across Plaintiff's path of travel after overtaking the bicycle (right hook); turned left across the path of Plaintiff's oncoming bicycle without yielding (left cross); failed to yield the right-of-way to Plaintiff lawfully riding in a bike lane or on the shoulder while entering or crossing it; opened a vehicle door into Plaintiff's path of travel (dooring); failed to keep a proper lookout for bicyclists; was traveling at an excessive or imprudent speed; was distracted by a mobile device], causing Defendant Driver's vehicle [or its door] to strike Plaintiff.

10. Although Plaintiff was plainly visible and lawfully operating the bicycle with the right-of-way, Defendant Driver "looked but failed to see" Plaintiff, misjudged Plaintiff's speed and position, failed to slow or stop, and failed to keep a proper lookout for bicyclists lawfully sharing the roadway.

11. The Collision was caused solely by Defendant Driver's failure to pass safely, yield to, and avoid striking Plaintiff. No negligence of Plaintiff caused or contributed to the Collision in any degree.

12. As a bicyclist, Plaintiff was wholly unprotected by any vehicle structure, restraint system, or crumple zone, and the force of being struck by Defendant Driver's vehicle caused Plaintiff to be thrown from the bicycle and to suffer catastrophic injuries far more severe than those typically sustained by a vehicle occupant.

13. The [Maryland State Police / [Local] Police Department / Sheriff's Office] investigated the Collision and [cited Defendant Driver for violation of Md. Code, Transp. § [SECTION] / determined Defendant Driver to be at fault].

14. As a direct and proximate result of the Collision, Plaintiff sustained serious and permanent bodily injuries, including [DESCRIBE INJURIES — e.g., traumatic brain injury, multiple fractures, spinal cord injury, internal organ damage, degloving and disfiguring lacerations, road rash and permanent scarring], requiring emergency transport to [HOSPITAL] and extensive subsequent medical care.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

15. Plaintiff realleges and incorporates Paragraphs 1 through 14 as though fully set forth herein.

16. Defendant Driver owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, including the duty to keep a proper lookout for bicyclists, to overtake and pass Plaintiff's bicycle at a safe distance of not less than three feet, to yield the right-of-way to Plaintiff as required, to maintain a reasonable and prudent speed, to exercise due care to avoid colliding with a bicyclist, and to operate the vehicle in accordance with Maryland law.

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

• Overtaking and passing Plaintiff's bicycle at an unsafe distance of less than three feet;
• Turning right or left across Plaintiff's path of travel without yielding the right-of-way;
• Failing to yield to Plaintiff lawfully riding in a bike lane or on the shoulder while entering or crossing it;
• 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 a speed greater than was reasonable and prudent under the conditions;
• Failing to exercise due care to avoid colliding with Plaintiff;
• Driving while distracted or inattentive;
• Failing to slow, stop, or take reasonable evasive action to avoid striking Plaintiff; and
• Otherwise failing to exercise the degree of care that an ordinarily prudent driver would have exercised under the same or similar circumstances.

18. Defendant Driver's negligence was the sole, direct, and proximate cause of the Collision and of Plaintiff's injuries and damages, and no negligence of Plaintiff contributed thereto.

19. As a direct and proximate result, Plaintiff has sustained the damages described in Section 7 below.

5. COUNT II — STATUTE OR ORDINANCE RULE (SAFE PASSING / RIGHT-OF-WAY / CYCLIST-RIGHTS) (Against Defendant Driver)

20. Plaintiff realleges and incorporates Paragraphs 1 through 19 as though fully set forth herein.

21. The Maryland Transportation Article imposes specific statutory duties on drivers for the protection of bicyclists lawfully using the public highways, including, as applicable to the manner of the Collision:

• Md. Code, Transp. § 21-1209(a)(2) — when overtaking a bicycle, the driver of a vehicle shall pass safely at a distance of not less than three feet (subject to the statute's narrow exceptions);
• Md. Code, Transp. § 21-1209(a)(1) — the driver of a vehicle shall exercise due care to avoid colliding with any bicycle being ridden by a person;
• Md. Code, Transp. § 21-1209(c) — a person may not open the door of a motor vehicle with intent to strike, injure, or interfere with a person riding a bicycle (the "dooring" prohibition);
• Md. Code, Transp. § 21-1209(d) — unless otherwise specified, the driver of a vehicle shall yield the right-of-way to a person lawfully riding a bicycle in a designated bike lane or shoulder when the driver is about to enter or cross the bike lane or shoulder; and/or
• Md. Code, Transp. § 21-801 / § 21-801.1 — a driver shall not operate a vehicle at a speed greater than is reasonable and prudent, or exceeding the posted limit.

22. Under Md. Code, Transp. § 21-1202, a person operating a bicycle on a public roadway has all of the rights granted to, and is subject to all of the duties required of, the driver of a vehicle. Plaintiff was therefore entitled to the protections of the foregoing statutes and to the ordinary rules of the road governing right-of-way.

