Bicycle Accident Complaint - Utah

BICYCLE ACCIDENT COMPLAINT — UTAH

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Violation of Safety Law (Against Defendant Driver)
6. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Comparative Fault Allegation
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Reservation of Rights
12. Signature Block
13. Verification and Rule 11 Certification
14. Certificate of Service
15. Utah Practice Notes
16. Sources and References

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF UTAH

IN AND FOR [COUNTY] COUNTY

CIVIL NO. [________]

JUDGE: [____________]

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 adult resident of [COUNTY] County, Utah, 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 adult resident of [COUNTY / STATE] and may be served with process at [SERVICE ADDRESS] pursuant to Rule 4, Utah R. Civ. P.

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. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

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

5. This District Court has original jurisdiction over this civil tort action under Utah Code § 78A-5-102(1), subject to any constitutional or statutory exception.

6. This Court has personal jurisdiction over Defendants because they reside in this State and/or the acts and omissions giving rise to this action occurred within Utah.

7. Venue is proper in this Court under Utah Code § 78B-3a-201 because [the cause of action arose in [COUNTY] County, Utah / a Defendant resided in [COUNTY] County when this action began], subject to any applicable statutory exception.

8. If Utah Code § 78B-2-307(4)'s residual period governs this claim, identify why no more specific period provides for the relief and plead the independently verified accrual facts: [________________________________].

3. GENERAL FACTUAL ALLEGATIONS

9. 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], Utah (the "Collision").

10. Plaintiff was riding in a lawful and prudent manner — [as near to the right side of the roadway as practicable as contemplated by Utah Code § 41-6a-1105 / 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 or lamp as contemplated by Utah Code § 41-6a-1114.

11. 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.

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

13. 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"); 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].

14. 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.

15. Plaintiff had the right-of-way and was operating the bicycle in a lawful, prudent, and careful manner at all material times.

16. 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].

17. 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.

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

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

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

20. Plaintiff realleges and incorporates the preceding paragraphs as if fully set forth herein.

21. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Utah 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.

22. 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 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.

23. 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.

24. As a direct and proximate result, Plaintiff has sustained the damages described in Section 8 below.

5. COUNT II — VIOLATION OF SAFETY LAW (Against Defendant Driver)

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

26. The Utah 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:

• Utah Code § 41-6a-1102 — a person operating a bicycle is granted all of the rights and is subject to all of the duties applicable to the operator of any other vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the rules of the road;
• Utah Code § 41-6a-706.5 — an operator of a motor vehicle may not knowingly, intentionally, or recklessly operate the vehicle within three feet of a moving bicycle (unless at a reasonable and safe distance), and may not distract a bicyclist or attempt to force a bicyclist off the roadway, for the protection of a vulnerable user of a highway;
• Utah Code § 41-6a-902 — duties to stop and yield at stop signs and to slow or stop and yield at yield signs;
• Utah Code § 41-6a-903 — duties to yield when turning left, entering a highway from a place other than another highway, or merging;
• Utah Code § 41-6a-711 — a driver shall not follow another vehicle more closely than is reasonable and prudent; and
• Utah Code § 41-6a-704 — duties governing overtaking, passing, and lane use.

27. 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.

28. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE] [and was cited for [TRAFFIC CITATION, IF ANY]]. The violation is evidence of fault under Utah law unless excused. The violation caused Plaintiff's injuries and damages as alleged above.

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

29. Plaintiff realleges and incorporates the preceding paragraphs 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 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. COMPARATIVE FAULT ALLEGATION

33. Plaintiff was free from negligence and did nothing, and failed to do nothing, that proximately caused or contributed to the Collision.

34. In the alternative, and without admitting any fault, pursuant to Utah Code §§ 78B-5-818 and 78B-5-819, the combined fault of the Defendant or Defendants from whom recovery is sought, persons immune from suit, and nonparties to whom fault is allocated exceeds any fault attributable to Plaintiff before any § 78B-5-819(2) reallocation. Plaintiff seeks recovery subject to the fault findings required by law.

