Bicycle Accident Complaint - Texas

BICYCLE ACCIDENT COMPLAINT — TEXAS (PLAINTIFF'S ORIGINAL PETITION)

TABLE OF CONTENTS

1. Caption / Style of the Case
2. Discovery Control Plan
3. Parties
4. Jurisdiction and Venue
5. Factual Background
6. Count I — Negligence (Against Defendant Driver)
7. Count II — Negligence Per Se (Against Defendant Driver)
8. Count III — Negligent Entrustment / Respondeat Superior (Against Defendant Owner)
9. Count IV — Gross Negligence and Exemplary Damages
10. Damages
11. Proportionate Responsibility and Helmet Note
12. Conditions Precedent
13. Jury Demand
14. Prayer
15. Request for Service of Citation
16. Signature Block
17. Initial Service Details
18. Texas Practice Notes
19. Sources and References

1. CAPTION / STYLE OF THE CASE

CAUSE NO. [________]

IN THE DISTRICT COURT OF [COUNTY] COUNTY, TEXAS

[________] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION — COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY TRIAL DEMANDED

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff [PLAINTIFF NAME] files this Original Petition complaining of Defendants and respectfully shows the Court as follows:

2. DISCOVERY CONTROL PLAN

1. Plaintiff intends that discovery be conducted under Level [2 / 3] of Rule 190 of the Texas Rules of Civil Procedure.

3. PARTIES

2. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual resident of [COUNTY] County, Texas, who at all material times was lawfully operating a bicycle on the public roadways of this State. Under Tex. Civ. Prac. & Rem. Code § 30.014(a), Plaintiff's driver's license number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED], and Plaintiff's Social Security number, if issued, ends in [LAST THREE DIGITS / NOT ISSUED]. Enter only the last three digits of each issued number.

3. Defendant [DRIVER NAME] ("Driver Defendant") is an individual resident of [COUNTY / STATE] who may be served with process at [SERVICE ADDRESS] or wherever Defendant may be found.

4. 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. Owner Defendant may be served through its registered agent, [REGISTERED AGENT / ADDRESS].

4. JURISDICTION AND VENUE

5. The Court has subject-matter jurisdiction over this civil matter pursuant to Tex. Gov't Code § 24.007. Pursuant to Rule 47(c), Tex. R. Civ. P., Plaintiff seeks monetary relief [over $325,000 but not more than $1,000,000 / over $1,000,000 / select the appropriate Rule 47 range].

6. Venue is proper in [COUNTY] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in this county.

7. This action is timely commenced within the two-year limitations period of Tex. Civ. Prac. & Rem. Code § 16.003, the Collision having occurred on [__/__/____].

5. FACTUAL BACKGROUND

8. 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, COUNTY], Texas (the "Collision").

9. Plaintiff was riding in a lawful and prudent manner — [as near as practicable to the right curb or edge of the roadway (Tex. Transp. Code § 551.103) / within a marked bicycle lane / lawfully occupying the lane where a substandard-width lane or other condition required] — and, to the extent the Collision occurred during nighttime, Plaintiff's bicycle was equipped with a white front lamp and [a red rear reflector / a red rear lamp] as required by Tex. Transp. Code § 551.104(b).

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 passing at 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"); 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.

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 lacks the structural protection, restraint systems, and crumple zones of an enclosed vehicle, the forces of the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by occupants of passenger 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.

6. COUNT I — NEGLIGENCE (Against Defendant Driver)

18. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

19. Duty. Driver Defendant owed Plaintiff a legal duty to exercise ordinary care in the operation of a motor vehicle, to obey the Texas rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, and to pass a bicycle only at a safe distance.

20. Breach. 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 passing to the left at a safe distance;
• 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;
• Failing to control speed for conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

21. Causation. Each of the foregoing acts and omissions, separately and in combination, proximately caused the Collision and Plaintiff's injuries and damages.

7. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

22. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

23. Driver Defendant violated provisions of the Texas Transportation Code — and [CITY]'s municipal ordinances — enacted for the protection of persons lawfully using the roadway, including bicyclists such as Plaintiff. These include, as applicable to the manner of the Collision:

• Tex. Transp. Code § 551.101 — a person operating a bicycle has the rights and duties applicable to a driver operating a vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the rules of the road;
• Tex. Transp. Code § 545.053 — an operator passing another vehicle shall pass to the left at a safe distance and may not return to the right until safely clear of the passed vehicle;
• [MUNICIPAL SAFE-PASSING / VULNERABLE-ROAD-USER ORDINANCE — e.g., a city ordinance requiring a minimum three- or six-foot clearance when passing a bicyclist; CITE THE SPECIFIC CITY CODE SECTION IF APPLICABLE];
• Tex. Transp. Code § 545.152 — a driver turning left at an intersection or into an alley, private road, or driveway shall yield the right-of-way to a vehicle approaching from the opposite direction that is in or so near the intersection as to be an immediate hazard;
• Tex. Transp. Code § 545.151 — duties of a vehicle approaching or entering an intersection;
• Tex. Transp. Code § 545.153 — a driver approaching a stop or yield intersection shall yield the right-of-way;
• Tex. Transp. Code § 545.155 — a driver entering or crossing a highway from an alley, building, or private road or driveway shall yield to approaching vehicles;
• Tex. Transp. Code § 545.062 — following distance; and
• Tex. Transp. Code § 545.351 — maximum speed requirement.

