Motorcycle Accident Complaint

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — INDIANA

IN THE [CIRCUIT / SUPERIOR] COURT OF [________________] COUNTY, INDIANA

Cause No. [________________]

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

Plaintiff, [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by counsel, for his/her Complaint against Defendants, alleges and states as follows:

I. PARTIES

1. Plaintiff is, and at all relevant times was, a resident of [COUNTY] County, Indiana, and was the operator of a motorcycle at the time of the collision described below.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is, and at all relevant times was, a resident of [COUNTY] County, Indiana, and was the operator of the motor vehicle that collided with Plaintiff's motorcycle.

3. Defendant [DEFENDANT OWNER / EMPLOYER NAME] ("Defendant Owner") is, and at all relevant times was, the owner of the vehicle operated by Defendant Driver and/or the employer of Defendant Driver, and is named for vicarious liability and negligent entrustment as set forth below.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action pursuant to Ind. Code § 33-29-1-1 (and the corresponding provisions governing Circuit Courts).

5. This Court has personal jurisdiction over Defendants because each resides in Indiana and/or committed the tortious acts giving rise to this action within Indiana.

6. Venue is preferred in this County pursuant to Indiana Trial Rule 75(A) because the Collision occurred in this County and/or one or more Defendants reside in this County.

III. GENERAL FACTUAL ALLEGATIONS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a [YEAR / MAKE / MODEL] motorcycle, traveling [DIRECTION] on [STREET / HIGHWAY] at or near [INTERSECTION] in [CITY], [COUNTY] County, Indiana (the "Collision").

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on the same or an intersecting roadway.

9. Plaintiff was operating the motorcycle with reasonable care, with its headlight illuminated, within the posted speed limit, and within his/her lane of travel.

10. Defendant Driver caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: turning left across Plaintiff's path of travel / failing to yield the right-of-way / making an unsafe lane change into Plaintiff's lane / following too closely / failing to keep a proper lookout].

11. Plaintiff is informed and believes, and on that basis alleges, that Defendant Driver "looked but failed to see" Plaintiff's plainly visible motorcycle and proceeded into Plaintiff's right-of-way, causing the Collision.

12. As a direct and proximate result of the Collision, Plaintiff was thrown from the motorcycle and sustained severe and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES].

13. The [Indiana State Police / Sheriff's Office / Police Department] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE — e.g., Ind. Code § 9-21-8-30].

14. Plaintiff received emergency and ongoing medical treatment at [HOSPITAL / PROVIDER] and has incurred, and will continue to incur, medical expenses, lost wages, and other damages.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver)

15. Plaintiff incorporates by reference paragraphs 1 through 14 as though fully set forth herein.

16. At all relevant times, Defendant Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care, to keep a proper lookout for motorcyclists, to obey Indiana's traffic laws, and to refrain from creating an unreasonable risk of harm to others lawfully using the roadway.

17. Defendant Driver breached that duty by, among other things:

a. Failing to keep a proper and careful lookout for Plaintiff's motorcycle;

b. Failing to yield the right-of-way to Plaintiff;

c. Turning left across the path of Plaintiff's oncoming motorcycle when it was unsafe to do so;

d. Making an improper or unsafe lane change into Plaintiff's lane of travel;

e. Following too closely;

f. Operating the vehicle at a speed greater than was reasonable and prudent under the conditions; and/or

g. Otherwise carelessly and negligently operating the vehicle.

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

V. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

19. Plaintiff incorporates by reference paragraphs 1 through 18 as though fully set forth herein.

20. At the time of the Collision, Defendant Driver violated one or more provisions of Indiana's motor-vehicle laws enacted for the protection of persons such as Plaintiff, including but not limited to:

• Ind. Code § 9-21-8-30 (Vehicle Turning Left): a person driving within an intersection intending to turn left "shall yield the right-of-way to a vehicle approaching from the opposite direction that is within the intersection or so close to the intersection as to constitute an immediate hazard";
• Ind. Code § 9-21-8-28 (Right-of-way at intersections);
• Ind. Code § 9-21-8-24 (Driving in marked lanes / safe lane changes);
• Ind. Code § 9-21-8-14 (Following Too Closely);
• Ind. Code § 9-21-5 (Speed Regulations); and/or
• [OTHER APPLICABLE PROVISION — verify exact section].

