Motorcycle Accident Complaint

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — DELAWARE

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION)

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

1. PARTIES

1. Plaintiff is, and at all relevant times was, an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP], and was the lawful operator of a [YEAR / MAKE / MODEL] motorcycle (the "Motorcycle").

2. Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is, upon information and belief, an individual domiciled at [ADDRESS], and at all relevant times was the operator of a [YEAR / MAKE / MODEL] motor vehicle (the "Defendant Vehicle").

3. Defendant [DEFENDANT OWNER FULL LEGAL NAME] ("Defendant Owner") is, upon information and belief, [an individual domiciled at / an entity with its principal place of business at] [ADDRESS], and at all relevant times was the owner of the Defendant Vehicle who entrusted it to Defendant Driver.

2. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541 because all claims sound in tort and the amount in controversy exceeds the jurisdictional limit of the Court of Common Pleas.

5. This Court has personal jurisdiction over each Defendant because each Defendant resides in, is organized under the laws of, and/or operated a motor vehicle upon the roadways of the State of Delaware causing the injuries alleged herein.

6. Venue is proper in this County because the Collision occurred in this County and/or one or more Defendants reside or conduct business here.

7. This action is timely commenced within the two-year limitations period prescribed by 10 Del. C. § 8119.

3. FACTUAL ALLEGATIONS

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

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

10. At all relevant times, Plaintiff operated the Motorcycle in compliance with Delaware law and the Delaware Rules of the Road and exercised due care.

11. The Collision was caused by the negligence of Defendant Driver, who, in one or more of the following ways:

• [Left-turn-across-path] turned the Defendant Vehicle left within an intersection or into a driveway across Plaintiff's lawful path of travel and failed to yield the right-of-way to the oncoming Motorcycle, which was so close as to constitute an immediate hazard, in violation of 21 Del. C. § 4132;
• [Failure to yield] failed to yield the right-of-way to the Motorcycle when entering or crossing the roadway, in violation of 21 Del. C. §§ 4131 and 4133;
• ["Looked but failed to see"] failed to keep a proper lookout for motorcyclists and failed to perceive the readily visible Motorcycle, later stating in substance that Defendant Driver "did not see the motorcycle";
• [Unsafe lane change] 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 21 Del. C. § 4122;
• [Unsafe speed] operated the Defendant Vehicle at a speed greater than was reasonable and prudent under the conditions, in violation of 21 Del. C. § 4168;
• [Following too closely / inattention / distraction] followed too closely, was inattentive, distracted, and/or failed to maintain proper control of the Defendant Vehicle.

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 Delaware State Police / the [CITY] Police Department] responded and [cited Defendant Driver for violation of 21 Del. C. § [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.

16. Plaintiff's losses exceed the minimum personal-injury-protection (PIP) benefits required by 21 Del. C. § 2118, thereby permitting this tort action for noneconomic damages and additional economic damages.

4. COUNT I — NEGLIGENCE

(Against Defendant Driver)

17. Plaintiff realleges and incorporates by reference Paragraphs 1 through 16 as though fully set forth herein.

18. Defendant Driver owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, including the duties to obey the Delaware Rules of the Road, 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.

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

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

21. As a direct and proximate result, Plaintiff has sustained and will continue to sustain the damages described in Count IV below, in an amount exceeding [$ JURISDICTIONAL THRESHOLD], exclusive of interest and costs.

5. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

22. Plaintiff realleges and incorporates by reference Paragraphs 1 through 21 as though fully set forth herein.

23. At the time of the Collision, Defendant Driver violated one or more provisions of the Delaware Motor Vehicle Code (21 Del. C.) 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:

• 21 Del. C. § 4132 (failure to yield the right-of-way when turning left);
• 21 Del. C. § 4131 / § 4133 (failure to yield right-of-way at/entering intersection or roadway);
• 21 Del. C. § 4122 (failure to drive within a single lane / unsafe lane change);
• 21 Del. C. § 4168 (unsafe speed); and
• [OTHER MOTOR-VEHICLE CODE SECTION CITED OR APPLICABLE].

24. 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.

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

6. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

26. Plaintiff realleges and incorporates by reference Paragraphs 1 through 25 as though fully set forth herein.

27. 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.

28. 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.

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

7. COUNT IV — DAMAGES

30. As a direct and proximate result of Defendants' conduct, Plaintiff seeks all damages recoverable under Delaware law, including:

• 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 wages and diminished earning capacity — past and future;
• d. Pain, suffering, mental anguish, disability, and loss of enjoyment of life — past and future;
• e. Permanent injury, scarring, and disfigurement — including disfigurement associated with road rash and surgical scarring;
• f. Property damage — to the Motorcycle and Plaintiff's riding gear, including diminution in value and loss of use;
• g. Prejudgment and postjudgment interest as allowed by law; and
• h. Court costs and allowable litigation expenses.

8. COMPARATIVE NEGLIGENCE, HELMET, AND LANE-SPLITTING NOTE

31. Delaware follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, any such negligence shall diminish Plaintiff's recovery in proportion to such percentage but shall not bar recovery unless Plaintiff's negligence was greater than the negligence of the Defendant or the combined negligence of all Defendants (10 Del. C. § 8132). Plaintiff exercised due care and was not more than fifty percent (50%) responsible for the Collision.

9. UNINSURED / UNDERINSURED MOTORIST NOTE

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. Awarding punitive damages where warranted by the evidence;
3. Awarding prejudgment and postjudgment interest;
4. Awarding costs of suit and allowable litigation expenses; and
5. Granting such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

12. ATTORNEY CERTIFICATION (Del. Super. Ct. Civ. R. 11)

The undersigned counsel certifies that this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in accordance with Del. Super. Ct. Civ. R. 11.

13. VERIFICATION

STATE OF DELAWARE, COUNTY OF [____]:

Before me personally appeared [PLAINTIFF FULL LEGAL NAME], who, being duly sworn, deposes and says that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts stated therein are true and correct to the best of his/her knowledge and belief.

[________________________________]

[PLAINTIFF FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — My commission expires: [_______________]

14. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____])

[LAW FIRM NAME]

[STREET ADDRESS] | [CITY, DE ZIP]

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

Attorney for Plaintiff

Dated: [__/__/____]

15. SOURCES AND REFERENCES

• 10 Del. C. § 8119 (two-year limitations — personal injuries) — https://delcode.delaware.gov/
• 10 Del. C. § 8132 (comparative negligence — modified, 51% bar)
• 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. § 4132 (vehicle turning left — duty to yield right-of-way to oncoming traffic constituting an immediate hazard)
• 21 Del. C. § 4131 (vehicle approaching/entering intersection — right-of-way); § 4133 (vehicle entering roadway)
• 21 Del. C. § 4122 (driving on roadways laned for traffic — single lane; ascertain safety before moving)
• 21 Del. C. § 4168 (speed — reasonable and prudent / basic speed rule)
• 21 Del. C. § 4185 (motorcycle operation; helmet and eye-protection requirements — wear required under 19 and for newly-endorsed riders; possession + eye protection otherwise)
• 21 Del. C. § 2118 (personal-injury-protection / no-fault coverage)
• 18 Del. C. § 3902 (uninsured/underinsured motorist coverage)
• Del. Super. Ct. Civ. R. 8 (pleading), 11 (certification), 15 (amendment), 38 (jury demand)
• Helm v. 206 Mass. Ave., LLC, 107 A.3d 1074 (Del. 2014) (comparative negligence)

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