24. Plaintiff is within the class of persons these enactments were designed to protect, and the Collision is the type of harm they were designed to prevent. Driver Defendant's violation of [CITE THE SPECIFIC SECTION(S) / ORDINANCE APPLICABLE] constitutes negligence per se and proximately caused Plaintiff's injuries and damages.

8. COUNT III — NEGLIGENT ENTRUSTMENT / RESPONDEAT SUPERIOR (Against Defendant Owner)

25. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

26. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or should have known, that Driver Defendant was an unlicensed, incompetent, or reckless driver, and that entrustment was a proximate cause of Plaintiff's injuries.

27. Alternatively, at the time of the Collision, Driver Defendant was acting within the course and scope of employment with or agency for Owner Defendant, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

9. COUNT IV — GROSS NEGLIGENCE AND EXEMPLARY DAMAGES

28. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

29. Driver Defendant's conduct, viewed objectively from Driver Defendant's standpoint at the time, involved an extreme degree of risk considering the probability and magnitude of the potential harm to others, and Driver Defendant had actual, subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, and welfare of others.

30. Such conduct constitutes gross negligence, entitling Plaintiff to exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003, subject to the statutory limitations in § 41.008.

10. DAMAGES

31. As a direct and proximate result of Defendants' conduct, Plaintiff seeks the following damages, within the jurisdictional limits of the Court:

• Economic damages: reasonable and necessary medical expenses incurred in the past and, in reasonable probability, to be incurred in the future; loss of earnings in the past and loss of earning capacity in the future; and property damage and loss of use of the bicycle, cycling gear, helmet, electronics, and personal effects;
• Non-economic damages: physical pain and suffering in the past and future; mental anguish in the past and future; and physical impairment and disfigurement in the past and future, including scarring from road rash and surgical intervention;
• Exemplary damages as pleaded in Count IV, subject to Tex. Civ. Prac. & Rem. Code § 41.008;
• Pre-judgment and post-judgment interest as allowed by law; and
• Costs of court.

11. PROPORTIONATE RESPONSIBILITY AND HELMET NOTE

32. Without admitting any fault, Plaintiff pleads that, pursuant to Tex. Civ. Prac. & Rem. Code §§ 33.001 and 33.003, the trier of fact should determine and compare the proportionate responsibility of all parties and any designated responsible third parties. Plaintiff's percentage of responsibility, if any, is not greater than fifty percent (50%), and Plaintiff's recovery shall be reduced only to the extent, if any, required by law.

12. CONDITIONS PRECEDENT

33. All conditions precedent to Plaintiff's recovery have been performed, have occurred, or have been waived.

13. JURY DEMAND

34. Plaintiff demands a trial by jury and tenders (or will timely tender) the requisite jury fee. Tex. Const. art. I, § 15 and art. V, § 10; Tex. R. Civ. P. 216.

14. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendants be cited to appear and answer, and that on final trial Plaintiff have judgment against each liable Defendant under Tex. Civ. Prac. & Rem. Code § 33.013, with joint and several liability only where subsection (b) applies, for:

• A. Actual damages as set forth above;
• B. Exemplary damages as set forth in Count IV;
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of court; and
• E. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

15. REQUEST FOR SERVICE OF CITATION

Plaintiff requests that citation be issued and that service be perfected on each Defendant in any manner authorized by Rules 106 and 108, Tex. R. Civ. P., at the addresses set forth above or wherever each Defendant may be found.

16. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: /s/ [________________________________]

[ATTORNEY NAME]

State Bar No. [________]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

ATTORNEY FOR PLAINTIFF

17. INITIAL SERVICE DETAILS

Initial citation and a copy of this petition must be served on each Defendant. Electronic filing alone does not complete that service. Record the service information for each Defendant:

• Defendant Driver [NAME] — [SERVICE ADDRESS AND AUTHORIZED RECIPIENT].
• Defendant Owner / Employer [NAME] — [SERVICE ADDRESS AND AUTHORIZED RECIPIENT].

Requested service method: [PERSONAL DELIVERY / REGISTERED OR CERTIFIED MAIL / COURT-ORDERED METHOD].

