Pedestrian Accident Complaint - Georgia

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — GEORGIA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Verification
11. Signature and Service Blocks
12. Georgia Practice Notes
13. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

Civil Action File No. [____________]

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

COMES NOW Plaintiff, [PLAINTIFF NAME], and files this Complaint for Damages against Defendants, showing the Court as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a resident of [COUNTY] County, [State], is sui juris, and at the time of the Collision was a pedestrian lawfully on or crossing a public roadway in Georgia.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is a resident of [COUNTY] County, [State], is subject to the jurisdiction of this Court, and may be served at [SERVICE ADDRESS], or wherever found.

3. Defendant [DEFENDANT OWNER/EMPLOYER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] organized under the laws of [State] and may be served [at [ADDRESS] / through its registered agent, [AGENT NAME & ADDRESS]].

4. This Court has subject-matter jurisdiction pursuant to the Georgia Constitution and O.C.G.A. § 15-6-8.

5. Personal jurisdiction is proper because Defendants are residents of Georgia, transact business in Georgia, and/or committed a tortious act within Georgia (O.C.G.A. § 9-10-91).

6. Venue is proper in this County under the Georgia Constitution and O.C.G.A. § 40-1-117 and/or § 9-10-93 because at least one Defendant resides here and/or the collision giving rise to this action occurred here.

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 [ROADWAY / HIGHWAY] at or near [INTERSECTION / MILE MARKER] in [COUNTY] County, Georgia (the "Collision").

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") owned by Defendant Owner in the same vicinity.

9. Defendant Driver negligently, carelessly, and unlawfully [DESCRIBE CONDUCT — e.g., failed to stop and remain stopped for Plaintiff in the crosswalk in violation of O.C.G.A. § 40-6-91, failed to yield the right-of-way, failed to keep a proper lookout, turned across Plaintiff's path], causing the Subject Vehicle to strike Plaintiff.

10. At all material times Plaintiff proceeded with due care, [within a crosswalk / with the pedestrian signal in Plaintiff's favor], and in compliance with the traffic laws of Georgia, and was plainly visible to a driver exercising ordinary 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. 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.

13. The [name of law-enforcement agency] responded and prepared Georgia Uniform Motor Vehicle Accident Report No. [____], [and cited Defendant Driver for violation of O.C.G.A. § [____]].

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

15. All conditions precedent to the filing and maintenance of this action have been satisfied, waived, or excused.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

16. Plaintiff incorporates Paragraphs 1 through 15 as though fully set forth herein.

17. Under O.C.G.A. § 51-1-2, every person owes a duty to exercise ordinary care not to injure others. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with ordinary care, to obey Georgia's traffic laws, to stop and remain stopped for a pedestrian within a crosswalk, to exercise due care to avoid colliding with any pedestrian upon the roadway, and to keep a proper lookout for pedestrians and other roadway users.

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

• Failing to stop and remain stopped for Plaintiff crossing within a crosswalk (O.C.G.A. § 40-6-91);
• Failing to exercise due care to avoid colliding with Plaintiff (O.C.G.A. § 40-6-93);
• Turning across Plaintiff's path of travel while Plaintiff lawfully crossed the roadway;
• Failing to keep a proper and careful lookout for pedestrians;
• Driving at a speed greater than was reasonable and prudent under the conditions (O.C.G.A. § 40-6-180);
• Following too closely or failing to maintain control of the Subject Vehicle (O.C.G.A. § 40-6-49); and/or
• Operating the Subject Vehicle while distracted or inattentive.

19. Defendant Driver's negligence was the actual and proximate cause of the Collision and of Plaintiff's injuries and damages.

20. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 7 below.

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

21. Plaintiff incorporates Paragraphs 1 through 20 as though fully set forth herein.

22. The traffic statutes governing the conduct of Defendant Driver were enacted to protect the class of persons to which Plaintiff belongs (pedestrians and other roadway users) against the type of harm that occurred, including but not limited to:

• O.C.G.A. § 40-6-91 — the driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or is approaching and within one lane of that half;
• O.C.G.A. § 40-6-93 — every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary; and
• [OTHER O.C.G.A. SECTION CITED OR APPLICABLE — e.g., § 40-6-22 (pedestrian-control signals — "WALK")].

23. Defendant Driver's violation of one or more of those statutes constitutes negligence per se under O.C.G.A. § 51-1-6 and was a proximate cause of the Collision and of Plaintiff's injuries and damages.