8. DAMAGES

Rule 26 discovery tier: Plaintiff does not plead a damages amount and pleads that the damages qualify for Tier [1 / 2 / 3 — select one] under Utah R. Civ. P. 8(a) and 26(c)(3).

35. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Special (economic) damages: past and future medical expenses (emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care); past lost wages and future loss of earning capacity; and property damage to the bicycle, cycling gear, helmet, electronics, and personal effects, including loss of use;
• General (non-economic) damages: physical pain, suffering, mental anguish, inconvenience, emotional distress, and loss of enjoyment of life, past and future;
• Permanent physical impairment and disfigurement, including scarring from road rash and surgical intervention; and
• Pre-judgment and post-judgment interest as allowed by law, and costs of suit.

35A. For general damages arising from this collision with an automobile, Plaintiff [SELECT AND STATE FACTS: has or is required to have direct benefit PIP coverage and sustained a bone fracture / objectively supported permanent disability or impairment / permanent disfigurement / dismemberment / medical expenses exceeding $3,000; OR makes an uninsured motorist claim; OR neither has nor is required to have direct benefit PIP coverage]. See Utah Code § 31A-22-309(1)(a)–(b).

36. Plaintiff pleads each category of damage separately and in the alternative. If compensatory or general damages are awarded and clear and convincing evidence establishes that Driver Defendant acted willfully and maliciously, intentionally fraudulently, or with knowing and reckless indifference toward and disregard of others' rights, Plaintiff seeks punitive damages under Utah Code § 78B-8-201.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff's favor and against each Defendant in proportion to that Defendant's allocated fault under Utah Code § 78B-5-818(3), as follows:

• A. For general and special damages in amounts to be determined at trial;
• B. For punitive damages as allowed by Utah Code § 78B-8-201, if proven;
• C. For pre-judgment and post-judgment interest as allowed by law;
• D. For costs of suit; and
• E. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Pursuant to Article I, § 10 of the Utah Constitution and Rule 38, Utah R. Civ. P., Plaintiff demands a trial by jury on all issues so triable.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add or substitute parties, claims, or damages as discovery progresses and as permitted by Rule 15, Utah R. Civ. P.

12. SIGNATURE BLOCK

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

/s/ [________________________________]

[ATTORNEY NAME] (Utah Bar No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION AND RULE 11 CERTIFICATION

I, [PLAINTIFF NAME], have read the foregoing Complaint. I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

Signed on [__/__/____], at [CITY OR OTHER LOCATION, STATE OR COUNTRY].

[________________________________]

[PLAINTIFF NAME], Plaintiff

Attorney Certification (Rule 11, Utah R. Civ. P.). I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, this pleading is not presented for any improper purpose, the claims are warranted by existing law or a nonfrivolous argument for its extension, and the factual contentions have evidentiary support.

/s/ [________________________________]

[ATTORNEY NAME]

14. CERTIFICATE OF SERVICE

The original Complaint, summons, and required initial-process papers must be served on each new Defendant under Utah R. Civ. P. 4, not Rule 5. Complete the Rule 4 proof of service using the actual server, method, date, recipient, and address. Use Rule 5 only for a separate later-paper service on an existing party.

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

/s/ [________________________________]

[ATTORNEY NAME]

