Pedestrian Accident Complaint - Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

JURY TRIAL DEMANDED

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, alleges against Defendants as follows:

1. PARTIES

1. Plaintiff is, and at all relevant times was, an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP], and at the time of the Collision was a pedestrian lawfully on or crossing a public roadway in this State.

2. Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is, upon information and belief, an individual domiciled at [ADDRESS], and at all relevant times was the operator of a [YEAR / MAKE / MODEL] motor vehicle (the "Defendant Vehicle").

3. Defendant [DEFENDANT OWNER FULL LEGAL NAME] ("Defendant Owner") is, upon information and belief, [an individual domiciled at / an entity with its principal place of business at] [ADDRESS], and at all relevant times was the owner of the Defendant Vehicle who entrusted it to Defendant Driver.

2. JURISDICTION AND VENUE

4. This action seeks damages for personal injuries caused by alleged common-law torts and is within the Superior Court's civil jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541.

5. This Court has personal jurisdiction over Defendant Driver because [DEFENDANT DRIVER'S DELAWARE DOMICILE / FACTS SHOWING AN IN-STATE ACT CAUSING IN-STATE TORTIOUS INJURY UNDER 10 DEL. C. § 3104(c)(3)]. It has personal jurisdiction over Defendant Owner because [SEPARATE FACTS ESTABLISHING DELAWARE DOMICILE OR A SPECIFIC § 3104 BASIS FOR THAT DEFENDANT].

6. The Collision occurred in [COUNTY] County. [IDENTIFY EACH DEFENDANT'S COUNTY OF RESIDENCE AND THE AUTHORITY SUPPORTING FILING IN THIS COUNTY.]

7. This action is timely commenced within the two-year limitations period prescribed by 10 Del. C. § 8119.

3. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully and prudently proceeding on foot [crossing the roadway within a marked crosswalk / crossing within an unmarked crosswalk at the intersection / walking upon the shoulder / lawfully upon the roadway] on [ROADWAY] at or near its intersection with [CROSS-STREET / LANDMARK] in [CITY/COUNTY], Delaware (the "Collision").

9. At the same time and place, Defendant Driver was operating the Defendant Vehicle, owned by Defendant Owner, traveling [DIRECTION] in the vicinity of Plaintiff.

10. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight; or dusk, wet, artificially lit], and Plaintiff was [clearly visible / wearing light or reflective clothing / within a designated crosswalk] at all material times.

11. Plaintiff exercised due care. [IF CROSSING OUTSIDE A MARKED OR UNMARKED INTERSECTION CROSSWALK, STATE FACTS ADDRESSING THE DUTY TO YIELD UNDER 21 DEL. C. § 4143(a). IF WALKING ALONG A HIGHWAY WITHOUT A SIDEWALK, STATE FACTS ADDRESSING § 4146(b).]

12. The Collision was caused by the negligence of Defendant Driver, who, in one or more of the following ways:

• [Failure to yield in crosswalk] when traffic-control signals were absent or inoperative, or while turning at an intersection, failed to yield to Plaintiff crossing within a crosswalk while Plaintiff was on the half of the roadway on which the vehicle traveled or approached so closely from the opposite half as to be in danger, in violation of 21 Del. C. § 4142(a);
• [Failure to keep a proper lookout] failed to keep a proper and careful lookout for pedestrians and failed to perceive Plaintiff, who was plainly visible upon or approaching the roadway;
• [Failure to exercise due care] failed to exercise due care to avoid colliding with Plaintiff and failed to give warning by sounding the horn when necessary, in violation of 21 Del. C. § 4144;
• [Unsafe speed] operated the Defendant Vehicle at a speed greater than was reasonable and prudent under the conditions, in violation of 21 Del. C. § 4168;
• [Distraction / inattention] operated the Defendant Vehicle while distracted, inattentive, and/or while failing to maintain proper control;

13. As a direct and proximate result of Defendant Driver's conduct, the Defendant Vehicle struck Plaintiff, causing [DESCRIBE DOCUMENTED INJURIES AND HOW THE COLLISION OCCURRED].

14. [DESCRIBE THE EFFECT OF THIS COLLISION ON PLAINTIFF AND ANY CONTINUING SYMPTOMS, IF SUPPORTED BY THE FACTS.]

15. [IF APPLICABLE, IDENTIFY THE RESPONDING POLICE AGENCY, REPORT, AND ANY CITATION ACTUALLY ISSUED.]

16. Plaintiff received emergency care at [HOSPITAL] and has since undergone [SUMMARY OF TREATMENT], and Plaintiff's care and recovery are ongoing.

17. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. COUNT I — NEGLIGENCE

(Against Defendant Driver)

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

19. Defendant Driver owed Plaintiff a duty to exercise reasonable care in operating a motor vehicle, including the applicable § 4142(a) duty to yield to a pedestrian in a crosswalk when its conditions are met, the § 4144 duty to use due care to avoid a pedestrian collision, and the § 4168 duty to drive at a reasonable and prudent speed.

20. Defendant Driver breached these duties by the acts and omissions alleged in Paragraph 12 above.

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

22. As a direct and proximate result, Plaintiff has sustained the recoverable damages described in Count IV below.

5. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

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

24. At the time of the Collision, Defendant Driver violated one or more provisions of the Delaware Motor Vehicle Code (21 Del. C.) enacted to protect the class of persons to which Plaintiff belongs (pedestrians and other roadway users) against the type of harm Plaintiff suffered, including but not limited to:

• 21 Del. C. § 4142(a) — when signals are absent or inoperative, or the driver is turning at an intersection, the driver must yield to a pedestrian in a crosswalk who is on the vehicle's half of the roadway or approaching so closely from the opposite half as to be in danger;
• 21 Del. C. § 4144 — every driver shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person;
• 21 Del. C. § 4168 — a driver shall not operate at a speed greater than is reasonable and prudent under the conditions; and
• [OTHER MOTOR-VEHICLE CODE SECTION CITED OR APPLICABLE].

