Bicycle Accident Complaint

BICYCLE ACCIDENT COMPLAINT — PENNSYLVANIA

TABLE OF CONTENTS

1. Caption and Notice to Defend
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 Negligence and Helmet Reservation
9. Prayer for Relief
10. Jury Demand
11. Signature Block
12. Verification
13. Certificate of Service
14. Pennsylvania Practice Notes
15. Sources and References

1. CAPTION AND NOTICE TO DEFEND

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA

CIVIL ACTION — LAW

No. [________________________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

NOTICE TO DEFEND: You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. [INSERT FULL Pa.R.C.P. 1018.1 NOTICE, INCLUDING LAWYER-REFERRAL CONTACT INFORMATION.]

Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, complains of Defendants and alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual residing at [ADDRESS], in [COUNTY] County, Pennsylvania, and at all material times was lawfully operating a pedalcycle (bicycle) upon the public roadways of this Commonwealth.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an adult individual residing at [SERVICE ADDRESS], in [COUNTY / STATE].

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] with a principal place of business / registered office at [ADDRESS] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant.

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

5. This Court has subject-matter jurisdiction as a court of original and general jurisdiction under 42 Pa.C.S. §§ 931 and 5103; the amount in controversy exceeds the threshold for compulsory arbitration and the claims sound in tort.

6. Venue is proper in this county under Pa.R.C.P. 1006 and 2179 because the cause of action arose here and/or one or more Defendants resides, regularly conducts business, or may be served in this county.

3. GENERAL FACTUAL ALLEGATIONS

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

8. Plaintiff was riding in a lawful and prudent manner — [in the right-hand lane or as close as practicable to the right-hand curb or edge of the roadway / lawfully occupying the lane where conditions or lane width required] — and, to the extent the Collision occurred between sunset and sunrise, Plaintiff's pedalcycle was equipped with a front lamp and rear and side reflectors as required by 75 Pa.C.S. § 3507.

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 pedalcycle without leaving at least four feet of clearance and at an unreduced speed, 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 pedalcycle ("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 pedalcycle 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 pedalcycle 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.

13. Plaintiff had the right-of-way and was operating the pedalcycle 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.

14. 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 pedalcycle 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].

15. 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.

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 incorporates by reference Paragraphs 1 through 17 as though 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 Pennsylvania Vehicle Code, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a pedalcycle only within not less than four feet at a careful and prudent reduced speed, 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 pedalcycle;
• Overtaking and passing Plaintiff's pedalcycle without leaving the required four feet of clearance and/or without reducing speed to a careful and prudent rate;
• Turning right across the path of Plaintiff's pedalcycle ("right hook") when it was unsafe to do so;
• Turning left across the path of Plaintiff's oncoming pedalcycle ("left cross") when it was unsafe to do so;
• Opening, or causing to be opened, a vehicle door into the path of Plaintiff's pedalcycle when it was unsafe to do so ("dooring");
• Failing to yield the right-of-way to Plaintiff;
• Following Plaintiff's pedalcycle 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.

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 incorporates by reference Paragraphs 1 through 22 as though fully set forth herein.

24. The Pennsylvania Vehicle Code imposes 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:

• 75 Pa.C.S. § 3501 — every person riding a pedalcycle upon a roadway is granted 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;
• 75 Pa.C.S. § 3303(a)(3) — the driver of a motor vehicle overtaking a pedalcycle proceeding in the same direction shall pass to the left of the pedalcycle within not less than four (4) feet at a careful and prudent reduced speed;
• 75 Pa.C.S. § 3705 — no person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and without interfering with the movement of other traffic ("dooring");
• 75 Pa.C.S. § 3322 — a driver intending to turn left shall yield the right-of-way to any vehicle (including a pedalcycle) approaching from the opposite direction which is so close as to constitute a hazard;
• 75 Pa.C.S. § 3321 — duties governing right-of-way at intersections where two vehicles approach at approximately the same time;
• 75 Pa.C.S. § 3323 — duties on approaching a stop or yield sign;
• 75 Pa.C.S. § 3324 — a driver entering or crossing a roadway from a place other than another roadway shall yield to all approaching vehicles;
• 75 Pa.C.S. § 3310 — a driver shall not follow another vehicle more closely than is reasonable and prudent; and
• 75 Pa.C.S. § 3301 — duties governing driving on the right side of the roadway.