18. TEXAS PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Texas must be commenced within two years of accrual. Tex. Civ. Prac. & Rem. Code § 16.003. Claims against governmental units carry a separate, shorter notice requirement (commonly six months, and many cities require shorter notice by charter or ordinance) under the Texas Tort Claims Act — verify if any defendant is a governmental unit.
• PROPORTIONATE RESPONSIBILITY — the central liability issue. Under Chapter 33, a claimant whose percentage of responsibility is greater than 50% is barred from recovery (§ 33.001), and a recovering claimant's damages are reduced by the claimant's percentage (§ 33.012). Defendants may designate responsible third parties under § 33.004 (subject to its deadlines and pleading requirements). Joint and several liability applies when a defendant is assigned more than 50% responsibility or meets § 33.013(b)(2)'s specific-intent and concerted-conduct conditions.
• NO STATEWIDE THREE-FOOT SAFE-PASSING LAW — plead the general statute plus any local ordinance. Unlike most states, Texas has no statewide minimum-clearance safe-passing statute; the statewide "Safe Passing Bill" was vetoed in 2009. The statewide hook for an unsafe pass is the general overtaking statute, Tex. Transp. Code § 545.053 (pass "to the left of the other vehicle at a safe distance"). MANY Texas municipalities (e.g., Austin, San Antonio, Houston, Dallas, Fort Worth, El Paso, and others) have adopted local safe-passing / vulnerable-road-user ordinances (commonly 3 feet for passenger vehicles, 6 feet for commercial vehicles). Determine whether the city/county of the Collision has such an ordinance, plead it by exact citation, and lay the negligence-per-se predicate. Where none applies, rely on § 545.053 and the ordinary-care duty.
• Cyclist rights and duties. Tex. Transp. Code § 551.101 gives a bicyclist the rights and duties of a vehicle driver; § 551.103 requires a slower-than-traffic cyclist to ride as near as practicable to the right curb or edge, subject to enumerated exceptions; § 551.104 governs bicycle brakes and nighttime lamps/reflectors. Investigate lane position, conspicuity, lighting, and signal phase to rebut a proportionate-responsibility theory.
• Helmet evidence is case-specific. Check any applicable helmet rule. Neither exclusion nor a reduction in recovery follows automatically from a cyclist's helmet non-use. Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015), concerned seat belts; the Court's opinion in Nabors Well Services, Ltd. v. Loera, No. 13-0126, slip op. at 2–3 (Tex. Mar. 20, 2015), quotes its rule that relevant pre-occurrence, injury-causing conduct can be considered. Test relevance, reliability, and injury causation on the facts, including expert evidence where needed.
• UM/UIM and hit-and-run. Texas is a fault state. A cyclist is typically an "insured" under their own (or a resident relative's) auto policy; UM also responds to a hit-and-run / phantom vehicle. A UIM claim generally requires a judgment or a Brainard prerequisite establishing the tortfeasor's liability and damages before the UIM benefit is payable; structure the case accordingly.
• Exemplary damages. Gross negligence requires clear and convincing evidence (§ 41.003) and exemplary damages are capped under § 41.008 (generally the greater of (a) $200,000 or (b) two times economic damages plus noneconomic damages up to $750,000), with certain exceptions. Verify current figures and any applicable exceptions.
• Pleading specifics. Texas is a fair-notice pleading state. Plead the Rule 47 monetary range and the discovery control level. The Original Petition need not attach evidence; conform the pleadings as discovery develops.

19. SOURCES AND REFERENCES

• Texas Constitution and Statutes (official) — https://statutes.capitol.texas.gov/
• Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitations)
• Tex. Civ. Prac. & Rem. Code § 33.001, § 33.003, § 33.004, § 33.012, § 33.013 (proportionate responsibility)
• Tex. Transp. Code § 551.101 (bicycle rights and duties) — https://codes.findlaw.com/tx/transportation-code/transp-sect-551-101/
• Tex. Transp. Code § 545.053 (passing to the left at a safe distance) — https://codes.findlaw.com/tx/transportation-code/transp-sect-545-053/
• Tex. Transp. Code § 551.103 (riding to the right; exceptions); § 551.104 (bicycle brakes and nighttime lamps/reflectors) — https://tcss.legis.texas.gov/resources/TN/htm/TN.551.htm
• Nabors Well Services, Ltd. v. Loera, No. 13-0126, slip op. at 2–3 (Tex. Mar. 20, 2015) (quoting Romero on injury-causing conduct) — https://www.txcourts.gov/media/907937/130126.pdf
• Tex. Transp. Code § 545.152, § 545.151, § 545.153, § 545.155, § 545.062, § 545.351 (rules of the road) — https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm
• Municipal safe-passing / vulnerable-road-user ordinance (verify city/county code section)
• Tex. Civ. Prac. & Rem. Code § 41.003, § 41.008 (exemplary damages and cap)
• Texas Rules of Civil Procedure (Rules 47, 106, 108, 190, 216, 21, 21a)

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