Bicycle Accident Complaint - Montana
MONTANA DISTRICT COURT COMPLAINT — BICYCLE COLLISION
[NUMBER] Judicial District Court, [COUNTY] County, Montana
| Party | Role |
|---|---|
| [PLAINTIFF FULL NAME] | Plaintiff |
| v. | |
| [DEFENDANT DRIVER FULL NAME] | Defendant |
Cause No.: [________________________________]
Complaint for Personal Injuries and Demand for Jury Trial
Plaintiff alleges as follows:
1. Parties and court
- Plaintiff [PLAINTIFF FULL NAME] resides in [COUNTY AND STATE]. Defendant [DEFENDANT DRIVER FULL NAME] resides in [COUNTY AND STATE].
- This civil action is within the District Court's original jurisdiction under Mont. Code Ann. § 3-5-302(1)(b).
- This Court has personal jurisdiction under Mont. R. Civ. P. 4(b)(1)(B) because Defendant's acts described below resulted in the accrual of this tort action in Montana.
- Venue lies in [COUNTY] County under Mont. Code Ann. § 25-2-122(1)(b), (2)(a), or (3)(a), as applicable, because the collision and alleged tort occurred there.
2. Collision and injuries
- On [__/__/____], at about [TIME], Plaintiff operated a bicycle on [ROAD AND DIRECTION OF TRAVEL] near [INTERSECTION OR LANDMARK] in [COUNTY] County, Montana.
- Defendant operated a [YEAR, MAKE, MODEL] motor vehicle at the same time and place. Road, traffic, and visibility conditions were [DESCRIBE]. Plaintiff's location and movement were [DESCRIBE].
- The collision occurred when Defendant [DESCRIBE THE ACTUAL MANEUVER, VEHICLE CONTACT, AND ANY EVASIVE ACTION].
- Plaintiff sustained [DESCRIBE INJURIES], received [TREATMENT], and incurred [MEDICAL EXPENSES, LOST INCOME, BICYCLE DAMAGE, AND OTHER PROVABLE LOSS].
3. Claim for relief — negligence
- Plaintiff incorporates paragraphs 1 through 8. Under Mont. Code Ann. § 27-1-701, Defendant was required to use ordinary care in managing Defendant's vehicle and conduct. A bicyclist has the roadway rights and duties stated in Mont. Code Ann. § 61-8-602, subject to that section's exceptions.
- Defendant failed to use ordinary care by [STATE THE SPECIFIC CONDUCT SUPPORTED BY THE FACTS, SUCH AS AN UNSAFE PASS, LEFT TURN, FAILURE TO YIELD, INATTENTION, OR EXCESSIVE SPEED].
- If Defendant crossed left of center to pass: Defendant did so when [DESCRIBE WHY THE LEFT SIDE WAS NOT CLEAR OR WHY THE PASS INTERFERED WITH SAFE OPERATION], contrary to Mont. Code Ann. § 61-8-325(1).
- If Defendant crossed a marked no-passing zone to pass the bicycle: The conditions for the bicycle exception in Mont. Code Ann. § 61-8-326(2)(b) were absent because [DESCRIBE THE BICYCLE'S SPEED, POSTED LIMIT, VEHICLE SPEED, OR SIGHT DISTANCE AS SUPPORTED BY EVIDENCE].
- If Defendant turned left at an intersection across Plaintiff's oncoming path: Plaintiff was [WITHIN THE INTERSECTION / CLOSE ENOUGH TO CONSTITUTE AN IMMEDIATE HAZARD], and Defendant failed to yield as required by Mont. Code Ann. § 61-8-340.
- Defendant's acts and omissions caused the collision and Plaintiff's injuries. Plaintiff seeks damages for past and future medical care, lost earnings or earning capacity, pain and suffering, physical impairment or disfigurement, and damage to the bicycle and other property, in amounts proved at trial.
- If comparative negligence is established, Plaintiff requests application of Mont. Code Ann. § 27-1-702. Plaintiff alleges that any negligence attributable to Plaintiff was not greater than Defendant's negligence; any reduction must reflect the percentage of Plaintiff's negligence found by the trier of fact.
4. Demand for relief
Plaintiff requests judgment against Defendant for compensatory damages proved at trial, costs and interest to the extent allowed by law, and other relief the Court finds proper on these allegations. Plaintiff makes no request for punitive damages in this initial pleading. Mont. Code Ann. § 27-1-221(5).
5. Jury demand
Under Mont. R. Civ. P. 38(b), Plaintiff demands a jury trial on every issue triable of right by a jury. Plaintiff will serve and file this written demand as Rule 38 requires.
Dated: [__/__/____]
___________________________________________
[ATTORNEY NAME], Montana Bar No. [________]
[LAW FIRM, IF ANY]
[ADDRESS]
[EMAIL]
[PHONE]
Attorney for Plaintiff
About this template
- Last updated
- October 15, 2026
- Citations checked
- October 15, 2026
- Jurisdiction
- Montana
- Category
- Personal Injury
Legal authority
- Mont. Code Ann. § 3-5-302(1)(b) (district court civil jurisdiction)
- Mont. Code Ann. § 25-2-122 (tort venue)
- Mont. Code Ann. § 27-1-701 (ordinary care)
- Mont. Code Ann. § 27-1-702 (comparative negligence)
- Mont. Code Ann. § 27-1-221(5) (initial pleading cannot request punitive damages)
- Mont. Code Ann. § 61-8-602 (bicyclist roadway rights and duties)
- Mont. Code Ann. § 61-8-325(1) (passing to the left of center)
- Mont. Code Ann. § 61-8-326(2)(b) (conditional bicycle exception in no-passing zone)
- Mont. Code Ann. § 61-8-340 (left-turn yield at intersection)
- Mont. R. Civ. P. 4(b)(1)(B) (Montana tort personal jurisdiction)
- Mont. R. Civ. P. 8(a) (claim for relief)
- Mont. R. Civ. P. 11(a) (signature and verification)
- Mont. R. Civ. P. 38(b) (jury demand)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 15, 2026.
Mont. Code Ann. § 3-5-302(1)(b) (checked October 15, 2026): "The district court has original jurisdiction in: (a) all criminal cases amounting to felony; (b) all civil and probate matters;"
Mont. Code Ann. § 25-2-122(1)(b) (checked October 15, 2026): "Except as provided in subsections (2) through (4), the proper place of trial for a tort action is: (a) the county in which the defendants or any of them reside at the commencement of the action; or (b) the county in which the tort was committed."
Mont. Code Ann. § 25-2-122(2)(a) (checked October 15, 2026): "Except as provided in subsection (4), if the defendant is a corporation incorporated in a state other than Montana, the proper place of trial for a tort action is: (a) the county in which the tort was committed;"
Mont. Code Ann. § 25-2-122(3)(a) (checked October 15, 2026): "Except as provided in subsection (4), if the defendant is a resident of a state other than Montana, the proper place of trial for a tort action is: (a) the county in which the tort was committed;"
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