Bicycle Accident Complaint - Nevada

BICYCLE ACCIDENT COMPLAINT — NEVADA

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 and Service Blocks
13. Verification
14. Certificate of Service
15. Nevada Practice Notes
16. Sources and References

1. CAPTION

IN THE [____________] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF [COUNTY]

CASE NO. [________]

DEPT. NO. [____]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

(Exempt from Arbitration — Damages in Excess of $50,000)

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

2. PARTIES, JURISDICTION, AND VENUE

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

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

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. The true names and capacities of Defendants DOES I through X and ROE CORPORATIONS I through X are presently unknown to Plaintiff, who will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff alleges that each fictitiously named Defendant is responsible in some manner for the events and damages alleged herein.

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

6. This Court has subject-matter jurisdiction pursuant to Nev. Const. art. 6, § 6, as the District Court has original jurisdiction over civil matters not assigned to the justice courts, and the amount in controversy exceeds $15,000 (the jurisdictional ceiling of the justice court under Nev. Rev. Stat. § 4.370).

7. Venue is proper in [COUNTY] County under Nev. Rev. Stat. § 13.040 because the Collision occurred in said county and/or one or more Defendants resides therein.

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 [CITY], Nevada (the "Collision").

9. 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 the lane was too narrow to share or other conditions required] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front lamp, a rear reflector, and side reflective material as contemplated by Nev. Rev. Stat. § 484B.783.

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 moving over a lane and without leaving a safe distance of at least three feet, 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 Nevada rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicyclist only by moving over a lane or at a safe distance of not less than three feet, to exercise due care to avoid a collision with a bicyclist, 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;
• Overtaking and passing Plaintiff's bicycle without moving into the lane to the immediate left where available and reasonably safe, and without leaving a safe distance of at least three feet;
• 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 Nevada 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:

• Nev. Rev. Stat. § 484B.763 — every person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to 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;
• Nev. Rev. Stat. § 484B.270 — a driver overtaking a bicycle must exercise due care and, if there is more than one lane proceeding in the same direction, move into the lane to the immediate left if available and reasonably safe, or, if there is only one such lane, pass at a safe distance of not less than three feet between any portion of the vehicle and the bicycle and not move back to the right until safely clear; the driver must also exercise due care to avoid a collision with a bicyclist and shall not intentionally interfere with a bicyclist's movement;
• Nev. Rev. Stat. § 484B.253 — a driver within an intersection 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;
• Nev. Rev. Stat. § 484B.250 — duties governing right-of-way for vehicles approaching or entering an intersection;
• Nev. Rev. Stat. § 484B.260 — a driver entering a highway from a private road or driveway shall yield to approaching traffic;
• Nev. Rev. Stat. § 484B.153 — a person shall not open a vehicle door on the side closest to passing traffic in a manner that interferes with moving traffic, nor leave it open longer than necessary ("dooring"); and
• Nev. Rev. Stat. § 484B.127 — 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 Nevada law, and was a direct and proximate cause of Plaintiff's injuries and damages.

28. Because Driver Defendant was, while violating Nev. Rev. Stat. § 484B.270, the proximate cause of a collision with Plaintiff, Driver Defendant is also subject to the additional penalty set forth in Nev. Rev. Stat. § 484B.653(4), which underscores the protective purpose of the statute.

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

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

30. 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.

31. 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.

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

7. DAMAGES

33. 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.

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

8. COMPARATIVE FAULT, HELMET, AND INSURANCE ALLEGATIONS

35. At all material times Plaintiff exercised reasonable care. To the extent any fault is attributed to Plaintiff, Plaintiff's recovery is barred only if Plaintiff's negligence was greater than the combined negligence of the Defendants under Nev. Rev. Stat. § 41.141, and otherwise any award shall be reduced only in proportion to Plaintiff's percentage of fault, if any.

36. 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. General and special damages in an amount in excess of $15,000, to be proven at trial;
• B. Punitive damages as allowed by law, if the evidence establishes oppression, fraud, or malice by clear and convincing evidence (Nev. Rev. Stat. § 42.005);
• C. Pre-judgment and post-judgment interest pursuant to Nev. Rev. Stat. § 17.130;
• D. Costs of suit and reasonable attorney's fees as allowed by law; and
• E. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Pursuant to Nev. Const. art. 1, § 3 and Rule 38, Nev. R. Civ. P., 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 (including the fictitiously named DOE and ROE Defendants when identified), 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 AND SERVICE BLOCKS

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

[LAW FIRM NAME]

By: /s/ [________________________________]

[ATTORNEY NAME], Esq., Nevada Bar No. [________]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Nevada that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the matters stated therein are true and correct of my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

Executed this [____] day of [_______________], 20[____], at [CITY], Nevada.

