Pedestrian Accident Complaint

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — DELAWARE

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

JURY TRIAL DEMANDED

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 Court has subject-matter jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541 because all claims sound in tort and the amount in controversy exceeds the jurisdictional limit of the Court of Common Pleas.

5. This Court has personal jurisdiction over each Defendant because each Defendant resides in, is organized under the laws of, and/or operated a motor vehicle upon the roadways of the State of Delaware causing the injuries alleged herein.

6. Venue is proper in this County because the Collision occurred in this County and/or one or more Defendants reside or conduct business here.

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. At all relevant times, Plaintiff proceeded with due care and in compliance with Delaware law, including the pedestrians' rights and duties prescribed by Title 21, Chapter 41, Subchapter V of the Delaware Code.

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] failed to yield the right-of-way, and to slow down or stop as needed to yield, to Plaintiff who was crossing the roadway within a marked or unmarked crosswalk, in violation of 21 Del. C. § 4142;
• [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;
• [Turning movement] while making a turn at an intersection, failed to yield to Plaintiff lawfully crossing the roadway, in violation of 21 Del. C. § 4142.

13. As a direct and proximate result of Defendant Driver's conduct, the Defendant Vehicle struck Plaintiff, throwing Plaintiff to the roadway and causing Plaintiff serious bodily injury, including but not limited to [DESCRIBE INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving and disfiguring lacerations].

14. Because a pedestrian has no structural protection, restraint system, or crumple zone against the forces of a motor vehicle, the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained by an occupant of an enclosed vehicle.

15. Following the Collision, [the Delaware State Police / the [CITY] Police Department] responded and [cited Defendant Driver for violation of 21 Del. C. § [SECTION] / determined Defendant Driver to be at fault].

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 the operation of a motor vehicle, including the duties to obey the Delaware Rules of the Road, to keep a proper lookout for pedestrians, to yield the right-of-way to a pedestrian within a crosswalk, to exercise due care to avoid colliding with any pedestrian upon the roadway, and to operate the Defendant Vehicle at a safe 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 and will continue to sustain the damages described in Count IV below, in an amount exceeding [$ JURISDICTIONAL THRESHOLD], exclusive of interest and costs.

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 driver shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when traffic-control signals are not in operation or when the driver is making a turn at an intersection;
• 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. Defendant Owner owned the Defendant Vehicle and entrusted it to Defendant Driver with actual or constructive knowledge that Defendant Driver was an incompetent, inexperienced, impaired, or reckless operator.

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. As a direct and proximate result of Defendant Owner's negligent entrustment and/or vicarious liability, Plaintiff has sustained the damages alleged herein.

7. COUNT IV — DAMAGES

31. As a direct and proximate result of Defendants' conduct, Plaintiff seeks all damages recoverable under Delaware law, including:

• 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 and 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 in Plaintiff's favor and against Defendants, jointly and severally, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. Awarding punitive damages where warranted by the evidence;
3. Awarding prejudgment and postjudgment interest;
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)

The undersigned counsel certifies that this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in accordance with Del. Super. Ct. Civ. R. 11.

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)
• 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. § 4142 (pedestrians' right-of-way in crosswalks — driver to yield, slow, or stop)
• 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 (pedestrians on highways — walk facing traffic 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. 8 (pleading), 11 (certification), 15 (amendment), 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.