15. UTAH PRACTICE NOTES

• Statute of limitations. Use § 78B-2-307(4)'s four-year residual only when relief is not otherwise provided for by law, after verifying claim classification, defendant, accrual, and any more specific period.
• MODIFIED COMPARATIVE FAULT — the central liability issue. Under Utah Code § 78B-5-818, a claimant's fault does not alone bar recovery, but the claimant recovers only from defendants whose fault, combined with allocated immune-person and nonparty fault, exceeds the claimant's fault. The practical effect is a 50% bar: a 50/50 split bars recovery, and any claimant at 50% or more is barred. Recovery is reduced by the claimant's percentage. Fault is allocated under § 78B-5-819, and Utah is generally a several-liability (not joint-and-several) state for fault apportionment. In a bicycle case the defense will attack lane position, conspicuity, lighting, and signal phase; build the freedom-from-fault record early (see ¶¶ 10, 15, 33).
• The cyclist's rights and duties. Utah Code § 41-6a-1102 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a vehicle operator. Reciprocal cyclist duties include riding as near to the right as practicable subject to the exceptions in § 41-6a-1105 (passing, left turns, avoiding hazards, narrow lanes) and operating with a lighted front lamp and rear reflector/lamp at night (§ 41-6a-1114). A violation of these duties supplies the defense's comparative-fault theory; investigate lane position and lighting.
• Three-foot safe passing — citation caution. Utah's three-foot passing requirement is in Utah Code § 41-6a-706.5, the "vulnerable user of a highway" statute, which prohibits an operator from knowingly, intentionally, or recklessly operating a motor vehicle within three feet of a moving bicycle unless operating within a reasonable and safe distance, and separately prohibits distracting a cyclist or attempting to force a cyclist off the roadway. Note the scienter language ("knowingly, intentionally, or recklessly") and the "reasonable and safe distance" qualifier; confirm the operative subsection and current wording before pleading it as the negligence-per-se predicate, and rely on the general duty of reasonable care (Count I) where the per se elements are not squarely met.
• Helmet non-use. Utah Code § 41-6a-1505(1) requires protective headgear for riders under 21 on the listed devices, including electric assisted bicycles and motor assisted scooters, subject to the exceptions in subsection (3). Subsection (6) bars using failure to wear protective headgear as comparative fault or as evidence on negligence, injuries, or mitigation of damages in civil litigation. The section does not impose a helmet requirement on an adult riding an ordinary bicycle.
• 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 the UM/UIM coverage of a resident relative's policy — even though the cyclist was not in a vehicle, 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. Utah PIP can cover a struck cyclist as a named insured or resident relative under § 31A-22-308(1)–(2). Section 31A-22-308(3)(b) also covers an eligible pedestrian injured by an insured vehicle in Utah; assess the cyclist's status and every potentially applicable policy. 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.
• Punitive damages. Punitive damages require compensatory or general damages and clear and convincing evidence of willful and malicious conduct, intentional fraud, or knowing and reckless indifference toward and disregard of others’ rights (Utah Code § 78B-8-201) and are subject to a bifurcation procedure and a statutory allocation of a portion of the award to the State; verify current procedure before relying on it.
• Service. Service is governed by Rule 4, Utah R. Civ. P. Out-of-state defendants may be served under Utah's long-arm statute (Utah Code § 78B-3-205).

16. SOURCES AND REFERENCES

• Utah Code (Title 78B — Judicial Code; Title 41 — Motor Vehicles) — https://le.utah.gov/xcode/
• Utah Code § 78B-2-307 (four-year limitations) — https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html
• Utah Code § 78B-5-818 (comparative fault), § 78B-5-819 (allocation of fault) — https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S818.html
• Utah Code § 41-6a-1102 (bicyclist's rights and duties) — https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1102.html
• Utah Code § 41-6a-706.5 (operation near a vulnerable user — three-foot rule) — https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S706.5.html
• Utah Code § 41-6a-1105 (operation of bicycle on roadway); § 41-6a-1114 (lamps and reflectors)
• Utah Code § 41-6a-902, § 41-6a-903, § 41-6a-711, § 41-6a-704 (rules of the road / right-of-way)
• Utah Code § 41-6a-1505 (protective headgear for riders under 21 on listed devices; civil evidence rule)
• Utah Model Civil Jury Instruction CV602 (violation of a safety law) — https://legacy.utcourts.gov/muji/inc-inst.php?inst=534&cat=1
• Utah Code § 78B-8-201 (punitive damages); § 78A-5-102 (District Court jurisdiction); § 78B-3a-201 (venue)
• Utah Rules of Civil Procedure (Rules 4, 5, 8, 11, 15, 38)

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