Bicycle Accident Complaint - North Dakota

BICYCLE ACCIDENT COMPLAINT — NORTH DAKOTA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Damages
8. No-Fault Threshold and Comparative-Fault Reservation
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. North Dakota Practice Notes
15. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NORTH DAKOTA

[________] JUDICIAL DISTRICT

CIVIL NO. [________________________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

DEMAND FOR JURY TRIAL

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual resident of [COUNTY] County, North Dakota, and at all material times was lawfully operating a bicycle on the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an individual resident of [COUNTY / STATE] and may be served with process pursuant to N.D.R.Civ.P. 4 at [SERVICE ADDRESS].

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This action arises under North Dakota tort law for personal injuries and property damage sustained when a motor vehicle struck Plaintiff, a bicyclist, in [COUNTY] County, North Dakota, on [__/__/____].

5. This Court has subject-matter jurisdiction under N.D. Const. art. VI, § 8 and N.D. Cent. Code § 27-05-06.

6. Venue is proper in this county under N.D. Cent. Code § 28-04-05 because one or more Defendants resides here. If no Defendant resides in North Dakota, venue also may lie in the county where Plaintiff resides or where the cause of action arose.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [northbound / southbound / etc.] on [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILE MARKER], in [CITY / TOWNSHIP], North Dakota (the "Collision").

8. Plaintiff was riding in a lawful and prudent manner — [as near to the right side of the roadway as practicable / within a marked bicycle lane / lawfully occupying the lane where conditions required] — and, to the extent the Collision occurred at nighttime, Plaintiff's bicycle was equipped with a lighted front lamp and rear reflector as required by N.D. Cent. Code § 39-10.1-07.

9. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant.

10. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight].

11. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without leaving a safe distance of at least three feet and sideswiped or struck Plaintiff ("unsafe pass"); turned right across Plaintiff's path of travel ("right hook"); turned left across the path of Plaintiff's oncoming bicycle ("left cross"); opened a parked vehicle's door into Plaintiff's path ("dooring"); failed to yield the right-of-way at the intersection; followed Plaintiff's bicycle too closely and struck it from the rear; pulled out from a private drive or side street into Plaintiff's path].

12. Although Plaintiff and Plaintiff's bicycle were plainly visible, Driver Defendant "looked but failed to see" Plaintiff, misjudged Plaintiff's speed, position, and distance, and/or failed to keep a proper lookout for bicyclists lawfully sharing the roadway. Plaintiff had the right-of-way and was operating the bicycle in a lawful, prudent, and careful manner at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

13. As a direct and proximate result of the Collision, Plaintiff — an unprotected road user exposed to the full mass and force of a motor vehicle — was thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash / degloving, and disfiguring scarring].

14. Because a bicyclist has no enclosure, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of enclosed vehicles.

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

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

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

17. Plaintiff realleges and incorporates Paragraphs 1 through 16 as if fully set forth herein.

18. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the North Dakota rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicyclist only at a safe distance, and to refrain from conduct endangering others.

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

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Overtaking and passing Plaintiff's bicycle without leaving a safe distance of at least three feet and without maintaining clearance until safely past;
• Turning right across the path of Plaintiff's bicycle ("right hook") when it was unsafe to do so;
• Turning left across the path of Plaintiff's oncoming bicycle ("left cross") when it was unsafe to do so;
• Opening, or causing to be opened, a vehicle door into the path of Plaintiff's bicycle when it was unsafe to do so ("dooring");
• Failing to yield the right-of-way to Plaintiff;
• Following Plaintiff's bicycle more closely than was reasonable and prudent;
• Operating the vehicle at an excessive or unsafe speed for conditions;
• Driving while distracted, inattentive, or impaired; and
• Failing to maintain proper control of the vehicle.

20. 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.

