Motorcycle Accident Complaint

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — COLORADO

DISTRICT COURT, [COUNTY] COUNTY, COLORADO

Court Address: [COURT STREET ADDRESS, CITY, CO ZIP]

Attorney for Plaintiff: [LAW FIRM NAME] — [ATTORNEY NAME], Atty. Reg. No. [____], [ADDRESS], [PHONE], [EMAIL]

Case No.: [____________] Division: [____] Courtroom: [____]

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) AND DEMAND FOR JURY TRIAL

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, complains against Defendants and alleges as follows:

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is, and at all relevant times was, a resident of [COUNTY] County, Colorado, and was the lawful operator of a [YEAR / MAKE / MODEL] motorcycle (the "Motorcycle").

2. Upon information and belief, Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is a resident of [COUNTY] County, Colorado, and may be served at [SERVICE ADDRESS]. At all relevant times, Defendant Driver operated a [YEAR / MAKE / MODEL] motor vehicle (the "Defendant Vehicle").

3. Upon information and belief, Defendant [DEFENDANT OWNER FULL LEGAL NAME] ("Defendant Owner") is a resident of [COUNTY] County, Colorado, and was the owner of the Defendant Vehicle who entrusted it to Defendant Driver.

4. This Court has subject-matter jurisdiction under Colo. Const. art. VI, § 9 and Colo. Rev. Stat. § 13-1-124 because the tort occurred in Colorado and the amount in controversy exceeds the County Court jurisdictional limit.

5. Venue is proper in this Court under C.R.C.P. 98(c) because one or more Defendants reside in this County and/or the tort occurred in this County.

6. This action is timely commenced within the three-year limitations period for tort actions arising out of the use or operation of a motor vehicle prescribed by Colo. Rev. Stat. § 13-80-101(1)(n).

7. Pursuant to C.R.C.P. 8(a), Plaintiff does not plead a specific dollar amount of damages but avers that the amount in controversy exceeds the jurisdictional limits of the County Court and that this matter is not governed by the simplified procedure of C.R.C.P. 16.1.

2. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully and prudently operating the Motorcycle, traveling [DIRECTION] on [STREET / HIGHWAY] at or near its intersection with [CROSS-STREET / LANDMARK] in [CITY/TOWN], [COUNTY] County, Colorado (the "Collision").

9. At all relevant times, Plaintiff operated the Motorcycle in compliance with Colorado law, including any applicable protective-equipment requirement.

10. At the same time and place, Defendant Driver was operating the Defendant Vehicle in the vicinity of Plaintiff and the Motorcycle.

11. Defendant Driver caused the Collision by negligently engaging in one or more of the following acts or omissions:

• [Left-turn-across-path] Defendant Driver turned the Defendant Vehicle left across Plaintiff's lawful path of travel at [INTERSECTION / DRIVEWAY] and failed to yield the right-of-way to the oncoming Motorcycle, which was within the intersection or so close as to constitute an immediate hazard, in violation of Colo. Rev. Stat. § 42-4-702;
• [Improper turn] Defendant Driver failed to approach and execute the turn from the proper lane and in the proper method required by Colo. Rev. Stat. § 42-4-901;
• ["Looked but failed to see"] Defendant Driver failed to maintain a proper lookout and failed to perceive the readily visible Motorcycle, later stating in substance that Defendant Driver "did not see the motorcycle";
• [Unsafe lane change] Defendant Driver moved the Defendant Vehicle from its lane into the Motorcycle's lane or path without first ascertaining that the movement could be made with safety, in violation of Colo. Rev. Stat. § 42-4-1007;
• [Careless driving] Defendant Driver operated the Defendant Vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the roadway, in violation of Colo. Rev. Stat. § 42-4-1402;
• [Inattention / distraction / unsafe speed] Defendant Driver was inattentive, distracted, followed too closely, and/or operated at an unsafe speed.