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

24. Plaintiff incorporates Paragraphs 1 through 23 as though fully set forth herein.

25. At the time of the Collision, Defendant Driver operated the Subject Vehicle with the permission and consent of Defendant Owner and/or within the course and scope of employment or agency with Defendant Owner, rendering Defendant Owner vicariously liable under the doctrine of respondeat superior.

26. In the alternative, Defendant Owner negligently entrusted the Subject Vehicle to Defendant Driver with actual knowledge that Defendant Driver was an incompetent, inexperienced, or reckless operator, and such negligent entrustment was a proximate cause of the Collision and Plaintiff's damages.

27. Accordingly, Defendant Owner is liable for the damages proximately caused by Defendant Driver.

7. DAMAGES

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

• Special (economic) damages: past and future medical, hospital, surgical, and rehabilitative expenses; past lost wages; future lost wages and diminished earning capacity; and property damage to Plaintiff's clothing, personal effects, and assistive devices.
• General (non-economic) damages: past and future physical pain and suffering, mental and emotional distress, disfigurement and permanent scarring, permanent impairment, and loss of the enjoyment of life, in an amount to be determined by the enlightened conscience of the jury.

29. Punitive damages. Defendant Driver's conduct [e.g., driving under the influence / reckless and wanton conduct] showed willful misconduct, wantonness, and an entire want of care raising a presumption of conscious indifference to consequences, warranting punitive damages under O.C.G.A. § 51-12-5.1.

30. Litigation expenses. Defendants have acted in bad faith, have been stubbornly litigious, and/or have caused Plaintiff unnecessary trouble and expense, entitling Plaintiff to expenses of litigation, including reasonable attorney's fees, under O.C.G.A. § 13-6-11.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

• A. Enter judgment in favor of Plaintiff and against Defendants;
• B. Award general and special damages in an amount to be determined at trial;
• C. Award punitive damages as authorized by O.C.G.A. § 51-12-5.1, where supported;
• D. Award expenses of litigation under O.C.G.A. § 13-6-11, where supported;
• E. Award pre-judgment and post-judgment interest and costs as allowed by law; and
• F. Grant such other and further relief as the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury of twelve (12) on all issues so triable as a matter of right under the Constitution of the State of Georgia and O.C.G.A. § 9-11-38.

10. VERIFICATION

STATE OF [____________]

COUNTY OF [____________]

Personally appeared before the undersigned officer duly authorized to administer oaths, [PLAINTIFF NAME], who, being duly sworn, states that the facts contained in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed 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]

Georgia Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

12. GEORGIA PRACTICE NOTES

• Statute of limitations — 2 years. O.C.G.A. § 9-3-33 (watch for § 9-3-99 tolling if the driver was criminally charged).
• Negligence regime — modified comparative, 50% bar. O.C.G.A. § 51-12-33: recovery is reduced by the plaintiff's fault and barred entirely at 50% or more; fault is apportioned among all contributors, including noticed nonparties.
• Driver duties. O.C.G.A. § 40-6-91 (stop and remain stopped for a pedestrian in a crosswalk); § 40-6-93 (due care to avoid any pedestrian); pedestrian duties under § 40-6-92.
• No-fault. Georgia is an at-fault state with no PIP system; do not plead a no-fault threshold.
• UM/UIM and hit-and-run. Coverage must be offered (O.C.G.A. § 33-7-11); serve the UM carrier as an unnamed party where applicable; UM reaches phantom/hit-and-run vehicles.
• Forum. State Court or Superior Court of the county of proper venue.

13. SOURCES AND REFERENCES

• O.C.G.A. § 9-3-33 (2-year personal-injury limitation) — https://law.justia.com/codes/georgia/
• O.C.G.A. § 51-12-33 (apportionment; 50% bar) — https://law.justia.com/codes/georgia/title-51/chapter-12/article-2/section-51-12-33/
• O.C.G.A. § 51-1-2 (ordinary diligence); § 51-1-6 (negligence per se)
• O.C.G.A. § 40-6-91 (right of way in crosswalks) — https://law.justia.com/codes/georgia/title-40/chapter-6/article-5/section-40-6-91/
• O.C.G.A. § 40-6-92 (crossing elsewhere than at crosswalk); § 40-6-93 (drivers to exercise due care)
• O.C.G.A. § 40-6-22 (pedestrian-control signals — "WALK"/"DON'T WALK")
• O.C.G.A. § 51-12-5.1 (punitive damages); § 13-6-11 (litigation expenses); § 33-7-11 (UM/UIM)
• O.C.G.A. § 15-6-8; §§ 9-10-91, 9-10-93, 40-1-117 (jurisdiction/venue); § 9-11-38 (jury trial)

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