Bicycle Accident Complaint - New Hampshire

BICYCLE ACCIDENT COMPLAINT — NEW HAMPSHIRE

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. Comparative Fault, Helmet, and Insurance Allegations
9. Prayer for Relief
10. Jury Demand
11. Reservation of Rights and Preservation of Evidence
12. Signature Block
13. Verification
14. Certificate of Service
15. New Hampshire Practice Notes
16. Sources and References

1. CAPTION

THE STATE OF NEW HAMPSHIRE

[COUNTY] COUNTY SUPERIOR COURT

DOCKET NO. [________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

NOW COMES Plaintiff, by and through undersigned counsel, and complains against Defendants as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual residing at [ADDRESS], [TOWN/CITY], [COUNTY] County, New Hampshire, and at all material times was lawfully operating a bicycle upon the public ways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an adult individual residing at [SERVICE ADDRESS] who, at all material times, operated a motor vehicle in New Hampshire.

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 New Hampshire tort law for personal injuries and property damage sustained when a motor vehicle struck Plaintiff, a bicyclist, in [TOWN/CITY], [COUNTY] County, New Hampshire, on [__/__/____].

5. This Court has subject-matter jurisdiction pursuant to RSA 491:7, as the Superior Court has general jurisdiction over civil actions at law, and the amount in controversy exceeds the jurisdictional threshold of this Court.

6. This Court has personal jurisdiction over the Defendants because the Defendants committed tortious acts within New Hampshire and/or maintain sufficient contacts with this State.

7. Venue is proper in [COUNTY] County under RSA 507:9 because [Plaintiff / Defendant] is a New Hampshire inhabitant and resides in this county.

3. GENERAL FACTUAL ALLEGATIONS

8. 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 [TOWN/CITY], New Hampshire (the "Collision").

9. Plaintiff was riding in a lawful and prudent manner — [as far to the right as practicable / within a marked bicycle lane / lawfully controlling the lane where the lane was too narrow to share or other conditions required, as permitted by RSA 265:144,XI] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front headlamp and a rear lamp or reflector, and Plaintiff wore reflective apparel, as contemplated by RSA 265:144.

10. 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.

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

12. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without leaving a reasonable and prudent distance of at least three feet (plus one foot for each 10 mph above 30 mph), sideswiping or striking 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].

13. 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.

14. 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.

15. 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].

16. 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.

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

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

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

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

20. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the New Hampshire rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to exercise due care when approaching and passing a bicyclist by leaving a reasonable and prudent distance, and to refrain from conduct endangering others.

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

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Approaching and overtaking Plaintiff's bicycle without exercising due care and without leaving a reasonable and prudent distance of at least three feet (and the additional clearance required at higher speeds);
• 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 or inattentive; and
• Failing to maintain proper control of the vehicle.

22. 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.

23. 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)

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

25. The New Hampshire 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. These include, as applicable to the manner of the Collision:

• RSA 265:143 — every person riding a bicycle upon a way has the same rights and is subject to the same duties as the driver of a vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the rules of the road;
• RSA 265:143-a — every driver approaching a bicyclist shall ensure the safety and protection of the bicyclist and shall exercise due care by leaving a reasonable and prudent distance, which is presumed reasonable and prudent if it is at least three feet when traveling at 30 miles per hour or less, with one additional foot of clearance required for every 10 miles per hour above 30 miles per hour;
• RSA 265:29 — a driver intending to turn left shall yield the right-of-way to a vehicle (including a bicycle) approaching from the opposite direction so close as to constitute an immediate hazard;
• RSA 265:28 — a driver approaching an intersection shall yield to a vehicle that has entered it, and the "vehicle on the right" rule;
• RSA 265:30 / RSA 265:31 — duties to stop and to yield at stop and yield signs;
• RSA 265:32 — a driver entering a way from a private road or driveway shall yield the right-of-way to approaching traffic;
• RSA 265:96 — a person shall not open a vehicle door on the side available to moving traffic unless it is reasonably safe to do so ("dooring"); and
• RSA 265:25 — a driver shall not follow another vehicle more closely than is reasonable and prudent.

26. 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.

27. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes negligence per se under New Hampshire law (and is, at minimum, evidence of negligence the jury may consider), and was a direct and proximate cause of Plaintiff's injuries and damages.

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

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

29. 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.

30. 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.

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

7. DAMAGES

32. 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 or attendant 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.

33. Plaintiff pleads each category of damage separately and in the alternative, together with pre-judgment and post-judgment interest as allowed by RSA 524:1-a and RSA 336:1.

8. COMPARATIVE FAULT, HELMET, AND INSURANCE ALLEGATIONS

34. At all material times Plaintiff exercised reasonable care. To the extent any fault is attributed to Plaintiff, RSA 507:7-d bars recovery only if Plaintiff's fault was greater than Defendant's fault, or the aggregate fault of Defendants if recovery is allowed against more than one Defendant. Otherwise any award shall be reduced in proportion to Plaintiff's percentage of fault, if any.

35. Plaintiff has complied with, or will comply with, all conditions precedent applicable to any uninsured/underinsured-motorist or hit-and-run claim and reserves all rights against the applicable UM/UIM carrier.

9. PRAYER FOR RELIEF

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

• A. Compensatory damages in an amount to be determined by the trier of fact, in excess of the jurisdictional threshold of this Court;
• B. Enhanced compensatory damages, where the evidence establishes wanton, malicious, or oppressive conduct, consistent with RSA 507:15 (New Hampshire prohibits common-law punitive damages under RSA 507:16);
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of suit; and
• E. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable as a matter of right.

