Motorcycle Accident Complaint - District of Columbia

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — DISTRICT OF COLUMBIA

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.

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 — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Verification
11. Signature and Service Blocks
12. District of Columbia Practice Notes
13. Sources and References

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No. [____________]

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

Plaintiff, by and through undersigned counsel, complaining of Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual and, at all relevant times, was a resident of [JURISDICTION] and the operator of a [YEAR / MAKE / MODEL] motorcycle (the "Motorcycle").

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is an adult individual who, at all relevant times, operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") and may be served pursuant to D.C. Super. Ct. Civ. R. 4 at [SERVICE ADDRESS].

3. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] who/that, at all relevant times, was the titled owner of the Subject Vehicle and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This Court has subject-matter jurisdiction over this civil action pursuant to D.C. Code § 11-921.

5. Each Defendant is subject to this Court's personal jurisdiction because [STATE THE DEFENDANT-SPECIFIC BASIS: domicile, organization or principal place of business in the District under D.C. Code § 13-422; or a claim arising from District business or an act or omission causing injury in the District under § 13-423(a)(1) or (3)].

6. The collision giving rise to this action (the "Collision") occurred within the District of Columbia, and this action is brought in the Superior Court of the District of Columbia.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating the Motorcycle in a [DIRECTION] direction on [STREET / ROADWAY] at or near its intersection with [CROSS STREET / LOCATION] in the District of Columbia.

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, in the same vicinity.

9. Defendant Driver negligently [DESCRIBE CONDUCT — e.g., turned left across Plaintiff's lane of travel, failed to yield the right-of-way, failed to keep a proper lookout, misjudged the Motorcycle's speed and distance, opened a door into the path of the Motorcycle], causing the Subject Vehicle to collide with the Motorcycle.

10. Plaintiff was operating the Motorcycle with due care, in a lawful manner, at a reasonable speed, and with the Motorcycle's headlamp illuminated and otherwise visible.

11. As a direct and proximate result of the Collision, Plaintiff was thrown from and/or pinned beneath the Motorcycle and sustained serious bodily injuries, including but not limited to [LIST INJURIES — e.g., fractures, road rash/degloving, traumatic brain injury, spinal injury].

12. The investigating officer of the [Metropolitan Police Department] responded to the scene and [cited Defendant Driver for violation of [TRAFFIC PROVISION] / prepared report No. (____)] (the "Traffic Violation").

13. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY], with care continuing.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

14. Plaintiff realleges and incorporates Paragraphs 1 through 13 as though fully set forth herein.

15. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care, to obey the traffic laws and regulations of the District of Columbia, and to keep a proper lookout for motorcyclists and other users of the roadway.

16. Defendant Driver breached that duty by one or more of the following acts or omissions:

• Failing to yield the right-of-way to the oncoming Motorcycle;
• Turning left across Plaintiff's lane of travel when it was unsafe to do so;
• Failing to keep a proper and careful lookout for motorcyclists;
• Operating the Subject Vehicle at an excessive or imprudent speed;
• Failing to maintain control of the Subject Vehicle;
• Operating the Subject Vehicle while distracted and/or inattentive; and/or
• Otherwise failing to exercise reasonable care under the circumstances.

17. Defendant Driver's breaches were the actual and proximate cause of the Collision and of the injuries and damages set forth herein.

18. As a direct and proximate result, Plaintiff has suffered the damages described in Section 7 below.

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

19. Plaintiff realleges and incorporates Paragraphs 1 through 18 as though fully set forth herein.

20. [If supported by the facts: Defendant Driver turned left across Plaintiff's approaching Motorcycle when it was so close as to constitute an immediate hazard, violating the duty to yield the right of way under 18 DCMR § 2208.2.]

21. Defendant Driver violated [18 DCMR § ____ / D.C. Code § ____], a safety statute or regulation enacted to protect the class of persons to which Plaintiff belongs (motorcyclists and other roadway users) against the type of harm that occurred.

22. The alleged safety-rule violation proximately caused the type of injury the rule was designed to prevent and supports a rebuttable presumption of negligence under District of Columbia law, subject to any evidence of reasonable efforts to comply.

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

23. Plaintiff realleges and incorporates Paragraphs 1 through 22 as though fully set forth herein.

24. At the time of the Collision, Defendant Driver operated Defendant Owner's vehicle on a District public highway with Defendant Owner's express or implied consent. Under D.C. Code § 50-1301.08, Defendant Driver is deemed Defendant Owner's agent for the accident.