23. These statutes were enacted for the protection of a class of persons that includes Plaintiff — bicyclists lawfully using the public highways — against the type of harm Plaintiff suffered.

24. Defendant Driver violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes evidence of negligence under Maryland's Statute or Ordinance Rule, not negligence per se, and was 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, pharmaceutical, and related expenses; future medical and life-care costs; past lost wages; and future lost earnings and diminished earning capacity.
• Non-economic damages: past and future physical pain and suffering; mental anguish; permanent physical impairment; disfigurement and scarring; and loss of enjoyment of life.
• Property damage: to the bicycle, helmet, cycling apparel, electronics, and personal effects, including loss of use and diminution in value.

30. Punitive damages. To the extent the evidence establishes that Defendant Driver acted with "actual malice," Plaintiff seeks punitive damages consistent with Maryland law, which requires actual malice proven by clear and convincing evidence. See Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992).

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 in excess of $75,000, to be determined by the jury;
• B. For punitive damages as permitted by Maryland law;
• C. For pre-judgment and post-judgment interest as allowed by law;
• D. For the costs of this action; and
• E. For such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Md. Rule 2-325 and Article 23 of the Maryland Declaration of Rights.

10. SIGNATURE AND SERVICE BLOCKS

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], CPF No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

11. MARYLAND PRACTICE NOTES

• Contributory negligence (dispositive). Because Maryland bars recovery for ANY plaintiff fault, the single most important issue in a Maryland bicycle case is establishing that the cyclist was free from fault and lawfully positioned on the roadway. Affirmatively plead Plaintiff's due care (¶¶ 7, 11, 18), anticipate the contributory-negligence defense (Md. Rule 2-323(g)), and prepare a last-clear-chance argument. Scrutinize any allegation that the cyclist failed to ride to the right (Transp. § 21-1205), ran a signal, swerved, rode against traffic, or rode unlit at night.
• Statute of limitations. A civil action for personal injury must be filed within three years of accrual under Md. Code, Cts. & Jud. Proc. § 5-101. Confirm accrual (discovery rule) and any tolling for minority/incapacity.
• Safe-passing / cyclist-rights framework. Transp. § 21-1209(a)(2) requires a driver overtaking a bicycle to pass at not less than three feet; § 21-1209(a)(1) imposes an overriding duty of due care; § 21-1209(c) prohibits dooring; and § 21-1209(d) requires a driver entering or crossing a bike lane or shoulder to yield to a lawful bicyclist. Section 21-1202 confers on the cyclist the rights and duties of a vehicle driver, anchoring the right-of-way and negligence-per-se theories.
• Helmet non-use. Maryland's helmet mandate reaches only riders under 16 (Transp. § 21-1207.1). For an adult, helmet non-use generally should not be admissible as contributory negligence or to reduce damages; move in limine to exclude it and verify current authority. Where the rider was helmeted, emphasize it.
• Pleading standard. Maryland requires a complaint to contain a clear statement of the facts necessary to constitute a cause of action (Md. Rule 2-305); plead each element with supporting facts and conform the ad damnum to Rule 2-305.
• Punitive damages. Recoverable only on clear and convincing proof of actual malice (Owens-Illinois v. Zenobia); not available for ordinary negligence.
• Service of process. Service is governed by Md. Rule 2-121; serve an entity's resident agent or as authorized, and out-of-state defendants under the long-arm statute, Md. Code, Cts. & Jud. Proc. § 6-103.
• Jury demand. A jury demand must be filed within the time set by Md. Rule 2-325 (generally within 15 days after service of the last pleading directed to the issue) or it is waived; the demand in this Complaint preserves the right.

12. SOURCES AND REFERENCES

• Md. Code, Cts. & Jud. Proc. § 5-101 (three-year limitations) — https://mgaleg.maryland.gov/
• Md. Code, Cts. & Jud. Proc. § 1-501 (Circuit Court jurisdiction); § 6-201, § 6-202 (venue)
• Md. Code, Transp. § 21-1202 (bicyclist's rights and duties of a vehicle driver) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1202
• Md. Code, Transp. § 21-1205, § 21-1205.1 (riding to right side; bike lane / shoulder)
• Md. Code, Transp. § 21-1209 (overtaking a bicycle — 3-foot passing; due care; dooring; yield to bicyclist in bike lane/shoulder) — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1209
• Md. Code, Transp. § 21-1207.1 (helmet requirement for riders under 16)
• Md. Code, Transp. § 21-801, § 21-801.1 (speed)
• Md. Code, Ins. § 19-505 (PIP); § 19-509, § 19-511 (uninsured/underinsured motorist)
• Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) (reaffirming contributory negligence)
• Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992) (actual-malice standard for punitive damages)
• Maryland Rules, Title 2 (Civil Procedure — Circuit Court) — https://www.courts.state.md.us/

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