Pedestrian Accident Complaint - District of Columbia

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — DISTRICT OF COLUMBIA

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Violation of Crosswalk Duties (Against Defendant Driver)
6. Count III — Negligent Entrustment (Against Defendant Owner)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Verification
11. Signature and Service Blocks

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

Civil Action No. [____________]

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

Plaintiff, by and through undersigned counsel, complaining of Defendants, alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult individual and, at all relevant times, was a resident of [JURISDICTION] and, at the time of the Collision, was a pedestrian lawfully on or crossing a public roadway within the District of Columbia.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is an adult individual who, at all relevant times, operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") and may be served pursuant to D.C. Super. Ct. Civ. R. 4 at [SERVICE ADDRESS].

3. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] who/that, at all relevant times, was the titled owner of the Subject Vehicle and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This Court has subject-matter jurisdiction over this civil action pursuant to D.C. Code § 11-921.

5. Personal jurisdiction over each Defendant arises from [THE DEFENDANT'S D.C. DOMICILE, ORGANIZATION, OR PRINCIPAL PLACE OF BUSINESS UNDER D.C. CODE § 13-422 / AN ACT OR OMISSION IN THE DISTRICT CAUSING THE ALLEGED INJURY THERE UNDER § 13-423(a)(3)].

6. The collision giving rise to this action (the "Collision") occurred within the District of Columbia at [LOCATION].

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully proceeding on foot [crossing the roadway within a marked crosswalk / crossing within an unmarked crosswalk at the intersection / crossing with the "WALK" signal / lawfully upon the roadway] on [STREET / ROADWAY] at or near its intersection with [CROSS STREET / LOCATION] in the District of Columbia.

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, in the same vicinity.

9. Defendant Driver negligently [DESCRIBE CONDUCT — e.g., failed to stop and remain stopped for Plaintiff in the crosswalk, turned across Plaintiff's path while Plaintiff was crossing on the "WALK" signal, failed to keep a proper lookout for pedestrians, drove at an excessive or distracted speed], causing the Subject Vehicle to strike Plaintiff.

10. Plaintiff was proceeding with due care, in a lawful manner, [within a crosswalk / with the pedestrian-control signal in Plaintiff's favor], and was plainly visible to a driver exercising reasonable care.

11. As a direct and proximate result of the Collision, Plaintiff was struck and thrown to the roadway and sustained serious bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, disfiguring lacerations].

12. The Collision caused Plaintiff to sustain [DESCRIBE THE EFFECT OF THE IMPACT AND RESULTING INJURIES].

13. The investigating officer of the [Metropolitan Police Department] responded to the scene and [cited Defendant Driver for violation of [TRAFFIC PROVISION] / prepared report No. (____)] (the "Traffic Violation").

14. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY], with care continuing.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

15. Plaintiff realleges and incorporates Paragraphs 1 through 14 as though fully set forth herein.

16. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care and, if the crossing facts in Paragraph 7 apply, to stop and remain stopped or give the right-of-way as required by D.C. Code § 50-2201.28(a) or (b).

17. Defendant Driver breached that duty by one or more of the following acts or omissions:

• Failing to stop and remain stopped for Plaintiff, who was crossing within a marked or unmarked crosswalk (D.C. Code § 50-2201.28);
• Failing to yield the right-of-way to Plaintiff;
• Turning across Plaintiff's path of travel while Plaintiff lawfully crossed the roadway;
• Failing to keep a proper and careful lookout for pedestrians;
• Operating the Subject Vehicle at an excessive or imprudent speed;
• Failing to maintain control of the Subject Vehicle;
• Operating the Subject Vehicle while distracted and/or inattentive; and/or
• Otherwise failing to exercise reasonable care under the circumstances.

18. Defendant Driver's breaches were the actual and proximate cause of the Collision and of the injuries and damages set forth herein.

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

5. COUNT II — VIOLATION OF CROSSWALK DUTIES (Against Defendant Driver)

20. Plaintiff realleges and incorporates Paragraphs 1 through 19 as though fully set forth herein.

21. At the time of the Collision, the following crosswalk duty applied to Defendant Driver, as supported by the crossing facts in Paragraph 7:

• D.C. Code § 50-2201.28(a) — the driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within any marked crosswalk, or unmarked crosswalk at an intersection, when the pedestrian is upon, or within one lane approaching, the lane on which the vehicle is traveling or onto which it is turning;
• D.C. Code § 50-2201.28(b) — a pedestrian who has begun crossing on the "WALK" signal shall be given the right-of-way by the driver of any vehicle to continue to the opposite sidewalk or safety island.

22. Defendant Driver violated [D.C. Code § 50-2201.28(a) / (b)] by [SPECIFY THE ACT OR OMISSION]. That failure to comply with the applicable crosswalk duty was a substantial factor in causing the Collision and Plaintiff's injuries.

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

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

24. Defendant Owner made the Subject Vehicle available to Defendant Driver on [DATE] under these circumstances: [DESCRIBE ENTRUSTMENT FACTS].

25. Defendant Owner knew or should have known Defendant Driver was likely to use the Subject Vehicle in a way that risked physical harm to persons such as Plaintiff because [SPECIFIC FACTS SHOWING KNOWLEDGE AND LIKELY UNSAFE USE]. Defendant Owner should have expected those persons to be endangered. Young v. U-Haul Co. of D.C., 11 A.3d 247 (D.C. 2011).

26. The entrustment was a proximate cause of the Collision and Plaintiff's damages.

7. DAMAGES

27. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and seeks recovery of:

• Economic damages: past and future medical, hospital, surgical, rehabilitative, and related expenses; past lost earnings; future lost earnings and diminished earning capacity; and property damage to Plaintiff's clothing, personal effects, and assistive devices.
• Non-economic damages: past and future physical pain and suffering, mental anguish, disfigurement and permanent scarring, permanent impairment, and loss of enjoyment of life.
• Pre-judgment and post-judgment interest and costs as allowed by law.

28. Plaintiff was a pedestrian using a public highway or sidewalk who was involved in a collision with a motor vehicle. Under D.C. Code § 50-2204.52(a)(1), Plaintiff's negligence does not bar recovery unless it proximately caused the injury and exceeded the aggregated negligence of Defendants that proximately caused it. Plaintiff seeks damages in an amount to be proven at trial.

29. [SELECT ONE: Plaintiff did not elect personal injury protection benefits for this Collision / Plaintiff elected such benefits and may maintain this action under D.C. Code § 31-2405(b) because [STATE FACTS SUPPORTING A CONDITION IN SUBSECTION (b)(1) OR (b)(2)].]

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment against each Defendant for compensatory damages in an amount to be determined at trial;
• B. Award pre-judgment and post-judgment interest and costs as allowed by law;
• C. Grant 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 D.C. Super. Ct. Civ. R. 38.

10. VERIFICATION

DISTRICT OF COLUMBIA, ss:

I, [PLAINTIFF NAME], having been first duly sworn, state that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint, and that the matters stated therein are true to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My commission expires: [_______________]

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], D.C. Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]