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 Pennsylvania 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 incorporates by reference Paragraphs 1 through 26 as though 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 a careless, incompetent, inexperienced, reckless, or otherwise unfit driver likely to create an unreasonable risk of harm to others.

29. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, workman, 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, prosthetics, and long-term or attendant care, to be proven at trial;
• Lost wages and impairment of earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Past and future pain and suffering, mental anguish, embarrassment, and humiliation;
• Permanent physical impairment and disfigurement, including scarring from road rash and surgical intervention;
• Loss of life's pleasures / 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.

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

33. Plaintiff reserves the right to seek punitive damages upon a proper evidentiary showing that Driver Defendant's conduct was outrageous and the product of evil motive or reckless indifference to the rights of others.

8. COMPARATIVE NEGLIGENCE AND HELMET RESERVATION

34. Plaintiff denies any contributory or comparative negligence. Pursuant to 42 Pa.C.S. § 7102, Plaintiff's negligence, if any, was not greater than the combined causal negligence of the Defendants, and therefore does not bar recovery; any damages should be diminished only in proportion to Plaintiff's proven contributory fault, if any.

35. To the extent the absence or presence of a bicycle helmet is raised, Plaintiff reserves all objections; under 75 Pa.C.S. § 3510, failure to wear a helmet shall not be considered contributory negligence and is not admissible as evidence in any civil action.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment in Plaintiff's favor and against Defendants, jointly and severally (to the extent permitted by 42 Pa.C.S. § 7102(a.1)), in a sum in excess of the jurisdictional limits for compulsory arbitration, together with:

• A. Compensatory damages in an amount to be determined at trial;
• B. Punitive damages, upon a proper showing;
• C. Pre-judgment and post-judgment interest, costs, and such delay damages as are allowed by Pa.R.C.P. 238; and
• D. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable, pursuant to Pa.R.C.P. 1007.1.

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Esquire

Pa. I.D. No. [________]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, PA ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Dated: [__/__/____]

12. VERIFICATION

I, [PLAINTIFF NAME], verify that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Dated: [__/__/____]

13. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing COMPLAINT (with Notice to Defend) was served, or will be served with original process, upon the following by [the sheriff / competent adult process server / certified mail under Pa.R.C.P. 400 et seq.]:

[DEFENDANT NAME(S) AND ADDRESS(ES)]

[________________________________]

[ATTORNEY NAME], Esquire

Dated: [__/__/____]