25. In the alternative, Defendant Owner entrusted the Subject Vehicle to Defendant Driver with actual or constructive knowledge of Defendant Driver's incompetence, inexperience, or reckless propensities, and such negligent entrustment was a proximate cause of the Collision and Plaintiff's damages.

26. Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver.

7. DAMAGES

27. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and seeks recovery of:

• Economic damages: past and future medical, hospital, surgical, rehabilitative, and related expenses; past lost earnings; future lost earnings and diminished earning capacity; and property damage to the Motorcycle and personal protective equipment.
• Non-economic damages: past and future physical pain and suffering, mental anguish, disfigurement and permanent scarring (including road-rash scarring), permanent impairment, and loss of enjoyment of life.
• Pre-judgment and post-judgment interest and costs as allowed by law.

28. Plaintiff seeks damages in an amount to be proven at trial.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against Defendants, jointly and severally, for compensatory damages in an amount to be determined at trial;
• B. Award pre-judgment and post-judgment interest and costs as allowed by law;
• C. Grant such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to D.C. Super. Ct. Civ. R. 38.

10. VERIFICATION

DISTRICT OF COLUMBIA, ss:

I, [PLAINTIFF NAME], having been first duly sworn, state that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint, and that the matters stated therein are true to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My commission expires: [_______________]

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. DISTRICT OF COLUMBIA PRACTICE NOTES

• Negligence regime — contributory negligence and the motorcycle exception. D.C. Code § 50-2204.51(13) includes a motorcycle or motor-driven cycle user. For a covered collision on a public highway or sidewalk, § 50-2204.52(a)(1) bars recovery only if the plaintiff's negligence proximately caused the injury and exceeded the aggregated negligence of defendants that proximately caused it. Plead the location and user facts; plead due care or last clear chance where supported.
• Residual limitation — 3 years if applicable. D.C. Code § 12-301(8); confirm no specially prescribed period controls.
• No-fault / PIP. PIP is optional under § 31-2404. A victim electing PIP benefits must notify the insurer within 60 days under § 31-2405(a), and § 31-2405(b) restricts a tort action unless a listed condition applies. Check the plaintiff's policy, election, and injuries. Under § 31-2406(c-1), insurers need not offer optional underinsured coverage for motorcycle or motor-driven-cycle operation; check the actual policy terms.
• Helmet law. Every motorcycle or motor-driven-cycle operator and passenger must wear an approved protective helmet under 18 DCMR § 2215.3, regardless of age.
• Forum and service. D.C. Code § 11-921 supplies Superior Court civil jurisdiction; confirm the current division assignment. Service proceeds under D.C. Super. Ct. Civ. R. 4.

13. SOURCES AND REFERENCES

• D.C. Code § 11-921 (Superior Court civil jurisdiction) — https://code.dccouncil.gov/us/dc/council/code/sections/11-921
• D.C. Code § 12-301(8) (3-year residual limitation where no other period is specially prescribed)
• D.C. Code § 50-2204.51 (Definitions; "vulnerable user" includes motorcycle) — https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.51
• D.C. Code § 50-2204.52 (Contributory-negligence limitation) — https://code.dccouncil.gov/us/dc/council/code/sections/50-2204.52
• Vulnerable User Collision Recovery Amendment Act of 2020, D.C. Law 23-183
• 18 DCMR § 2215 (Riding on motorcycles); 18 DCMR § 2208 (right-of-way / turning movements)
• 18 DCMR § 2215.3 (motorcycle and motor-driven-cycle helmet requirement) — https://dcregs.dc.gov/Common/DCMR/SectionList.aspx?SectionNumber=18-2215
• D.C. Code §§ 31-2404 to 31-2406 (PIP election and UM/UIM coverage)
• D.C. Code §§ 13-422 and 13-423 (personal jurisdiction) — https://code.dccouncil.gov/us/dc/council/code/sections/13-423
• Asal v. Mina, Nos. 18-CV-534, 19-CV-642, 19-CV-643 (D.C. Mar. 18, 2021) (safety-rule violation and rebuttable presumption)
• Young v. U-Haul Co. of D.C., 11 A.3d 247 (D.C. 2011) (negligent entrustment)
• D.C. Super. Ct. Civ. R. 4, 8, 10, 38

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in the District of Columbia must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities — including the application of D.C. Code § 50-2204.52 to motorcyclists — before use.