11. 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, the bicycle, event-data-recorder ("black box") and telematics data, photographs, video (including any dash-cam, body-cam, traffic, or surveillance video), 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.

12. SIGNATURE BLOCK

Respectfully submitted,

Dated: [__/__/____]

/s/ [________________________________]

[ATTORNEY NAME], Esq. (NH Bar No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, NH ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF NEW HAMPSHIRE

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being 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[____].

[________________________________]

Justice of the Peace / Notary Public

My Commission Expires: [_______________]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint was served (or will be served with the summons) upon the following by [the Court's electronic filing system / U.S. First-Class Mail / personal service by the sheriff under RSA 510]:

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

/s/ [________________________________]

[ATTORNEY NAME]

15. NEW HAMPSHIRE PRACTICE NOTES

• Statute of limitations. Personal-injury actions must be commenced within three years of the act or omission complained of. RSA 508:4. Claims against governmental entities are subject to separate notice and limitations provisions; verify the applicable municipal/state framework.
• Comparative fault. Under RSA 507:7-d, a plaintiff may recover when fault is not greater than defendant fault, or aggregate defendant fault if recovery is allowed against more than one defendant. Allowed damages are reduced in proportion to the plaintiff's share. Develop fault evidence (EDR data, video, reconstruction) to support the pleaded allocation.
• Cyclist's rights and duties; safe passing. RSA 265:143 gives a bicyclist the same rights and duties as the driver of a vehicle. The driver's safe-passing duty is RSA 265:143-a: exercise due care and leave a reasonable and prudent distance, presumed reasonable if at least three feet at 30 mph or less, with one additional foot for every 10 mph above 30 mph. The cyclist's reciprocal duties (lane position, lights, reflective apparel, hand signals) are in RSA 265:144, which expressly permits a cyclist to leave the right edge or control the lane to avoid hazards, to make turns, or where the lane is too narrow to share.
• Helmet non-use generally not comparative fault. New Hampshire requires a helmet only for riders under 16 (RSA 265:144,X) — there is no adult helmet requirement. For an adult cyclist, evidence or argument that the plaintiff was not wearing a helmet is generally inadmissible to show comparative fault or to reduce damages; move in limine to exclude it. Verify the current New Hampshire evidentiary framework before relying on it.
• No punitive damages; enhanced compensatory damages. RSA 507:16 prohibits punitive damages absent statutory authorization. Stewart v. Bader, 154 N.H. 75 (2006), describes enhanced compensatory damages as an exceptional compensatory remedy for wanton, malicious, or oppressive conduct. Plead the claim-specific enhanced-compensatory theory rather than generic "punitive" damages.
• UM/UIM and hit-and-run. A bicyclist struck by a motor vehicle may recover under their own automobile UM/UIM coverage (and a resident relative's policy), because cyclists are typically "insureds" for UM/UIM purposes; UM coverage also responds to a hit-and-run / phantom vehicle subject to prompt-reporting and (in some policies) physical-contact requirements. Because New Hampshire does not generally compel liability insurance, the cyclist's own/household UM/UIM and med-pay are frequently the principal recovery sources. Promptly identify and notify every applicable policy, preserve the UM/UIM claim, and comply with consent-to-settle / subrogation procedures before resolving the liability claim. Verify the current requirements under the applicable policies and New Hampshire law.
• Court and procedure. The Superior Court is the court of general civil jurisdiction (RSA 491:7); smaller claims may proceed in the Circuit Court. Pleading and practice follow the New Hampshire Superior Court Rules; service is governed by RSA 510 (commonly via the sheriff). Confirm county venue, the demand/amount-in-controversy posture, and current e-filing requirements.

16. SOURCES AND REFERENCES

• New Hampshire Revised Statutes Annotated (Title LII — Actions; Title XXI — Motor Vehicles) — https://www.gencourt.state.nh.us/rsa/html/nhtoc/nhtoc.htm
• RSA 508:4 (three-year limitations) — https://www.gencourt.state.nh.us/rsa/html/LII/508/508-4.htm
• RSA 507:7-d (comparative fault) — https://law.justia.com/codes/new-hampshire/title-lii/chapter-507/section-507-7-d/
• RSA 265:143 (bicyclist rights and duties) — https://www.gencourt.state.nh.us/rsa/html/XXI/265/265-143.htm
• RSA 265:143-a (drivers to exercise due care when approaching bicycle — 3-foot/graduated distance) — https://www.gencourt.state.nh.us/rsa/html/XXI/265/265-143-a.htm
• RSA 265:144 (riding on bicycles — cyclist's duties) — https://www.gencourt.state.nh.us/rsa/html/XXI/265/265-144.htm
• RSA 265:29 (vehicle turning left); RSA 265:28 (intersection right-of-way); RSA 265:30, 265:31 (stop/yield); RSA 265:32 (entering from private road); RSA 265:25 (following too closely); RSA 265:37 (due care)
• RSA 265:96 (opening vehicle door — dooring)
• RSA 507:16 (punitive damages prohibited absent statute); Stewart v. Bader, 154 N.H. 75 (2006) (enhanced compensatory damages)
• New Hampshire Superior Court Rules; New Hampshire Civil Jury Instructions (Motor Vehicle; Comparative Fault; Negligence Per Se)

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