14. PENNSYLVANIA PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Pennsylvania must be commenced within two years. 42 Pa.C.S. § 5524. Wrongful-death and survival actions also carry a two-year period (42 Pa.C.S. §§ 5524, 8301–8302; verify if the cyclist was killed). Claims against Commonwealth or local government parties carry six-month notice requirements (42 Pa.C.S. §§ 5522, 8522, 8542).
• Modified comparative negligence (51% bar) and several liability. Under 42 Pa.C.S. § 7102(a), the plaintiff's negligence bars recovery only if it is greater than the combined causal negligence of the defendants; a plaintiff who is exactly 50% at fault still recovers, with damages diminished proportionally. Under § 7102(a.1), liability among defendants is generally several (not joint) unless a listed exception applies (e.g., a defendant found at least 60% liable, intentional torts). Plead "jointly and severally" subject to § 7102(a.1).
• The cyclist's rights and duties. 75 Pa.C.S. § 3501 grants a pedalcyclist all the rights and subjects the cyclist to all the duties applicable to a vehicle driver. Reciprocal cyclist duties include riding in the right-hand lane or as close as practicable to the right (75 Pa.C.S. § 3301, with exceptions) and front-lamp/reflector equipment at night (§ 3507). A violation supplies the defense's comparative-negligence theory; investigate lane position, conspicuity, lighting, and signal phase.
• Four-foot safe passing. 75 Pa.C.S. § 3303(a)(3) requires a motorist overtaking a pedalcycle in the same direction to pass to the left within not less than four feet at a careful and prudent reduced speed — the strictest passing-distance rule in the country and one of the few that also mandate reduced speed. Pennsylvania law also allows overtaking a pedalcycle in a no-passing zone with due care while maintaining the four-foot clearance (§ 3303(a)(3)/§ 3307; verify).
• Dooring. 75 Pa.C.S. § 3705 prohibits opening any vehicle door unless and until it is reasonably safe to do so and without interfering with traffic — the predicate for a "dooring" negligence-per-se theory.
• Helmet non-use — statute-based exclusion. 75 Pa.C.S. § 3510 requires a pedalcycle helmet only for riders under 12 and expressly provides that failure to wear a required helmet is not contributory negligence and is not admissible as evidence in any civil action. Move in limine to exclude helmet-non-use evidence; this is a strong, statute-based bar.
• Limited tort vs. full tort. Under the Motor Vehicle Financial Responsibility Law (75 Pa.C.S. § 1705), a plaintiff's "limited tort" election (which generally follows the household auto policy) may restrict recovery of noneconomic damages absent a "serious injury" or statutory exception. Confirm Plaintiff's tort election and applicable exceptions before pleading noneconomic damages.
• UM/UIM and hit-and-run. A bicyclist struck by a motor vehicle may recover under their own automobile uninsured/underinsured-motorist (UM/UIM) coverage — and under a resident relative's policy — because cyclists are typically "insureds" for UM/UIM purposes even when not occupying a vehicle. UM also responds to a hit-and-run / phantom vehicle, subject to prompt-reporting and (often) 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 UM/UIM and hit-and-run requirements under the applicable policies and Pennsylvania law.
• Pleading mechanics. A Pennsylvania complaint must be verified (Pa.R.C.P. 1024) and must include a Notice to Defend (Pa.R.C.P. 1018.1). Plead in numbered paragraphs and in separate counts (Pa.R.C.P. 1019–1020). Demand for a sum certain in unliquidated tort actions is limited by Pa.R.C.P. 1021 to whether the amount is or is not in excess of the compulsory-arbitration limit.
• Service. Original process is served under Pa.R.C.P. 400 et seq. (by the sheriff in most counties, or a competent adult / certified mail where authorized); out-of-state defendants may be served under Pennsylvania's long-arm statute, 42 Pa.C.S. § 5322.

15. SOURCES AND REFERENCES

• Pennsylvania Consolidated Statutes (Title 42 — Judiciary; Title 75 — Vehicles) — https://www.palegis.us/statutes/consolidated
• 42 Pa.C.S. § 5524 (two-year limitations)
• 42 Pa.C.S. § 7102 (comparative negligence; several liability) — https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-7102/
• 75 Pa.C.S. § 3501 (applicability of traffic laws to pedalcycles)
• 75 Pa.C.S. § 3303(a)(3) (overtaking a pedalcycle — four feet, reduced speed) — https://www.palegis.us/statutes/consolidated/view-statute?ttl=75&div=00.&chapter=033.&section=003.
• 75 Pa.C.S. § 3705 (opening and closing vehicle doors) — https://codes.findlaw.com/pa/title-75-pacsa-vehicles/pa-csa-sect-75-3705/
• 75 Pa.C.S. § 3510 (pedalcycle helmets; civil-action bar)
• 75 Pa.C.S. §§ 3301, 3310, 3321, 3322, 3323, 3324 (rules of the road / right-of-way); § 3507 (pedalcycle equipment)
• 75 Pa.C.S. § 1705 (limited tort / full tort election)
• Pennsylvania Rules of Civil Procedure (1006, 1007.1, 1018.1, 1019–1021, 1024, 238, 400 et seq.)
• Pennsylvania Suggested Standard Civil Jury Instructions (Motor Vehicle; Negligence Per Se; Comparative Negligence)

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