Pedestrian Accident Complaint - Iowa

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — IOWA

IN THE IOWA DISTRICT COURT FOR [________________] COUNTY

Case No. [________________]

PETITION AT LAW (PEDESTRIAN COLLISION — PERSONAL INJURY) AND JURY DEMAND

COMES NOW Plaintiff, [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, and for this Petition against Defendants states as follows:

I. PARTIES

1. Plaintiff is, and at all relevant times was, a resident of [CITY], [COUNTY] County, Iowa, and was a pedestrian lawfully on or crossing the roadway at the time of the collision described below.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is, and at all relevant times was, a resident of [CITY / COUNTY], Iowa, and was the operator of the motor vehicle that struck Plaintiff.

3. Defendant [DEFENDANT OWNER / EMPLOYER NAME] ("Defendant Owner") is, and at all relevant times was, the owner of the vehicle operated by Defendant Driver and/or the employer of Defendant Driver, and is named for statutory owner liability, vicarious liability, and negligent entrustment as set forth below.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action pursuant to article V, § 6 of the Iowa Constitution and Iowa Code § 602.6101.

5. This Court has personal jurisdiction over Defendants because each is domiciled in Iowa and/or committed the tortious acts giving rise to this action within Iowa.

6. Venue is proper in [________________] County pursuant to Iowa Code § 616.1 because the Collision occurred in this County and/or one or more Defendants reside in this County.

III. GENERAL FACTUAL ALLEGATIONS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was a pedestrian crossing / walking along [STREET / HIGHWAY] at or near [INTERSECTION / CROSSWALK / LANDMARK] in [CITY], [COUNTY] County, Iowa (the "Collision").

8. At the time of the Collision, Plaintiff was [SELECT / DESCRIBE: crossing within a marked crosswalk / crossing within an unmarked crosswalk at an intersection / crossing with the pedestrian "WALK" signal / lawfully walking along the roadway] and was exercising reasonable care for Plaintiff's own safety.

9. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on [ROADWAY].

10. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight / dusk / illuminated by streetlights], and Plaintiff was [plainly visible / in the driver's line of travel] for an appreciable time before impact.

11. Defendant Driver caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: failing to yield the right-of-way to Plaintiff in the crosswalk / turning left or right across the crosswalk into Plaintiff's path / failing to keep a proper lookout for pedestrians / driving at an excessive speed / driving while distracted or inattentive / failing to stop or slow to avoid Plaintiff].

12. Plaintiff is informed and believes, and on that basis alleges, that Defendant Driver failed to see, or saw but disregarded, Plaintiff — a plainly visible pedestrian lawfully using the roadway — and proceeded into Plaintiff's path, striking Plaintiff with the vehicle.

13. As a direct and proximate result of the Collision, and because Plaintiff as a pedestrian was wholly unprotected by any vehicle structure, restraint system, or crumple zone, Plaintiff was struck and thrown to the pavement and sustained severe, painful, and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, lacerations, and disfiguring scarring].

14. The [Iowa State Patrol / Sheriff's Office / Police Department] investigated the Collision and [cited Defendant Driver for violation of [TRAFFIC STATUTE — e.g., Iowa Code § 321.327] / determined Defendant Driver to be at fault].

15. Plaintiff received emergency and ongoing medical treatment at [HOSPITAL / PROVIDER] and has incurred, and will continue to incur, medical expenses, lost wages, and other damages.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver)

16. Plaintiff realleges and incorporates by reference paragraphs 1 through 15 as though fully set forth herein.

17. At all relevant times, Defendant Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care under the circumstances, to keep a proper lookout for pedestrians, to yield the right-of-way to pedestrians lawfully crossing the roadway, to maintain a safe and reasonable speed, to obey Iowa's rules of the road, and to exercise due care to avoid colliding with any pedestrian upon the roadway.

18. Defendant Driver breached that duty by, among other things:

a. Failing to keep a proper and careful lookout for Plaintiff and other pedestrians;

b. Failing to yield the right-of-way to Plaintiff, who was crossing within a marked or unmarked crosswalk;

c. Failing to slow down or stop to yield to Plaintiff as required;

d. Turning across the crosswalk or path of Plaintiff when it was unsafe to do so;

e. Operating the vehicle at a speed greater than was reasonable and proper under the conditions;

f. Driving while distracted, inattentive, or otherwise failing to maintain control of the vehicle;

g. Failing to exercise due care to avoid colliding with Plaintiff and to give warning by sounding the horn when necessary; and/or

h. Otherwise carelessly and negligently operating the vehicle.

19. Defendant Driver's breaches were a factual and proximate cause of the Collision and of Plaintiff's injuries and damages.

V. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

20. Plaintiff realleges and incorporates by reference paragraphs 1 through 19 as though fully set forth herein.

21. At the time of the Collision, Defendant Driver violated one or more provisions of Iowa Code chapter 321 enacted for the protection of pedestrians such as Plaintiff, including but not limited to:

• Iowa Code § 321.327 (Pedestrians' and Bicyclists' Right-of-Way): "Where traffic-control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian or a person riding a bicycle crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.";
• Iowa Code § 321.329 (Duty of Driver — Pedestrians Crossing or Working on Highways): "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 shall exercise due care upon observing any child or any confused or incapacitated person upon a roadway.";
• Iowa Code § 321.285 (Speed Restrictions — reasonable and proper speed under conditions); and/or
• [OTHER APPLICABLE PROVISION — verify exact section].

22. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

23. Defendant Driver's unexcused violation of these statutes constitutes negligence per se under Iowa law and was a proximate cause of Plaintiff's injuries and damages.

VI. COUNT III — OWNER LIABILITY / RESPONDEAT SUPERIOR / NEGLIGENT ENTRUSTMENT

(Against Defendant Owner)

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

25. Pursuant to Iowa Code § 321.493, Defendant Owner is liable for the damages caused by the negligence of any person who operated the vehicle with the owner's consent. Defendant Driver operated the vehicle with the express or implied consent of Defendant Owner.

26. In the alternative, to the extent Defendant Driver operated the vehicle within the course and scope of employment or agency with Defendant Owner, Defendant Owner is vicariously liable under the doctrine of respondeat superior.

27. In the further alternative, Defendant Owner negligently entrusted the vehicle to Defendant Driver with actual or constructive knowledge that Defendant Driver was incompetent, inexperienced, reckless, or otherwise unfit to operate the vehicle safely, and such negligent entrustment was a proximate cause of Plaintiff's injuries and damages.

VII. DAMAGES

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

29. Special (Economic) Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical, hospital, surgical, and rehabilitation expenses, past and future lost earnings and impaired earning capacity, and other out-of-pocket losses, in an amount to be proven at trial.

30. General (Noneconomic) Damages. Plaintiff has suffered and will suffer past and future physical pain and suffering, mental anguish, emotional distress, disfigurement and scarring, loss of function of mind and body, permanent impairment, and loss of full enjoyment of life, in an amount to be proven at trial.

31. Catastrophic Unprotected-Victim Injuries. Plaintiff alleges that, as an unprotected pedestrian struck by a motor vehicle, Plaintiff sustained injuries materially more severe than those typically suffered by occupants of enclosed vehicles, and seeks recovery for all injuries proximately caused by Defendants' negligence.

32. Plaintiff seeks prejudgment and post-judgment interest as allowed by Iowa Code § 535.3 and Iowa R. Civ. P. 1.915.

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

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) or hit-and-run claim. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been satisfied, and that UM/UIM benefits due and owing remain unpaid.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, and each of them, as follows:

A. Awarding compensatory damages, both special (economic) and general (noneconomic), in an amount to be proven at trial;

B. Awarding prejudgment and post-judgment interest and taxing the costs of this action against Defendants; and

C. Granting such other and further relief as the Court deems just and equitable.

X. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to article I, § 9 of the Iowa Constitution and Iowa R. Civ. P. 1.902.

XI. SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME], AT[________]
[STREET ADDRESS]
[CITY], Iowa [ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. VERIFICATION (OPTIONAL)

I, [PLAINTIFF FULL LEGAL NAME], declare under penalty of perjury and pursuant to the laws of the State of Iowa that the factual allegations in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

[________________________________]
[PLAINTIFF FULL LEGAL NAME]

XIII. SOURCES AND REFERENCES

• Iowa Code § 614.1(2) (Two-year limitation — personal injury) — https://www.legis.iowa.gov/docs/code/614.1.pdf
• Iowa Code § 668.3 (Comparative fault — effect; 51% bar) — https://www.legis.iowa.gov/docs/code/668.3.pdf
• Iowa Code § 321.327 (Pedestrians' and bicyclists' right-of-way) — https://www.legis.iowa.gov/docs/code/321.327.pdf
• Iowa Code § 321.328 (Crossing at other than crosswalk) — https://www.legis.iowa.gov/docs/code/321.328.pdf
• Iowa Code § 321.329 (Duty of driver — due care to avoid pedestrians) — https://www.legis.iowa.gov/docs/code/321.329.pdf
• Iowa Code § 321.285 (Speed restrictions); § 321.493 (Owner liability)
• Iowa Code ch. 516A (Uninsured/underinsured motorist coverage)
• Iowa R. Civ. P. 1.402, 1.902, 1.915 — https://www.legis.iowa.gov/

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