Bicycle Accident Complaint - Maine

BICYCLE ACCIDENT COMPLAINT — MAINE

Before filing: Keep only allegations supported by the collision record, identify the correct defendant, and check the claim's filing deadline. The general six-year period in 14 M.R.S. § 752 has exceptions: Maine Tort Claims Act claims generally require notice within 365 days under § 8107 and suit within two years under § 8110. File the separate Maine Civil Summary Sheet (CV-001) under Rule 5(h); a jury demand and fee must follow the Rule 38(b) scheduling order.

STATE OF MAINE — SUPERIOR COURT

[COUNTY] COUNTY

Docket No.: [TO BE ASSIGNED]

COMPLAINT AND JURY DEMAND

Parties, jurisdiction, and venue

1. Plaintiff [PLAINTIFF FULL NAME] resides at [ADDRESS], [COUNTY] County, Maine.

2. Defendant [DEFENDANT FULL NAME] is [PERSON / ENTITY TYPE] at [ADDRESS]. Defendant operated [VEHICLE YEAR, MAKE, MODEL] at the time of the collision.

3. This Court has jurisdiction under 4 M.R.S. § 105. Venue lies in [COUNTY] County under 14 M.R.S. § 501 because [A PARTY RESIDES HERE / THE COLLISION OCCURRED HERE].

Collision and injury

4. On [DATE] at approximately [TIME], Plaintiff rode a bicycle on [ROAD AND DIRECTION] in [CITY/TOWN], Maine. Defendant was traveling [ROAD, DIRECTION, AND LANE].

5. Plaintiff rode [DESCRIBE ROADWAY OR SHOULDER POSITION AND RELEVANT CONDITIONS]. Under 29-A M.R.S. § 2063(2), a slower bicyclist's duty to use the right portion of a roadway as far as practicable has safety and other exceptions, including turns and hazards. A bicyclist on a way has vehicle-operator rights and duties subject to § 2063(5)'s exceptions.

6. The collision occurred at [EXACT LOCATION] when [DESCRIBE VEHICLE MOVEMENTS, SIGNALS, ROAD CONDITIONS, AND POINT OF IMPACT].

7. Defendant failed to exercise reasonable care by [SPECIFIC FACTS: UNSAFE PASS / UNSAFE TURN / INATTENTION / FOLLOWING TOO CLOSELY / UNSAFE SPEED / OTHER SUPPORTED ACT]. This conduct caused the collision.

8. Defendant passed Plaintiff's bicycle while leaving less than three feet between the motor vehicle and bicycle, contrary to 29-A M.R.S. § 2070(1-A). That subsection makes a motor vehicle's collision with a person operating a bicycle prima facie evidence of a violation.

9. Defendant turned right near Plaintiff's bicycle when the turn could not be made with reasonable safety and without interfering with Plaintiff's safe and legal operation, contrary to 29-A M.R.S. § 2060(1-A).

10. Defendant turned left across Plaintiff's path when Plaintiff was so close as to be an immediate hazard and the turn could not be made with reasonable safety, contrary to 29-A M.R.S. § 2060(2), (2-A).

11. Defendant followed Plaintiff's bicycle more closely than was reasonable and prudent under the traffic and road conditions, contrary to 29-A M.R.S. § 2066(1).

12. Defendant drove at a speed that was not careful and prudent under the traffic, road, and other conditions, contrary to 29-A M.R.S. § 2074(1).

13. A proven safety-statute violation may be evidence of negligence; it does not itself constitute negligence per se. Deane v. Central Maine Power Co., 2024 ME 72, ¶ 35.

14. Plaintiff sustained [SPECIFIC INJURIES], received [TREATMENT], and suffered [MEDICAL EXPENSES / LOST EARNINGS / PAIN AND SUFFERING / BICYCLE DAMAGE / OTHER SUPPORTED LOSS].

Count I — Negligence

15. Plaintiff incorporates the preceding allegations.

16. Defendant owed Plaintiff reasonable care in operating the vehicle and breached that duty by the acts or omissions alleged above. The breach caused Plaintiff's injuries and damages.

Demand for relief

Plaintiff requests judgment for compensatory damages proved at trial, interest and costs allowed by law, and any further relief the Court determines proper. Plaintiff demands a jury trial on all issues triable of right by a jury under Maine R. Civ. P. 38.

Dated: [__/__/____]

________________________________________

[ATTORNEY NAME, MAINE BAR NUMBER / PLAINTIFF IF UNREPRESENTED]

[ADDRESS]

[EMAIL]

[TELEPHONE]

[Attorney for Plaintiff / Plaintiff, self-represented]