Motorcycle Accident Complaint - Maine

COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION) — MAINE

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. Signature and Service Blocks
11. Maine Practice Notes
12. Sources and References

1. CAPTION

STATE OF MAINE

[COUNTY NAME], ss.

SUPERIOR COURT

CIVIL ACTION

DOCKET NO. [________________________________]

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

NOW COMES the Plaintiff, by and through undersigned counsel, and complaining of the Defendants alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual residing in [MUNICIPALITY], [COUNTY] County, Maine.

2. Defendant [DRIVER NAME] ("Defendant Driver") is an individual residing in [MUNICIPALITY / STATE] and may be served with process at [SERVICE ADDRESS].

3. Defendant [OWNER NAME] ("Defendant Owner") is [an individual residing in / a business entity organized under the laws of] [MUNICIPALITY / STATE] and was, at all relevant times, the titled owner of the motor vehicle operated by Defendant Driver.

4. This Court has subject-matter jurisdiction over this civil action pursuant to 4 M.R.S. § 105.

5. Venue is proper in this County under 14 M.R.S. § 501 et seq. because the Collision occurred in, and/or one or more parties reside in, [COUNTY] County, Maine.

3. GENERAL FACTUAL ALLEGATIONS

6. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a [YEAR / MAKE / MODEL] motorcycle, traveling [DIRECTION] on [ROADWAY] at or near its intersection with [CROSS-STREET] in [MUNICIPALITY], [COUNTY] County, Maine (the "Collision").

7. At all material times, Plaintiff operated the motorcycle in a careful and prudent manner, maintained a proper lookout, traveled at a lawful speed, displayed an illuminated headlamp as required by 29-A M.R.S. § 2062, and obeyed all applicable traffic laws.

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner.

9. Defendant Driver negligently [DESCRIBE CONDUCT — e.g., turned left across Plaintiff's path of travel without yielding the right of way; failed to keep a proper lookout; followed too closely; misjudged the speed and distance of an approaching motorcycle], causing Defendant Driver's vehicle to violently collide with Plaintiff and Plaintiff's motorcycle.

10. The Collision was caused by Defendant Driver's failure to detect, yield to, and account for Plaintiff's motorcycle — a hazard inherent to motorists who fail to appreciate the smaller visual profile and approach speed of a motorcycle.

11. The [Maine State Police / [Local] Police Department / Sheriff's Office] investigated the Collision and [cited Defendant Driver for violation of 29-A M.R.S. § [SECTION] / determined Defendant Driver to be at fault].

12. As a direct and proximate result of the Collision, Plaintiff was thrown from the motorcycle and sustained serious bodily injuries, including [DESCRIBE INJURIES — e.g., fractures, road rash, traumatic brain injury, internal injuries], requiring emergency transport to [HOSPITAL] and subsequent medical care.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

13. Plaintiff realleges and incorporates Paragraphs 1 through 12 as though fully set forth herein.

14. Defendant Driver owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, including the duty to keep a proper lookout for motorcycles, to yield the right of way, to maintain a reasonable speed and following distance, and to operate the vehicle in accordance with Maine law.

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

• Failing to keep a proper and careful lookout for motorcycle traffic;
• Failing to yield the right of way to Plaintiff's approaching motorcycle;
• Operating the vehicle at a speed greater than was reasonable and prudent under the conditions;
• Following too closely and/or failing to maintain control of the vehicle;
• Failing to take reasonable evasive action to avoid the Collision; and
• Otherwise failing to exercise the degree of care that an ordinarily prudent driver would have exercised under the same or similar circumstances.

16. Defendant Driver's negligence was the direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

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

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

18. Plaintiff realleges and incorporates Paragraphs 1 through 17 as though fully set forth herein.

19. At the time of the Collision, Defendant Driver violated one or more provisions of Title 29-A of the Maine Revised Statutes governing the operation of motor vehicles, including but not limited to:

• 29-A M.R.S. § 2060 (failure of an operator turning left to yield the right of way to traffic approaching from the opposite direction so close as to constitute an immediate hazard);
• 29-A M.R.S. § 2074 (following another vehicle too closely);
• 29-A M.R.S. § 2075 (operating a vehicle at an unreasonable or imprudent speed); and/or
• [OTHER APPLICABLE TRAFFIC STATUTE — verify section].