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

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

22. Plaintiff realleges and incorporates Paragraphs 1 through 21 as if fully set forth herein.

23. The North Dakota rules of the road impose specific statutory duties on Driver Defendant for the protection of persons lawfully using the roadway, including bicyclists such as Plaintiff. By statute (N.D. Cent. Code § 39-10.1-02), a person riding a bicycle on a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle. The duties applicable here include, as relevant to the manner of the Collision:

• N.D. Cent. Code § 39-10-11.1 — a driver overtaking and passing a bicycle proceeding in the same direction shall leave a safe distance, defined as no less than three feet of clearance, and shall maintain that clearance until safely clear of the overtaken bicycle;
• N.D. Cent. Code § 39-10-24 — a driver intending to turn left within an intersection, or into an alley, private road, or driveway, shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard;
• N.D. Cent. Code § 39-10-22 — duties of vehicles approaching or entering an intersection, including the duty of the driver on the left to yield to the vehicle on the right;
• N.D. Cent. Code § 39-10-21 — duties on entering a through highway or a stop or yield intersection;
• N.D. Cent. Code § 39-10-18 — a driver shall not follow another vehicle more closely than is reasonable and prudent; and
• N.D. Cent. Code § 39-10-08 — duties governing driving on the right side of the roadway and lane usage.

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

25. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes negligence per se under North Dakota law, and was a direct and proximate cause of Plaintiff's injuries and damages.

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

26. Plaintiff realleges and incorporates Paragraphs 1 through 25 as if fully set forth herein.

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

28. Alternatively, at the time of the Collision, Driver 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.

29. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

7. DAMAGES

30. 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, prosthetics, 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 scarring from road rash and surgical intervention;
• Loss of enjoyment of life; and
• Property damage to the bicycle, cycling gear, helmet, electronics, and personal effects, including loss of use and diminution in value.

31. Plaintiff pleads each category of damage separately and in the alternative.

8. NO-FAULT THRESHOLD AND COMPARATIVE-FAULT RESERVATION

33. Plaintiff has sustained a "serious injury" within the meaning of North Dakota's Auto Accident Reparations Act, N.D. Cent. Code ch. 26.1-41, including [one or more of: medical expenses exceeding the statutory threshold / a bone fracture / permanent and serious disfigurement / permanent disability or impairment / death], thereby permitting this tort action for noneconomic loss notwithstanding the no-fault scheme.

34. Any basic no-fault benefits Plaintiff has received or will receive are subject to offset only as allowed by N.D. Cent. Code ch. 26.1-41.

35. Plaintiff denies any comparative fault. Pursuant to N.D. Cent. Code § 32-03.2-02, Plaintiff pleads in the alternative that any fault attributable to Plaintiff was not "as great as the combined fault" of all other persons who contributed to the injury, such that recovery is not barred and any damages should be diminished only in proportion to Plaintiff's proven fault, if any.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants as follows:

• A. General and special compensatory damages in an amount to be proven at trial, exceeding the jurisdictional minimum of this Court;
• B. Pre-judgment and post-judgment interest as allowed by law;
• C. Costs, disbursements, and reasonable attorney fees where recoverable; and
• D. Such other and further relief as the Court deems just and equitable.

10. DEMAND FOR TRIAL BY JURY

Pursuant to N.D. Const. art. I, § 13 and N.D.R.Civ.P. 38, Plaintiff hereby demands a trial by jury on all issues so triable.

11. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [MONTH], 20[____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME] (ND Bar No. [________])

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, ND ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of North Dakota that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]

[PLAINTIFF NAME], Plaintiff

13. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I served (or will cause to be served with the summons) a copy of the foregoing COMPLAINT upon Defendants pursuant to N.D.R.Civ.P. 4 by [personal service / process server / certified mail, return receipt requested], addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. NORTH DAKOTA PRACTICE NOTES

