Motorcycle Accident Complaint

MOTORCYCLE ACCIDENT COMPLAINT — TEXAS (PLAINTIFF'S ORIGINAL PETITION)

TABLE OF CONTENTS

1. Caption / Style of the Case
2. Discovery Control Plan
3. Parties
4. Jurisdiction and Venue
5. Factual Background
6. Count I — Negligence (Against Defendant Driver)
7. Count II — Negligence Per Se (Against Defendant Driver)
8. Count III — Negligent Entrustment / Respondeat Superior (Against Defendant Owner)
9. Count IV — Gross Negligence and Exemplary Damages
10. Damages
11. Proportionate Responsibility
12. Conditions Precedent
13. Jury Demand
14. Prayer
15. Request for Service of Citation
16. Signature Block
17. Certificate of Service
18. Texas Practice Notes
19. Sources and References

1. CAPTION / STYLE OF THE CASE

CAUSE NO. [________]

IN THE DISTRICT COURT OF [COUNTY] COUNTY, TEXAS

[________] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION — COMPLAINT FOR DAMAGES (MOTORCYCLE COLLISION)

JURY TRIAL DEMANDED

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff [PLAINTIFF NAME] files this Original Petition complaining of Defendants and respectfully shows the Court as follows:

2. DISCOVERY CONTROL PLAN

1. Plaintiff intends that discovery be conducted under Level [2 / 3] of Rule 190 of the Texas Rules of Civil Procedure.

3. PARTIES

2. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual resident of [COUNTY] County, Texas, who at all material times was lawfully operating a motorcycle on the public roadways of this State.

3. Defendant [DRIVER NAME] ("Driver Defendant") is an individual resident of [COUNTY / STATE] who may be served with process at [SERVICE ADDRESS] or wherever Defendant may be found.

4. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served through its registered agent, [REGISTERED AGENT / ADDRESS].

4. JURISDICTION AND VENUE

5. The Court has subject-matter jurisdiction over this civil matter pursuant to Tex. Gov't Code § 24.007. Pursuant to Rule 47(c), Tex. R. Civ. P., Plaintiff seeks monetary relief [over $250,000 but not more than $1,000,000 / over $1,000,000 / select the appropriate Rule 47 range].

6. Venue is proper in [COUNTY] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in this county.

7. This action is timely commenced within the two-year limitations period of Tex. Civ. Prac. & Rem. Code § 16.003, the Collision having occurred on [__/__/____].

5. FACTUAL BACKGROUND

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a [YEAR / MAKE / MODEL] motorcycle traveling [northbound / southbound / etc.] on [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILE MARKER], in [CITY, COUNTY], Texas (the "Collision").

9. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant.

10. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight], and Plaintiff's motorcycle headlamp was illuminated and operating.

11. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., turned left across Plaintiff's path of travel; failed to yield the right-of-way at the intersection; changed lanes into the lane occupied by Plaintiff's motorcycle; followed Plaintiff's motorcycle too closely and struck it from the rear; pulled out from a private drive or side street into Plaintiff's path].

12. Although Plaintiff's motorcycle was plainly visible, Driver Defendant "looked but failed to see" Plaintiff's approaching motorcycle, misjudged its speed and distance, and/or failed to keep a proper lookout for motorcycles lawfully sharing the roadway.

13. Plaintiff had the right-of-way and was operating the motorcycle in a lawful, prudent, and careful manner at all material times.

14. As a direct and proximate result of the Collision, Plaintiff was thrown from the motorcycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash / degloving, and disfiguring scarring].

15. Because a motorcyclist lacks the structural protection, restraint systems, and crumple zones of an enclosed vehicle, the forces of the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by occupants of passenger vehicles.

16. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

6. COUNT I — NEGLIGENCE (Against Defendant Driver)

17. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

18. Duty. Driver Defendant owed Plaintiff a legal duty to exercise ordinary care in the operation of a motor vehicle, to obey the Texas rules of the road, and to keep a proper lookout for motorcyclists lawfully sharing the roadway.

