Motorcycle Accident Complaint - Washington

MOTORCYCLE COLLISION COMPLAINT — WASHINGTON

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR [________________________________] COUNTY

No.: [________________________________]

COMPLAINT FOR PERSONAL INJURY AND PROPERTY DAMAGE

JURY DEMAND

PRE-FILING GATE

☐ Confirmed the injury and property claims are timely under RCW 4.16.080(2)

☐ Confirmed filing and service will satisfy RCW 4.16.170's 90-day coordination rule

☐ Confirmed Superior Court jurisdiction and that jurisdiction is not vested exclusively elsewhere

☐ Selected venue under RCW 4.12.020(3); if relying on corporate venue, confirmed the applicable RCW 4.12.025 facts

☐ Verified the defendant's legal name, residence or entity status, service address, and any additional necessary party

☐ Selected only the roadway statutes supported by the collision facts

☐ Preserved medical, wage, property, insurance, witness, photograph, video, and electronic evidence

Plaintiff alleges:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [________________________________] resides in [________________________________] County, [STATE].

2. Defendant [________________________________] is [an individual residing in [COUNTY / STATE] / a corporation with the following Washington residence or business facts: ________________________________].

3. This action arises from a motor-vehicle collision on [__/__/____] at [LOCATION], Washington.

4. This Court has original jurisdiction under RCW 2.08.010 because [the demand exceeds $300 / jurisdiction is not vested exclusively elsewhere: ________________________________].

5. Venue is proper in this county under RCW 4.12.020(3) because [the cause arose here / an individual defendant resides here: ________________________________]. If Defendant is a corporation and a separate corporate-venue basis is used, state the RCW 4.12.025 facts: [________________________________].

II. FACTUAL ALLEGATIONS

6. Plaintiff operated a [YEAR / MAKE / MODEL] motorcycle [DIRECTION] on [ROADWAY].

7. Defendant operated a [YEAR / MAKE / MODEL / TYPE] vehicle [DIRECTION OR MANEUVER].

8. The collision occurred when Defendant [describe the specific movement, signal, sight line, traffic control, and impact: ________________________________].

9. Traffic, lighting, visibility, roadway, and weather conditions were [________________________________].

10. Plaintiff alleges that Defendant failed to use reasonable care by [select and state supported conduct: failing to keep a proper lookout / failing to yield / following too closely / entering from a private road or driveway / other: ________________________________].

11. The collision caused Plaintiff to sustain [identify bodily injuries without exaggeration: ________________________________].

12. Plaintiff incurred or is reasonably expected to incur [medical expense / wage loss / diminished earning capacity / property loss / other supported damage: ________________________________].

III. NEGLIGENCE

13. Defendant owed roadway users, including Plaintiff, a duty to use reasonable care under the circumstances.

14. Defendant breached that duty through the acts and omissions alleged above.

15. Defendant's breach was a proximate cause of the collision and Plaintiff's legally recoverable injuries and losses.

IV. STATUTORY BREACH AS EVIDENCE OF NEGLIGENCE

16. The following current roadway duty applies:

☐ RCW 46.61.145(1): A driver must not follow another vehicle more closely than is reasonable and prudent, considering speed, traffic, and highway conditions.

☐ RCW 46.61.180(1): When vehicles approach or enter an intersection from different highways at approximately the same time, the driver on the left must yield to the vehicle on the right.

☐ RCW 46.61.185(1): A driver intending to turn left within an intersection or into an alley, private road, or driveway must yield to opposite-direction traffic in the intersection or so close as to constitute an immediate hazard.

☐ RCW 46.61.190(2)-(3): A driver approaching a stop or yield sign must comply with the applicable stop and right-of-way duties.

☐ RCW 46.61.205(1): A driver entering or crossing a highway from a private road or driveway must yield to vehicles lawfully approaching on the highway.

17. Defendant breached RCW [________________________________] by [________________________________].

18. Under RCW 5.40.050, that breach may be considered by the trier of fact as evidence of negligence. Plaintiff does not plead ordinary right-of-way or following-distance violations as negligence per se.

19. The statutory breach was a proximate cause of the collision and Plaintiff's legally recoverable injuries and losses.

V. COMPARATIVE FAULT AND ALLOCATION

20. Plaintiff denies fault. If fault is proved against Plaintiff, RCW 4.22.005 diminishes compensatory damages in proportion to Plaintiff's contributory fault but does not bar recovery.

21. Any allocation among multiple at-fault entities is governed by RCW 4.22.070. Plaintiff does not admit that any nonparty or additional entity was at fault.

VI. DAMAGES

22. Plaintiff seeks only damages supported by admissible evidence, which may include:

• Past and future reasonable medical and related care expense
• Past and future lost earnings or diminished earning capacity
• Past and future pain, disability, impairment, disfigurement, and loss of enjoyment
• Motorcycle and other personal-property repair, replacement, loss-of-use, or diminished-value damages
• Other legally recoverable loss proved at trial

VII. PRAYER FOR RELIEF

Plaintiff requests:

• Compensatory damages proved at trial
• Prejudgment and postjudgment interest only as authorized
• Taxable costs and attorney fees only when authorized
• Other relief the Court may lawfully grant

VIII. JURY DEMAND

Under CR 38, Plaintiff demands a jury trial on issues triable by jury, will serve and file the demand, and will pay the required jury fee within the rule's timing.

IX. SIGNATURE

DATED: [__/__/____]

Signature: [________________________________]

Attorney name and WSBA No.: [________________________________]

Firm: [________________________________]

Address: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

Attorney for Plaintiff