21. 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.

22. Defendant Driver's unexcused violation of these statutes constitutes negligence per se under Indiana law and was a proximate cause of Plaintiff's injuries and damages.

VI. COUNT III — RESPONDEAT SUPERIOR / NEGLIGENT ENTRUSTMENT

(Against Defendant Owner)

23. Plaintiff incorporates by reference paragraphs 1 through 22 as though fully set forth herein.

24. To the extent Defendant Driver operated the vehicle within the course and scope of employment or agency with Defendant Owner, Defendant Owner is vicariously liable under the doctrine of respondeat superior for the negligence of Defendant Driver.

25. In the alternative, Defendant Owner negligently entrusted the vehicle to Defendant Driver with actual or constructive knowledge that Defendant Driver was incompetent, inexperienced, reckless, or otherwise unfit to operate the vehicle safely, and such negligent entrustment was a proximate cause of Plaintiff's injuries and damages.

VII. DAMAGES

26. Plaintiff incorporates by reference paragraphs 1 through 25 as though fully set forth herein.

27. Economic Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical and rehabilitation expenses, lost wages and impaired earning capacity, property damage to the motorcycle and gear, and other out-of-pocket losses, in an amount to be proven at trial.

28. Noneconomic Damages. Plaintiff has suffered and will suffer physical pain and suffering, mental anguish, emotional distress, disfigurement and scarring, permanent impairment, and loss of enjoyment of life, in an amount to be proven at trial.

29. Enhanced Injuries. Plaintiff alleges that, as an exposed motorcycle operator, Plaintiff sustained injuries materially more severe than those typically suffered by occupants of enclosed vehicles, and seeks recovery for all injuries proximately caused by Defendants' negligence.

VIII. UNINSURED / UNDERINSURED MOTORIST NOTE

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been met, and that UM/UIM benefits due and owing remain unpaid.

IX. PRAYER FOR RELIEF

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

A. Awarding compensatory damages, both economic and noneconomic, in an amount to be proven at trial;

B. Awarding costs of this action and prejudgment and post-judgment interest as allowed by law;

C. Granting all other relief just and proper in the premises.

X. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to Indiana Trial Rule 38 and article 1, § 20 of the Indiana Constitution.

XI. SIGNATURE

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Atty. No. [________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], Indiana [ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. CERTIFICATE OF SERVICE (IF SERVED WITH OTHER FILINGS)

I certify that on [__/__/____], a copy of the foregoing was served on all parties of record in accordance with Indiana Trial Rule 5 and the Indiana E-Filing System.

[________________________________]
[ATTORNEY NAME]

XIII. SOURCES AND REFERENCES

• Ind. Code § 34-11-2-4 (Two-year limitation — personal injury) — https://law.justia.com/codes/indiana/title-34/article-11/chapter-2/section-34-11-2-4/
• Ind. Code § 34-51-2-6 (Comparative Fault Act — bar to recovery) — https://iga.in.gov/laws/2023/ic/titles/34#34-51-2-6
• Ind. Code § 9-21-8-30 (Vehicle turning left) — https://law.justia.com/codes/indiana/title-9/article-21/chapter-8/section-9-21-8-30/
• Ind. Code § 9-19-7-1 (Motorcycle helmet/eye protection — under-18) — https://law.justia.com/codes/indiana/title-9/article-19/chapter-7/section-9-19-7-1/
• Ind. Code § 9-21-8-28, 9-21-8-24, 9-21-8-14 (Right-of-way; lanes; following)
• Ind. Code § 27-7-5 (Uninsured/underinsured motorist coverage)
• Indiana Trial Rules 8, 38, 75 — https://www.in.gov/courts/rules/

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