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

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible motorcycle;
• Failing to yield the right-of-way to Plaintiff's oncoming or approaching motorcycle;
• Turning left across the path of Plaintiff's oncoming motorcycle when it was unsafe to do so;
• Making an unsafe lane change into the lane occupied by Plaintiff's motorcycle without ascertaining it could be made safely;
• Following Plaintiff's motorcycle more closely than was reasonable and prudent;
• Failing to control speed for conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

20. Causation. Each of the foregoing acts and omissions, separately and in combination, proximately caused the Collision and Plaintiff's injuries and damages.

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

21. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

22. Driver Defendant violated provisions of the Texas Transportation Code enacted for the protection of persons lawfully using the roadway, including motorcyclists such as Plaintiff. These include, as applicable to the manner of the Collision:

• Tex. Transp. Code § 545.152 — a driver turning left at an intersection or into an alley, private road, or driveway shall yield the right-of-way to a vehicle approaching from the opposite direction that is in or so near the intersection as to be an immediate hazard;
• Tex. Transp. Code § 545.151 — duties of a vehicle approaching or entering an intersection;
• Tex. Transp. Code § 545.153 — a driver approaching a stop or yield intersection shall yield the right-of-way; a collision after passing a yield sign without stopping is prima facie evidence of failure to yield;
• Tex. Transp. Code § 545.155 — a driver entering or crossing a highway from an alley, building, or private road or driveway shall yield to approaching vehicles;
• Tex. Transp. Code § 545.062 — following distance; and
• Tex. Transp. Code § 545.351 — maximum speed requirement.

23. Plaintiff is within the class of persons these statutes were designed to protect, and the Collision is the type of harm they were designed to prevent. Driver Defendant's violation of [CITE THE SPECIFIC SECTION(S) APPLICABLE] constitutes negligence per se and proximately caused Plaintiff's injuries and damages.

8. COUNT III — NEGLIGENT ENTRUSTMENT / RESPONDEAT SUPERIOR (Against Defendant Owner)

24. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

25. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or should have known, that Driver Defendant was an unlicensed, incompetent, or reckless driver, and that entrustment was a proximate cause of Plaintiff's injuries.

26. Alternatively, at the time of the Collision, Driver Defendant was acting within the course and scope of employment with or agency for Owner Defendant, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

9. COUNT IV — GROSS NEGLIGENCE AND EXEMPLARY DAMAGES

27. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

28. Driver Defendant's conduct, viewed objectively from Driver Defendant's standpoint at the time, involved an extreme degree of risk considering the probability and magnitude of the potential harm to others, and Driver Defendant had actual, subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, and welfare of others.

29. Such conduct constitutes gross negligence, entitling Plaintiff to exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003, subject to the statutory limitations in § 41.008.

10. DAMAGES

30. As a direct and proximate result of Defendants' conduct, Plaintiff seeks the following damages, within the jurisdictional limits of the Court:

• Economic damages: reasonable and necessary medical expenses incurred in the past and, in reasonable probability, to be incurred in the future; loss of earnings in the past and loss of earning capacity in the future; and property damage and loss of use of the motorcycle, riding gear, helmet, and personal effects;
• Non-economic damages: physical pain and suffering in the past and future; mental anguish in the past and future; and physical impairment and disfigurement in the past and future, including scarring from road rash and surgical intervention;
• Exemplary damages as pleaded in Count IV, subject to Tex. Civ. Prac. & Rem. Code § 41.008;
• Pre-judgment and post-judgment interest as allowed by law; and
• Costs of court.

11. PROPORTIONATE RESPONSIBILITY

31. Without admitting any fault, Plaintiff pleads that, pursuant to Tex. Civ. Prac. & Rem. Code §§ 33.001 and 33.003, the trier of fact should determine and compare the proportionate responsibility of all parties and any designated responsible third parties. Plaintiff's percentage of responsibility, if any, is not greater than fifty percent (50%), and Plaintiff's recovery shall be reduced only to the extent, if any, required by law.

12. CONDITIONS PRECEDENT

32. All conditions precedent to Plaintiff's recovery have been performed, have occurred, or have been waived.

13. JURY DEMAND

33. Plaintiff demands a trial by jury and tenders (or will timely tender) the requisite jury fee. U.S. Const. amend. VII; Tex. Const. art. I, § 15; Rule 216, Tex. R. Civ. P.

14. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendants be cited to appear and answer, and that on final trial Plaintiff have judgment against Defendants, jointly and severally, for:

• A. Actual damages as set forth above;
• B. Exemplary damages as set forth in Count IV;
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of court; and
• E. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

15. REQUEST FOR SERVICE OF CITATION

Plaintiff requests that citation be issued and that service be perfected on each Defendant in any manner authorized by Rules 106 and 108, Tex. R. Civ. P., at the addresses set forth above or wherever each Defendant may be found.

16. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: /s/ [________________________________]

[ATTORNEY NAME]

State Bar No. [________]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

ATTORNEY FOR PLAINTIFF

17. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this document was served on all counsel of record (or will be served with citation upon Defendants) in compliance with Rules 21 and 21a, Tex. R. Civ. P.

/s/ [________________________________]

[ATTORNEY NAME]

18. TEXAS PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Texas must be commenced within two years of accrual. Tex. Civ. Prac. & Rem. Code § 16.003. Claims against governmental units carry a separate, shorter notice requirement (commonly six months) under the Texas Tort Claims Act — verify if any defendant is a governmental unit.
• PROPORTIONATE RESPONSIBILITY — the central liability issue. Under Chapter 33, a claimant whose percentage of responsibility is greater than 50% is barred from recovery (Tex. Civ. Prac. & Rem. Code § 33.001), and a recovering claimant's damages are reduced by the claimant's percentage (§ 33.012). Defendants may designate responsible third parties under § 33.004 (subject to its deadlines and pleading requirements); monitor for designations and preserve the claimant's right to join or contest them. Joint and several liability attaches only where a defendant's responsibility exceeds 50% (§ 33.013).
• Helmet law. Tex. Transp. Code § 661.003 requires protective headgear, but a rider at least 21 years old is excepted if the rider has completed an approved motorcycle operator training and safety course OR is covered by a qualifying health-insurance plan; an officer may not stop a rider solely to check helmet-exception status. Confirm the rider's age, course completion, and insurance. If the rider was not helmeted, anticipate a defense argument that helmet non-use is a proportionate-responsibility factor or a cause of the head-injury component of damages; retain medical/biomechanical experts to separate crash causation from injury causation. Verify the current admissibility framework.
• Exemplary damages. Gross negligence requires clear and convincing evidence (Tex. Civ. Prac. & Rem. Code § 41.003) and exemplary damages are capped under § 41.008 (generally the greater of (a) $200,000 or (b) two times economic damages plus noneconomic damages up to $750,000), with certain exceptions. Verify current figures and any applicable exceptions.
• UM/UIM context. Texas is a fault state. Motorcyclists are frequently struck by minimally insured or uninsured drivers, and medical costs commonly exceed liability limits. Promptly identify and notify the plaintiff's own uninsured/underinsured-motorist carrier (and any household policies). A UIM claim in Texas generally requires a judgment or a Brainard prerequisite establishing the tortfeasor's liability and damages before the UIM benefit is payable; structure the case accordingly.
• Pleading specifics. Texas is a fair-notice pleading state. Plead the Rule 47 monetary range and the discovery control level. The Original Petition need not attach evidence; conform the pleadings as discovery develops.

19. SOURCES AND REFERENCES

• Texas Civil Practice & Remedies Code (Chapters 16, 33, 41) — https://statutes.capitol.texas.gov/
• Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitations)
• Tex. Civ. Prac. & Rem. Code § 33.001, § 33.003, § 33.004, § 33.012, § 33.013 (proportionate responsibility)
• Tex. Transp. Code § 545.152, § 545.151, § 545.153, § 545.155, § 545.062, § 545.351 (rules of the road) — https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm
• Tex. Transp. Code § 661.003 (protective headgear) — https://codes.findlaw.com/tx/transportation-code/transp-sect-661-003/
• Tex. Civ. Prac. & Rem. Code § 41.003, § 41.008 (exemplary damages and cap)
• Texas Rules of Civil Procedure (Rules 47, 106, 108, 190, 216, 21, 21a)

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