Bicycle Accident Complaint

BICYCLE ACCIDENT COMPLAINT — RHODE ISLAND

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 Negligence and Helmet Reservation
9. Prayer for Relief
10. Jury Demand
11. Signature and Service Blocks
12. Certificate of Service
13. Rhode Island Practice Notes
14. Sources and References

1. CAPTION

STATE OF RHODE ISLAND

[COUNTY] COUNTY, SC. SUPERIOR COURT

C.A. No. [________________________________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual residing in [CITY/TOWN], Rhode Island, and at all material times was lawfully operating a bicycle upon the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an individual residing in [CITY/TOWN / STATE] and may be served with process pursuant to R.I. Super. R. Civ. P. 4 at [SERVICE ADDRESS].

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. If a registered entity, Owner Defendant may be served through its registered agent, [AGENT NAME], at [AGENT ADDRESS].

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

5. This Court has subject-matter jurisdiction under R.I. Gen. Laws § 8-2-14 because the amount in controversy exceeds $10,000 and the claims sound in tort.

6. Venue is proper under R.I. Gen. Laws § 9-4-3 because one or more Defendants resides or has a place of business in this county and/or the cause of action arose here.

3. GENERAL FACTUAL ALLEGATIONS

7. On or about [__/__/____] 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/TOWN], Rhode Island (the "Collision").

8. 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 conditions required] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front lamp and rear reflector as required by R.I. Gen. Laws § 31-19-10.

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 bicycle without leaving a safe distance and sideswiped or struck 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"); failed to yield to Plaintiff in a bicycle lane; 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].

12. 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.

13. 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.

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 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].

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 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 Rhode Island rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to overtake and pass a bicyclist only at a safe distance, 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 sufficient to prevent contact had Plaintiff fallen into the driver's lane;
• 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;
• Failing to yield to Plaintiff while Plaintiff was operating in a bicycle lane;
• 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, 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 realleges and incorporates Paragraphs 1 through 22 as if fully set forth herein.

24. The Rhode Island motor-vehicle laws 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:

• R.I. Gen. Laws § 31-19-3 — every person riding a bicycle 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;
• R.I. Gen. Laws § 31-15-18 ("Frank's Law") — a driver may pass a person operating a bicycle only by driving to the left at a "safe distance," meaning a distance sufficient to prevent contact with the cyclist if the cyclist were to fall into the driver's lane of traffic, and returning to the lane of travel only once safely clear (subject to the exceptions stated in the statute);
• R.I. Gen. Laws § 31-17-9 — a driver about to cross or turn across a bicycle lane shall yield the right-of-way to a person operating a bicycle in the bicycle lane;
• R.I. Gen. Laws § 31-16-2 — duties governing the manner of turning at an intersection, including approach and yielding;
• R.I. Gen. Laws § 31-17-1 et seq. — duties governing right-of-way at intersections, on entering a through highway, and on entering a roadway from a private road or driveway; and
• R.I. Gen. Laws § 31-15-12 — a driver shall not follow another vehicle more closely than is reasonable and prudent.

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 Rhode Island 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 a careless, incompetent, inexperienced, reckless, or otherwise unfit driver.

29. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle with Owner Defendant's consent and/or as the agent, servant, or employee of Owner Defendant and within the scope of that agency or employment, rendering Owner Defendant liable under R.I. Gen. Laws § 31-33-6 and/or 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 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.

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 willful, wanton, malicious, or in reckless disregard of the rights of others, consistent with Rhode Island's stringent punitive-damages standard.

8. COMPARATIVE NEGLIGENCE AND HELMET RESERVATION

34. Plaintiff denies any contributory or comparative negligence. Pursuant to R.I. Gen. Laws § 9-20-4, even if Plaintiff is found to have been comparatively negligent, such negligence does not bar recovery; any damages shall be diminished by the finder of fact only in proportion to the amount of negligence, if any, attributable to Plaintiff.

35. To the extent the absence or presence of a bicycle helmet is raised, Plaintiff reserves all objections; under R.I. Gen. Laws § 31-19-2.1, failure to wear a helmet shall not be considered contributory or comparative negligence and is not admissible as evidence in the trial of any civil action.

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 minimum of this Court;
• B. Punitive damages, upon a proper showing;
• C. Pre-judgment and post-judgment interest pursuant to R.I. Gen. Laws § 9-21-10, together with costs; 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 R.I. Super. R. Civ. P. 38.

11. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

Plaintiff,

By Plaintiff's Attorney,

[________________________________]

[ATTORNEY NAME] (R.I. Bar No. [________])

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, RI ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Dated: [__/__/____]

12. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], I served (or will cause to be served with the summons) a true copy of the foregoing COMPLAINT upon the following by [the sheriff / constable / certified mail under R.I. Super. R. Civ. P. 4 / the court's electronic-filing system]:

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

[________________________________]

[ATTORNEY NAME]

13. RHODE ISLAND PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Rhode Island must be commenced within three years of accrual. R.I. Gen. Laws § 9-1-14(b). Wrongful-death actions also carry a three-year period (R.I. Gen. Laws § 10-7-2; verify if the cyclist was killed). The discovery rule may apply to latent injuries.
• PURE comparative negligence. Under R.I. Gen. Laws § 9-20-4, the plaintiff's own negligence does not bar recovery, however great; damages are simply diminished by the finder of fact in proportion to the plaintiff's share of negligence (a plaintiff 90% at fault still recovers 10%). The statute further provides that an "open and obvious" danger or defect does not bar recovery. This is the single most plaintiff-favorable feature of a Rhode Island bicycle case.
• The cyclist's rights and duties. R.I. Gen. Laws § 31-19-3 grants a bicyclist all the rights and subjects the cyclist to all the duties applicable to a vehicle driver. Reciprocal cyclist duties include riding as near to the right side of the roadway as practicable (§ 31-19-6) and required lamps/equipment (§ 31-19-10). Because Rhode Island is pure comparative, cyclist fault reduces but never bars recovery; nonetheless investigate lane position, conspicuity, lighting, and signal phase to minimize any allocation.
• Safe passing — "safe distance" / fall distance, NOT three feet. R.I. Gen. Laws § 31-15-18 ("Frank's Law") requires a motorist to pass a bicyclist at a "safe distance," defined as a distance sufficient to prevent contact with the cyclist if the cyclist were to fall into the driver's lane of traffic — modeled on Oregon's statute. By its terms it does not apply when the driver is operating at 15 mph or less, in a lane separate from and adjacent to a designated bicycle lane, or when passing on the cyclist's right while the cyclist is turning left. Do not plead Rhode Island as a "three-foot" state. Where the statute's exceptions apply, rely on the general duty of reasonable care (Count I) and the other rules of the road.
• Vulnerable road user law. Rhode Island enacted (effective June 2021) a vulnerable-road-user statute defining vulnerable users (including bicyclists) and providing enhanced penalties for drivers who fail to exercise due care and injure or kill them. Identify the current chapter/section and consider it for the negligence-per-se and aggravation analysis.
• Helmet non-use — statute-based exclusion. R.I. Gen. Laws § 31-19-2.1 requires a bicycle helmet only for riders 15 and younger and expressly provides that failure to wear a helmet is not contributory or comparative 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.
• 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 or corroboration 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 Rhode Island law.
• Vicarious liability. R.I. Gen. Laws § 31-33-6 imposes liability on a vehicle owner for the negligence of a person operating the vehicle with the owner's express or implied consent; plead it alongside respondeat superior where an owner/operator distinction exists.
• Prejudgment interest. Rhode Island adds statutory prejudgment interest to tort judgments under § 9-21-10 (commonly 12% per annum; verify the current rate).
• Service. Service of process is governed by R.I. Super. R. Civ. P. 4 (commonly by sheriff/constable or certified mail where authorized); out-of-state defendants may be served under Rhode Island's long-arm statute, R.I. Gen. Laws § 9-5-33.

14. SOURCES AND REFERENCES

• Rhode Island General Laws (Title 9 — Courts and Civil Procedure; Title 31 — Motor and Other Vehicles) — https://webserver.rilegislature.gov/Statutes/
• R.I. Gen. Laws § 9-1-14(b) (three-year limitations)
• R.I. Gen. Laws § 9-20-4 (pure comparative negligence) — https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.HTM
• R.I. Gen. Laws § 31-19-3 (applicability of traffic laws to bicycles)
• R.I. Gen. Laws § 31-15-18 ("Frank's Law" — unsafe passing of a person operating a bicycle) — https://law.justia.com/codes/rhode-island/title-31/chapter-31-15/section-31-15-18/
• R.I. Gen. Laws § 31-19-6 (bicycles to right of road); § 31-19-10 (lamps and equipment); § 31-17-9 (yield to rider in bicycle lane)
• R.I. Gen. Laws § 31-16-2 (manner of turning); § 31-17-1 et seq. (right-of-way); § 31-15-12 (following too closely)
• R.I. Gen. Laws § 31-19-2.1 (bicycle helmets; civil-action bar)
• R.I. Gen. Laws § 31-33-6 (owner liability — consent statute); § 9-21-10 (prejudgment interest)
• Rhode Island Superior Court Rules of Civil Procedure (Rules 4, 8, 38)
• Rhode Island Pattern Civil Jury Instructions (Motor Vehicle; Comparative Negligence)

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