• Statute of limitations. Section 28-01-16(5) gives six years after accrual only to a noncontract injury claim when not otherwise expressly provided. Classify every claim, defendant, and accrual rule; wrongful death, malpractice, intentional torts, government claims, UCC warranty, and other categories may use different provisions. The section itself states discovery accrual only for fraud in subsection (6).
• Modified comparative fault (50%/"as great as" bar). Under N.D. Cent. Code § 32-03.2-02, the plaintiff's contributory fault bars recovery only if it was "as great as the combined fault" of all others who contributed to the injury; otherwise damages are reduced in proportion to the plaintiff's fault. A plaintiff who is exactly 50% at fault recovers nothing. Liability is several except for persons who act in concert in committing a tortious act or aid, encourage, ratify, or adopt it for their benefit. For a qualifying two-person motor-vehicle property claim within § 32-03.2-02.1's dollar and greater-than-50-percent predicates, ordinary fault reduction does not apply to the covered property damages. The defense will probe lane position, conspicuity, lighting, signal phase, and any "darting out."
• No-fault threshold. North Dakota is a no-fault state under the Auto Accident Reparations Act, ch. 26.1-41. A tort action for noneconomic loss requires meeting the serious-injury threshold; importantly, a bone fracture independently qualifies, as do permanent serious disfigurement, permanent disability/impairment, death, or medical expenses exceeding the statutory amount. Bicycle crashes commonly satisfy this threshold. Plead the qualifying injury (see ¶ 33).
• The cyclist's rights and duties. N.D. Cent. Code § 39-10.1-02 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a vehicle driver. Reciprocal cyclist duties include riding as near to the right as practicable (§ 39-10.1-05), nighttime lighting (§ 39-10.1-07), and yielding at stop signs (§ 39-10.1-05.1). A violation of these duties supplies the defense's comparative-fault theory.
• Safe passing — three feet. N.D. Cent. Code § 39-10-11.1 requires a driver overtaking and passing a bicycle to leave a "safe distance," defined as no less than three feet of clearance, maintained until safely clear. This is a clean negligence-per-se predicate for an unsafe pass. (Note: the bicyclist-rights provisions are in chapter 39-10.1, while the overtaking duty falls in chapter 39-10; cite the correct chapter for each duty.)
• Helmet non-use generally irrelevant. North Dakota has no statewide adult bicycle-helmet requirement (the only mandate is for under-18 operators of a class 3 electric bicycle, § 39-10.1-09(7)). For adult cyclists, helmet non-use is generally irrelevant to fault; anticipate a defense failure-to-mitigate argument on head injuries and verify the current evidentiary framework.
• Punitive damages. Exemplary damages may not be requested in the initial complaint. Section 32-03.2-11(1) requires a supported post-filing motion and court permission to amend; recovery at trial requires clear and convincing evidence of oppression, fraud, or malice.
• UM/UIM and hit-and-run. North Dakota requires uninsured-motorist coverage and offers underinsured-motorist coverage. A bicyclist struck by a motor vehicle may recover under their own auto UM/UIM coverage — and under a resident relative's policy — because cyclists are typically "insureds"; UM also responds to a hit-and-run / phantom vehicle. Promptly identify and notify every applicable carrier, preserve those claims, and comply with consent-to-settle / subrogation procedures before resolving the liability claim.
• Service. Service is governed by N.D.R.Civ.P. 4; out-of-state defendants may be served under the long-arm provisions of Rule 4(b).

15. SOURCES AND REFERENCES

• North Dakota Century Code (Title 28 — Judicial Procedure, Civil; Title 32 — Judicial Remedies; Title 39 — Motor Vehicles) — https://www.legis.nd.gov/general-information/north-dakota-century-code
• N.D. Cent. Code § 28-01-16(5) (six-year limitations)
• N.D. Cent. Code § 32-03.2-02 (modified comparative fault) — https://ndlegis.gov/cencode/t32c03-2.pdf
• N.D. Cent. Code ch. 26.1-41 (Auto Accident Reparations Act — no-fault)
• N.D. Cent. Code § 39-10-11.1 (overtaking and passing a bicycle — three feet) — https://codes.findlaw.com/nd/title-39-motor-vehicles/nd-cent-code-sect-39-10-11-1/
• N.D. Cent. Code §§ 39-10-08, 39-10-18, 39-10-21, 39-10-22, 39-10-24 (rules of the road)
• N.D. Cent. Code ch. 39-10.1, § 39-10.1-02 (bicyclists; rights and duties) — https://ndlegis.gov/cencode/t39c10-1.pdf
• North Dakota Rules of Civil Procedure (Rules 4, 8, 38)
• North Dakota Pattern Jury Instructions — Civil (Motor Vehicle; Comparative Fault)

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