12. As a direct and proximate result of Defendant Driver's conduct, the Defendant Vehicle struck Plaintiff and/or the Motorcycle, throwing Plaintiff to the roadway and causing Plaintiff serious bodily injury, including but not limited to [DESCRIBE INJURIES — e.g., fractures, road rash/degloving, traumatic brain injury, internal injuries].

13. Because a motorcyclist lacks the structural protection of an enclosed passenger vehicle, the forces of the Collision caused Plaintiff to suffer enhanced and more severe injuries than would typically result from a comparable collision between two enclosed vehicles.

14. Following the Collision, [the Colorado State Patrol / the [CITY] Police Department] responded and [cited Defendant Driver for violation of Colo. Rev. Stat. § [SECTION] / determined Defendant Driver to be at fault].

15. Plaintiff received emergency care at [HOSPITAL] and has since undergone [SUMMARY OF TREATMENT], and Plaintiff's care and recovery are ongoing.

3. FIRST CLAIM FOR RELIEF — NEGLIGENCE

(Against Defendant Driver)

16. Plaintiff incorporates by reference Paragraphs 1 through 15 as though fully set forth herein.

17. Defendant Driver owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, including the duties to obey Colorado traffic laws, to keep a proper lookout for motorcyclists, to yield the right-of-way where required, and to operate the Defendant Vehicle at a safe and prudent speed.

18. Defendant Driver breached these duties by the acts and omissions alleged in Paragraph 11 above.

19. Defendant Driver's breaches were the direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

20. As a direct and proximate result, Plaintiff has sustained and will continue to sustain the damages described in Section 6 below, in amounts to be proven at trial.

4. SECOND CLAIM FOR RELIEF — NEGLIGENCE PER SE

(Against Defendant Driver)

21. Plaintiff incorporates by reference Paragraphs 1 through 20 as though fully set forth herein.

22. At the time of the Collision, Defendant Driver violated one or more provisions of the Colorado traffic code enacted to protect the class of persons to which Plaintiff belongs (motorcyclists and other roadway users) against the type of harm Plaintiff suffered, including but not limited to:

• Colo. Rev. Stat. § 42-4-702 (failure to yield the right-of-way when turning left);
• Colo. Rev. Stat. § 42-4-901 (improper position/method of turning);
• Colo. Rev. Stat. § 42-4-1007 (failure to maintain a single lane / unsafe lane change);
• Colo. Rev. Stat. § 42-4-1402 (careless driving);
• [OTHER TRAFFIC STATUTE CITED OR APPLICABLE].

23. Plaintiff was within the class of persons the statutes were designed to protect, and the Collision and Plaintiff's injuries are the type of harm the statutes were designed to prevent.

24. Defendant Driver's statutory violations constitute negligence per se and were a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

5. THIRD CLAIM FOR RELIEF — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

25. Plaintiff incorporates by reference Paragraphs 1 through 24 as though fully set forth herein.

26. Defendant Owner owned the Defendant Vehicle and entrusted it to Defendant Driver with actual or constructive knowledge that Defendant Driver was an incompetent, inexperienced, impaired, or reckless operator.

27. Alternatively, to the extent Defendant Driver operated the Defendant Vehicle within the course and scope of an employment or agency relationship with Defendant Owner, Defendant Owner is vicariously liable for Defendant Driver's negligence under the doctrine of respondeat superior.

28. As a direct and proximate result of Defendant Owner's negligent entrustment and/or vicarious liability, Plaintiff has sustained the damages alleged herein.

