Bicycle Accident Complaint

BICYCLE ACCIDENT COMPLAINT — NEBRASKA

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. Prayer for Relief
9. Jury Demand
10. Reservation of Rights and Preservation of Evidence
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. Nebraska Practice Notes
15. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

CASE NO. CI [____]-[________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

COMES NOW Plaintiff, by and through undersigned counsel, and for Plaintiff's causes of action against Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual who at all material times resided in [COUNTY] County, [Nebraska / State], and who 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 residing in [COUNTY / STATE] and may be served with process at [SERVICE ADDRESS] pursuant to Neb. Rev. Stat. § 25-505.01 and the Nebraska rules governing service of process.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / a limited liability company] that, at all material times, owned, controlled, maintained, and/or furnished 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 Nebraska tort law for personal injuries and property damage sustained in a motor-vehicle/bicycle collision occurring in [COUNTY] County, Nebraska, on [__/__/____].

5. This Court has subject-matter jurisdiction pursuant to Neb. Const. art. V, § 9 and Neb. Rev. Stat. § 24-302, as the District Court has general original jurisdiction over civil matters and the amount in controversy exceeds any applicable jurisdictional minimum.

6. Venue is proper in [COUNTY] County under Neb. Rev. Stat. § 25-403.01 because the Collision occurred in said county and/or one or more Defendants resides therein.

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], Nebraska (the "Collision").

8. 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.

9. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight], and Plaintiff's bicycle was equipped and operated with the lamps and reflectors required by law.

10. As a bicyclist lawfully using the roadway, Plaintiff was granted all of the rights, and was subject to all of the duties, applicable to the driver of a motor vehicle under the Nebraska Rules of the Road, pursuant to Neb. Rev. Stat. § 60-6,314.

11. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without leaving the required three feet of clearance and struck Plaintiff (unsafe pass / "3-foot" violation); turned right across Plaintiff's path immediately after passing ("right hook"); turned left across the path of Plaintiff's oncoming bicycle ("left cross"); failed to yield at an intersection, stop sign, or driveway; opened a vehicle door into Plaintiff's path of travel ("dooring"); or drove while distracted, speeding, or inattentive and struck Plaintiff from behind].

12. Although Plaintiff and the bicycle were plainly visible and Plaintiff was operating with the right-of-way, 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.

13. Plaintiff operated the bicycle in a lawful, prudent, and careful manner at all material times and complied with the duties applicable to bicyclists under Nebraska law.

14. As a direct and proximate result of the Collision, Plaintiff was violently struck and thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., traumatic brain injury, orthopedic fractures, spinal injury, internal injuries, road rash / degloving, dental injuries, and disfiguring scarring].

15. Because a bicyclist is wholly unprotected by the structural shell, occupant restraints, and crumple zones of an enclosed vehicle, the forces of the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by occupants of passenger vehicles.

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

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

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

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

19. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Nebraska rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, and to refrain from conduct endangering others.

20. 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 of clearance and without maintaining that clearance until safely past;
• Turning right across Plaintiff's path of travel immediately after passing (a "right hook");
• Turning left across the path of Plaintiff's oncoming bicycle (a "left cross") when it was unsafe to do so;
• Failing to yield the right-of-way to Plaintiff at an intersection, stop sign, driveway, or private road;
• Opening a vehicle door into the path of Plaintiff's bicycle without first ascertaining that it was safe to do so ("dooring");
• Misjudging the speed, position, and distance of Plaintiff's bicycle;
• Operating the vehicle at an excessive or unsafe speed for conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

21. 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.

22. 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)

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

24. The Nebraska 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 (who, under § 60-6,314, are granted the rights and subject to the duties of a motor-vehicle driver). These include, as applicable to the manner of the Collision:

• Neb. Rev. Stat. § 60-6,133(3) — the driver of a vehicle overtaking a bicycle proceeding in the same direction shall exercise due care, which shall include, but not be limited to, leaving a safe distance of no less than three feet of clearance, when applicable, when passing the bicycle, and shall maintain such clearance until safely past the overtaken bicycle;
• Neb. Rev. Stat. § 60-6,147 — 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 approaching so close as to constitute an immediate hazard;
• Neb. Rev. Stat. § 60-6,143 — duties governing right-of-way for vehicles approaching or entering an intersection;
• Neb. Rev. Stat. § 60-6,148 — a driver entering or crossing a highway from an alley, building, private road, or driveway shall yield to approaching traffic;
• Neb. Rev. Stat. § 60-6,140 — the duty not to follow another vehicle more closely than is reasonable and prudent; and
• Neb. Rev. Stat. § 60-6,185 — the duty to operate at a reasonable and prudent speed for conditions.

25. 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.

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

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

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

28. 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.

29. 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 course and scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

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

7. DAMAGES

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

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

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:

• A. Compensatory damages in a fair and reasonable amount to be determined by the trier of fact;
• B. Pre-judgment and post-judgment interest as allowed by law;
• C. Costs of this action; and
• D. Such other and further relief as the Court deems just and proper.

9. JURY DEMAND

Pursuant to Neb. Const. art. I, § 6 and Neb. Rev. Stat. § 25-1104, Plaintiff demands trial by jury on all issues so triable as a matter of right.

10. RESERVATION OF RIGHTS AND PRESERVATION OF EVIDENCE

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 places Defendants on notice to preserve all evidence relating to the Collision, including but not limited to the vehicle and bicycle, event-data-recorder ("black box") and telematics data, dashcam and surveillance video, photographs, electronic and cell-phone records, maintenance logs, and insurance communications. Failure to preserve such evidence may result in sanctions, adverse-inference instructions, or other remedies.

11. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted this [____] day of [MONTH], 20[____].

[LAW FIRM NAME]

By: /s/ [________________________________]

[ATTORNEY NAME], Neb. Bar No. [________]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

STATE OF NEBRASKA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My Commission Expires: [_______________]

13. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT was served upon the following by [summons and service of process under Neb. Rev. Stat. § 25-505.01 / the Court's electronic filing system]:

[NAME(S) AND ADDRESS(ES) OF DEFENDANT(S) / COUNSEL]

/s/ [________________________________]

[ATTORNEY NAME]

14. NEBRASKA PRACTICE NOTES

• Statute of limitations. Actions for personal injury (an injury to the rights of the plaintiff, not arising on contract) must be commenced within four years of accrual. Neb. Rev. Stat. § 25-207. Wrongful-death actions carry a separate two-year period (Neb. Rev. Stat. § 30-810). Claims against political subdivisions or the State trigger separate notice and limitation rules under the Political Subdivisions Tort Claims Act and State Tort Claims Act (relevant where the at-fault driver is a government employee or where a roadway-defect claim is contemplated).
• MODIFIED COMPARATIVE NEGLIGENCE — 50% BAR (equal-or-greater). Under Neb. Rev. Stat. § 25-21,185.09, the plaintiff's contributory negligence reduces recovery proportionately but completely bars recovery if the plaintiff's negligence is equal to or greater than the total negligence of all persons against whom recovery is sought. Practically, a 50/50 allocation bars the cyclist. The jury must be instructed on the effect of its allocation; failure to do so is reversible/plain error. Developing fault evidence to keep the cyclist below the defendant's share is essential.
• Bicyclist's rights and duties. Under Neb. Rev. Stat. § 60-6,314, every person riding a bicycle on a roadway is granted all the rights and is subject to all the duties applicable to the driver of a motor vehicle under the Nebraska Rules of the Road, except special bicycle regulations and provisions that by their nature cannot apply. Section 60-6,317 governs roadway position (ride as near to the right as practicable, with enumerated exceptions including overtaking, left turns, avoiding hazards, and substandard-width lanes; single-file on highways). Frame the cyclist as a lawful, equal roadway user, and be prepared to meet a comparative-fault defense on lane position and lighting.
• Three-foot safe-passing statute. Neb. Rev. Stat. § 60-6,133(3) requires a driver overtaking a bicycle to exercise due care, including leaving a safe distance of no less than three feet of clearance, when applicable, and maintaining it until safely past. This is the centerpiece of the negligence-per-se count for an unsafe-pass collision; confirm the right-of-way statutes for right-hook/left-cross/failure-to-yield mechanisms.
• Helmet non-use — no bicycle mandate. Nebraska has no statewide bicycle-helmet law (§ 60-6,279 is a motorcycle statute and does not reach bicyclists). Helmet non-use by an adult cyclist is generally not negligence per se and should not be treated as comparative fault on liability — a critical point under the 50% bar. If raised as to the head-injury component, move to exclude as irrelevant/prejudicial and retain medical/biomechanical experts to separate crash causation from injury causation. Check for any local helmet ordinance, particularly for a minor plaintiff.
• No punitive damages. Nebraska does not allow punitive damages; the Nebraska Constitution directs penalties and fines to the school fund. Do not plead punitive damages. Aggravating conduct (e.g., DUI, extreme speed) is relevant to liability and fault allocation only.
• UM/UIM and hit-and-run. Nebraska is a fault state. Cyclists are frequently struck by minimally insured, uninsured, or hit-and-run drivers, and medical costs commonly exceed liability limits. A cyclist's own auto UM/UIM coverage (and resident-relative household policies) generally applies to a cyclist struck by a motor vehicle, including hit-and-run/phantom-vehicle scenarios subject to policy and corroboration requirements. Promptly identify and notify all UM/UIM carriers, preserve those claims, and comply with consent-to-settle and subrogation procedures before resolving the liability claim.
• Court and procedure. The Nebraska District Court is the court of general original jurisdiction for personal-injury actions; the County Court has concurrent civil jurisdiction subject to a statutory amount limit (verify the current threshold). Pleadings follow Nebraska's notice-pleading rules; service is governed by Neb. Rev. Stat. § 25-505.01 et seq. Confirm county venue, the correct judicial district, and any local rules and e-filing requirements.

15. SOURCES AND REFERENCES

• Revised Statutes of Nebraska (Chapter 25 — Courts; Civil Procedure; Chapter 60 — Motor Vehicles) — https://nebraskalegislature.gov/laws/browse-chapters.php
• Neb. Rev. Stat. § 25-207 (four-year limitations) — https://nebraskalegislature.gov/laws/statutes.php?statute=25-207
• Neb. Rev. Stat. § 25-21,185.09 (comparative negligence) — https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09
• Neb. Rev. Stat. § 60-6,133 (overtaking and passing; three-foot clearance for bicycles) — https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,133
• Neb. Rev. Stat. § 60-6,314 (bicyclist's rights and duties); § 60-6,317 (bicycles on roadways) — https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,317
• Neb. Rev. Stat. § 60-6,147 (vehicle turning left; yield) — https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,147
• Neb. Rev. Stat. § 60-6,143 (intersection right-of-way); § 60-6,148 (entering highway); § 60-6,140 (following too closely); § 60-6,185 (basic speed)
• Nebraska Court Rules of Pleading in Civil Actions; service of process (§ 25-505.01)
• Nebraska Jury Instructions — Civil (Negligence; Comparative Negligence allocation)

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