20. These statutes establish a standard of conduct for the protection of a class of persons that includes Plaintiff — motorists and motorcyclists lawfully using the public ways — against the type of harm Plaintiff suffered.

21. Defendant Driver's violation of these statutes constitutes negligence per se / evidence of negligence under Maine law, and such violation was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

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

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

23. Defendant Owner entrusted the subject vehicle to Defendant Driver when Defendant Owner knew or, in the exercise of reasonable care, should have known that Defendant Driver was an incompetent, inexperienced, unfit, or reckless operator likely to create an unreasonable risk of harm to others.

24. In the alternative, at the time of the Collision Defendant Driver was operating the vehicle within the course and scope of an agency or employment relationship with Defendant Owner, rendering Defendant Owner vicariously liable under the doctrine of respondeat superior.

25. Defendant Owner's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages, for which Defendant Owner is liable.

7. DAMAGES

26. As a direct and proximate result of Defendants' negligence, Plaintiff has suffered, and will continue to suffer, the following damages:

• Economic damages: past and future medical, hospital, surgical, rehabilitative, and related expenses; past lost wages; future lost earnings and diminished earning capacity; and property damage to the motorcycle and personal property.
• Non-economic damages: past and future physical pain and suffering; mental anguish; disfigurement, scarring, and permanent impairment; and loss of enjoyment of life.

27. Punitive damages. To the extent the evidence establishes by clear and convincing proof that Defendant Driver acted with express or implied malice, Plaintiff seeks punitive damages as permitted under Maine common law (Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985)).

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally to the extent permitted by law, as follows:

• A. For compensatory economic and non-economic damages in an amount to be determined by the jury;
• B. For punitive damages as permitted by Maine law;
• C. For pre-judgment and post-judgment interest as allowed by 14 M.R.S. § 1602-B and § 1602-C;
• D. For the costs of this action; and
• E. For 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 Me. R. Civ. P. 38.

10. SIGNATURE AND SERVICE BLOCKS

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Maine Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

11. MAINE PRACTICE NOTES

• Statute of limitations. Maine has an unusually long SIX-year limitation for civil actions, including personal injury, under 14 M.R.S. § 752. Confirm accrual and any tolling (e.g., minority under § 853).
• Comparative negligence (§ 156). A claimant "found by the jury to be equally at fault" may not recover. The statute measures the claimant's share in responsibility for the damage and addresses fault of an "other person or persons"; do not substitute a singular-defendant comparison in a multiparty case. The jury must find total damages and reduce them "by dollars and cents, and not by percentage," returning both figures.
• Pleading standard. Maine follows notice pleading under Me. R. Civ. P. 8(a); plead the elements of each claim with sufficient supporting facts to withstand a Rule 12(b)(6) motion.
• Punitive damages. Punitive damages require malice proven by clear and convincing evidence (Tuttle v. Raymond); they are not available for ordinary negligence. Plead the factual basis.
• Service of process. Service is governed by Me. R. Civ. P. 4; out-of-state defendants may be served under Maine's long-arm statute, 14 M.R.S. § 704-A.
• Filing / case management. Confirm current Maine Judicial Branch electronic filing requirements and any track-assignment / scheduling order obligations in the Superior Court of the relevant county.

12. SOURCES AND REFERENCES

• 14 M.R.S. § 752 (six-year statute of limitations) — https://legislature.maine.gov/statutes/14/title14sec752.html
• 14 M.R.S. § 156 (comparative negligence) — https://mainelegislature.org/legis/statutes/14/title14sec156.html
• 4 M.R.S. § 105 (Superior Court jurisdiction)
• 14 M.R.S. § 501 et seq. (venue)
• 29-A M.R.S. § 2060 (turning at intersections; left-turn yield) — https://legislature.maine.gov/statutes/29-A/title29-Asec2060.html
• 29-A M.R.S. § 2062 (motorcycles — operation) — https://legislature.maine.gov/statutes/29-A/title29-Asec2062.html
• 29-A M.R.S. § 2083 (motorcycle protective headgear)
• 29-A M.R.S. §§ 2074, 2075 (following too closely; speed)
• 24-A M.R.S. § 2902 (uninsured/underinsured motorist coverage)
• Maine Rules of Civil Procedure (Rules 4, 8, 38) — https://www.courts.maine.gov/

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