6. DAMAGES

29. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and will continue to sustain the following damages, in amounts to be proven at trial:

• a. Past and future medical and related expenses — hospital, surgical, physician, ambulance, rehabilitative, pharmaceutical, and assistive-device costs;
• b. Future care — anticipated surgeries, attendant care, physical therapy, and life-care needs;
• c. Lost earnings and impaired earning capacity — past wage loss and future diminished earning capacity;
• d. Noneconomic damages — past and future physical pain and suffering, mental anguish and emotional distress, inconvenience, and loss of enjoyment of life, subject to the cap in Colo. Rev. Stat. § 13-21-102.5;
• e. Permanent physical impairment and/or disfigurement — including disfigurement associated with road rash and surgical scarring (which is not subject to the noneconomic cap);
• f. Property damage — to the Motorcycle and Plaintiff's riding gear, including diminution in value and loss of use; and
• g. Prejudgment and postjudgment interest as provided by Colo. Rev. Stat. § 13-21-101, and costs.

30. If the evidence demonstrates that Defendant Driver's conduct was attended by circumstances of fraud, malice, or willful and wanton conduct, Plaintiff reserves the right to seek leave to add a claim for exemplary damages pursuant to Colo. Rev. Stat. § 13-21-102, subject to its statutory limitations.

7. COMPARATIVE FAULT, HELMET, AND LANE-FILTERING NOTE

31. Colorado follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, Plaintiff's recovery is to be diminished only in proportion to any negligence attributable to Plaintiff that is less than the negligence of the Defendants, pursuant to Colo. Rev. Stat. § 13-21-111. Plaintiff exercised due care at all relevant times.

8. UNINSURED / UNDERINSURED MOTORIST NOTE

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, as follows:

A. For all economic, noneconomic, and physical-impairment damages proven at trial;
B. For prejudgment and postjudgment interest at the statutory rate;
C. For costs of suit as allowed under C.R.C.P. 54(d) and Colo. Rev. Stat. § 13-16-104;
D. For leave to seek exemplary damages if supported by the evidence; and
E. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable under C.R.C.P. 38. The requisite jury fee is tendered herewith. Colorado does not recognize a constitutional right to a civil jury trial.

11. VERIFICATION

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Complaint, know its contents, and that the same is true to the best of my knowledge, information, and belief.

Date: [__/__/____]

[________________________________]

[PLAINTIFF FULL LEGAL NAME]

12. SIGNATURE BLOCK

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

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Atty. Reg. No. [____]

[STREET ADDRESS] | [CITY, CO ZIP]

Telephone: [(___) ___-____] | Email: [____________]

Attorney for Plaintiff

13. SOURCES AND REFERENCES

• Colo. Rev. Stat. § 13-80-101(1)(n) (three-year limitations — bodily-injury/property-damage torts arising out of use/operation of a motor vehicle) — https://leg.colorado.gov/
• Colo. Rev. Stat. § 13-80-102 (general two-year tort limitations; expressly excludes motor-vehicle torts)
• Colo. Rev. Stat. § 13-21-111 (comparative negligence — modified 50% bar)
• Colo. Rev. Stat. § 13-21-102 (exemplary damages); § 13-21-102.5 (noneconomic-damages cap); § 13-21-101 (interest)
• Colo. Rev. Stat. § 13-1-124 (jurisdiction over tort committed in Colorado)
• Colo. Rev. Stat. § 42-4-702 (vehicle turning left — yield right-of-way; class A traffic infraction)
• Colo. Rev. Stat. § 42-4-901 (required position and method of turning)
• Colo. Rev. Stat. § 42-4-1007 (driving on roadways laned for traffic)
• Colo. Rev. Stat. § 42-4-1402 (careless driving)
• Colo. Rev. Stat. § 42-4-1502 (motorcycle/autocycle protective helmet — riders under 18; eye protection)
• Colo. Rev. Stat. § 42-4-1503 (operation of motorcycles; lane-filtering authorization, SB 24-079, eff. Aug. 7, 2024)
• Colo. Rev. Stat. § 10-4-609 (uninsured/underinsured motorist coverage)
• C.R.C.P. 8 (pleading), 38 (jury), 98 (venue), 54(d) (costs), 16.1 (simplified procedure)
• 2024 Model Traffic Code for Colorado (CDOT) — https://www.codot.gov/

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