Bicycle Accident Complaint - Nebraska

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

Case No. [________________]

BICYCLE ACCIDENT COMPLAINT AND JURY DEMAND

Plaintiff alleges against Defendant as follows:

Parties, jurisdiction, and venue

1. Plaintiff is [name and residence]. Defendant is [name and residence]. Defendant may be served at [address].
2. This Court has subject matter jurisdiction under Neb. Rev. Stat. § 24-302, except as otherwise provided by law. Plaintiff seeks damages for the collision described below.
3. This action is not one mentioned in Neb. Rev. Stat. §§ 25-401 to 25-403. Venue is proper in this county under § 25-403.01 because [state facts supporting one applicable basis: a defendant resides here; the cause arose here; part of the transaction giving rise to the cause occurred here; or all defendants are nonresidents of Nebraska].

Collision and injury

4. On [date] at [time], Plaintiff rode a bicycle at [specific road or path and location]. Defendant operated a [vehicle description] at that location. Their directions, lanes or positions, speed, lighting, visibility, and traffic controls were [facts].
5. Plaintiff was riding [on the roadway / on a sidewalk / through a crosswalk]. Plaintiff's position, signals, and conduct were [facts]. If roadway position matters, describe Plaintiff's speed relative to traffic, the practicable edge position, and any applicable § 60-6,317(1)(a) exception: [facts]. If sidewalk or crosswalk use matters, describe the pedestrian duties and right-of-way facts under § 60-6,317(4): [facts]. A bicyclist on a highway has the rights and duties stated in § 60-6,314(1), subject to its exceptions.
6. Defendant [describe the passing, turn, lane movement, speed, or other supported act or omission] and struck Plaintiff at [point of impact].
7. Passing allegation, if applicable: Defendant overtook Plaintiff's bicycle traveling in the same direction and failed to use due care or to maintain the clearance required, when applicable, by Neb. Rev. Stat. § 60-6,133(3) because [specific clearance and passing facts]. [If there was no such pass, omit this paragraph and renumber.]
8. Left-turn allegation, if applicable: Defendant intended to turn left [within an intersection / into an alley, private road, or driveway]. Plaintiff approached from the opposite direction and [was within the intersection / was so close as to constitute an immediate hazard]. Defendant failed to yield under § 60-6,147 because [facts]. [If there was no such turn, omit this paragraph and renumber.]
9. The collision caused Plaintiff [identify injuries and treatment] and caused [bicycle or equipment damage, medical expense, income loss, and other supported loss]. Any claimed future care or earning loss is supported by [facts].

Claim for negligence

10. Plaintiff alleges that Defendant negligently operated the vehicle through the acts and omissions stated above and that those acts and omissions caused Plaintiff's injuries and resulting damages. Plaintiff seeks compensation for [specify supported categories].
11. Plaintiff [denies contributory negligence / alleges the following relevant facts concerning Plaintiff's conduct]. If contributory negligence is established and is a defense to this claim, Neb. Rev. Stat. § 25-21,185.09 governs the effect on recovery: damages attributable to it are diminished proportionately, and recovery is barred if Plaintiff's contributory negligence equals or exceeds the total negligence of all persons against whom recovery is sought.

Request for relief

Plaintiff requests judgment against Defendant for compensatory damages in an amount proved at trial, interest and taxable costs as allowed by law, and further relief the Court finds appropriate.

Plaintiff demands trial by jury on issues triable by jury.

Dated: [__/__/____]

[ATTORNEY NAME], Nebraska Bar No. [NUMBER]
[Law firm, address, telephone, and email]
Attorney for Plaintiff

Signature: ______________________________