[________________________________]

[PLAINTIFF NAME], Plaintiff

14. 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 Rule 4, Nev. R. Civ. P. / the Court's electronic filing system under Rule 5 / N.E.F.C.R.]:

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

/s/ [________________________________]

[ATTORNEY NAME]

15. NEVADA PRACTICE NOTES

• Statute of limitations. Actions for personal injury in Nevada must be commenced within two years of accrual — one of the shortest windows in the country. Nev. Rev. Stat. § 11.190(4)(e). This short period makes prompt investigation, evidence preservation, and filing critical. Claims against governmental entities trigger separate notice requirements.
• MODIFIED COMPARATIVE NEGLIGENCE — 51% BAR. Under Nev. Rev. Stat. § 41.141, a plaintiff may recover so long as the plaintiff's negligence was not greater than the combined negligence of the defendants; a plaintiff more than 50% at fault is barred, and otherwise damages are reduced in proportion to the plaintiff's share. Developing fault evidence (EDR data, video, reconstruction) to keep the cyclist at or below 50% is important.
• Cyclist's rights and duties; safe passing. Nev. Rev. Stat. § 484B.763 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a vehicle driver. The driver's safe-passing duty is NRS 484B.270: move into the lane to the immediate left where available and reasonably safe, or — if there is only one lane in the direction — pass at a safe distance of not less than three feet and not move right until safely clear; the driver must also exercise due care to avoid a collision and may not intentionally interfere with a cyclist. A driver who violates § 484B.270 and proximately causes a collision with a cyclist is subject to the additional penalty in NRS 484B.653(4). The cyclist's reciprocal right-side-riding duty is NRS 484B.777 (with exceptions for matching traffic speed, preparing to turn left, or where unsafe — including a lane too narrow to share).
• Helmet non-use generally not comparative fault. Nevada imposes no bicycle-helmet requirement for cyclists of any age. 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, and argue by analogy to NRS 484D.495(4)(b) (seat-belt non-use not evidence of negligence/causation). Verify the current Nevada evidentiary framework before relying on it.
• 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. 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 Nevada law.
• Punitive damages. Recoverable only on clear and convincing evidence of oppression, fraud, or malice. Nev. Rev. Stat. § 42.005. Statutory caps apply (generally the greater of three times compensatory damages where compensatory damages are $100,000 or more, or $300,000), with an exception removing the cap for certain DUI-related conduct under § 42.010 (verify current figures). Plead a punitive count only where supported (e.g., a DUI or extreme-recklessness "buzzing"/harassment case).
• Court, arbitration, and procedure. The Nevada District Court is the court of general civil jurisdiction; the justice court is limited to claims of $15,000 or less (Nev. Rev. Stat. § 4.370). Many districts (e.g., the Eighth Judicial District) operate a court-annexed arbitration program with a presumptive cap (commonly $50,000) and an exemption for higher-value cases; include the exemption notice where appropriate. Plead DOE/ROE defendants per Nevada practice. Service is governed by Rule 4, Nev. R. Civ. P.; confirm county venue and local e-filing requirements.

16. SOURCES AND REFERENCES

• Nevada Revised Statutes (Title 2 — Civil Practice; Title 43 — Public Safety; Vehicles) — https://www.leg.state.nv.us/nrs/
• Nev. Rev. Stat. § 11.190 (two-year limitations) — https://www.leg.state.nv.us/nrs/nrs-011.html
• Nev. Rev. Stat. § 41.141 (comparative negligence) — https://www.leg.state.nv.us/nrs/nrs-041.html
• Nev. Rev. Stat. § 484B.270 (driver's duty of due care; safe passing — three feet / move over a lane) — https://law.justia.com/codes/nevada/chapter-484b/statute-484b.270/
• Nev. Rev. Stat. § 484B.763 (application of traffic laws to bicyclists — rights and duties) — https://law.justia.com/codes/nevada/chapter-484b/statute-484b-763/
• Nev. Rev. Stat. § 484B.777 (operating bicycle on roadway — right-side duty) — https://codes.findlaw.com/nv/title-43-public-safety-vehicles-watercraft/nv-rev-st-484b-777/
• Nev. Rev. Stat. § 484B.253 (vehicle turning left); § 484B.250 (intersection right-of-way); § 484B.260 (entering from private road); § 484B.127 (following too closely)
• Nev. Rev. Stat. § 484B.153 (opening vehicle door — dooring) — https://law.justia.com/codes/nevada/chapter-484b/statute-484b-153/
• Nev. Rev. Stat. § 484B.653 (additional penalty for proximate cause of collision with bicyclist)
• Nev. Rev. Stat. § 42.005, § 42.010 (punitive damages; DUI exception); § 484D.495(4)(b) (seat-belt non-use not evidence of negligence)
• Nevada Rules of Civil Procedure (Rules 4, 5, 8, 38)

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