25. Plaintiff was within the class of persons the statutes were designed to protect, and the Collision and Plaintiff's injuries are the type of harm the statutes were designed to prevent.

26. Defendant Driver's statutory violations constitute negligence per se under Delaware law and were a direct and proximate cause of Plaintiff's injuries and damages.

6. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

27. Plaintiff realleges and incorporates by reference Paragraphs 1 through 26 as though fully set forth herein.

28. [IF FACTUALLY SUPPORTED:] Defendant Owner entrusted the Defendant Vehicle to Defendant Driver, who was a reckless or incompetent driver, when Defendant Owner had reason to know of that condition. [STATE FACTS SUPPORTING ENTRUSTMENT, THE DRIVER'S CONDITION, OWNER'S KNOWLEDGE, AND RESULTING DAMAGE.]

29. Alternatively, to the extent Defendant Driver operated the Defendant Vehicle within the course and scope of an employment or agency relationship with Defendant Owner, Defendant Owner is vicariously liable for Defendant Driver's negligence under the doctrine of respondeat superior.

30. If the facts establish negligent entrustment or conduct within the scope of employment or agency, Defendant Owner is liable for the resulting damages alleged herein.

7. COUNT IV — DAMAGES

31. As a direct and proximate result of the conduct of any Defendant found liable, Plaintiff seeks damages recoverable under Delaware law after excluding amounts that 21 Del. C. § 2118(h) precludes from being pleaded because § 2118(a)(2) or (a)(3) benefits are available, whether or not actually recovered, including any remaining:

• a. Past and future medical and related expenses — emergency, ambulance, hospital, surgical, physician, diagnostic, rehabilitative, pharmaceutical, and assistive-device costs;
• b. Future care — anticipated surgeries, attendant care, physical therapy, and life-care needs;
• c. Lost wages and diminished earning capacity — past and future;
• d. Pain, suffering, mental anguish, disability, and loss of enjoyment of life — past and future;
• e. Permanent injury, scarring, and disfigurement;
• f. Property damage — to Plaintiff's clothing, personal effects, and assistive devices; and
• g. Prejudgment interest only if the conditions of 6 Del. C. § 2301(d) are met; postjudgment interest, court costs, and allowable litigation expenses as permitted by law.

8. COMPARATIVE-NEGLIGENCE NOTE

32. Delaware follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, any such negligence shall diminish Plaintiff's recovery in proportion to such percentage but shall not bar recovery unless Plaintiff's negligence was greater than the negligence of the Defendant or the combined negligence of all Defendants (10 Del. C. § 8132). Plaintiff exercised due care and was not more than fifty percent (50%) responsible for the Collision.

9. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against each Defendant found liable, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. [IF FACTS SUPPORT INTENTIONAL OR RECKLESS MISCONDUCT:] Awarding punitive damages as permitted by law;
3. Awarding prejudgment interest under 6 Del. C. § 2301(d) only if, before trial, Plaintiff made a written settlement demand to Defendant that remained valid for at least 30 days and was less than the damages awarded; and awarding postjudgment interest as permitted by law;
4. Awarding costs of suit and allowable litigation expenses; and
5. Granting such other and further relief as the Court deems just and proper.

11. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

12. ATTORNEY CERTIFICATION (Del. Super. Ct. Civ. R. 11)

By signing and filing this pleading, undersigned counsel makes the representations required by Del. Super. Ct. Civ. R. 11(b), after an inquiry reasonable under the circumstances.

13. VERIFICATION

STATE OF DELAWARE, COUNTY OF [____]:

Before me personally appeared [PLAINTIFF FULL LEGAL NAME], who, being duly sworn, deposes and says that he/she has read the foregoing Complaint and knows the contents thereof, and that the facts stated therein are true and correct to the best of his/her knowledge and belief.

[________________________________]

[PLAINTIFF FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — My commission expires: [_______________]

14. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____])

[LAW FIRM NAME]

[STREET ADDRESS] | [CITY, DE ZIP]

Telephone: [(___) ___-____] | Email: [____________]

Attorney for Plaintiff

Dated: [__/__/____]

15. SOURCES AND REFERENCES

• 10 Del. C. § 8119 (two-year limitations — personal injuries) — https://delcode.delaware.gov/
• 10 Del. C. § 8132 (comparative negligence — modified, 51% bar)
• Del. Const. art. IV, § 7 and 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. § 4142 (crosswalk right-of-way when signals are absent/inoperative or the driver is turning)
• 21 Del. C. § 4143 (crossing at other than crosswalks — pedestrian duty to yield)
• 21 Del. C. § 4144 (drivers to exercise due care to avoid colliding with pedestrians; warning; precaution for children and incapacitated persons)
• 21 Del. C. § 4146(b) (walk facing traffic on shoulder where no sidewalk)
• 21 Del. C. § 4168 (speed — reasonable and prudent / basic speed rule)
• 21 Del. C. § 2118 (personal-injury-protection / no-fault coverage)
• 18 Del. C. § 3902 (uninsured/underinsured motorist coverage)
• Del. Super. Ct. Civ. R. 3 (filing materials), 8 (pleading), 11 (certification), 38 (jury demand)

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