Pedestrian Accident Complaint - Idaho

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — IDAHO

IN THE DISTRICT COURT OF THE [________________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________]

Case No. [________________]

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

DEMAND FOR JURY TRIAL

COMES NOW Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, and for causes of action against Defendants alleges as follows:

I. PARTIES

1. Plaintiff is, and at all times relevant was, an individual residing in [COUNTY, STATE], and was a pedestrian lawfully using the public roadway at the time of the collision described below.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is, and at all times relevant was, an individual residing in [COUNTY, STATE], and was the operator of the motor vehicle that struck Plaintiff.

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

4. The true names and capacities of Defendants DOES 1–10 are presently unknown to Plaintiff, who will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes that each fictitiously named Defendant is responsible in some manner for the injuries and damages alleged herein.

II. JURISDICTION AND VENUE

5. The District Court has original jurisdiction under Idaho Code § 1-705. Plaintiff seeks the damages alleged below without stating an aggregate dollar amount for general or punitive damages.

6. Plaintiff alleges personal jurisdiction over each Defendant based on the following specific Idaho contacts and conduct: [FACTS FOR EACH DEFENDANT].

7. Venue is proper in this County pursuant to Idaho Code § 5-404 because the cause of action arose in this County and/or one or more Defendants reside in this County.

III. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing [STREET / HIGHWAY] [within a marked crosswalk without an operating traffic signal / within an unmarked crosswalk at an unsignalized intersection / with a pedestrian "Walk" signal under Idaho Code § 49-803(1) / OTHER SUPPORTED CROSSING] at or near [INTERSECTION / MILEPOST] in [CITY], [COUNTY] County, Idaho (the "Collision").

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

10. Plaintiff was crossing with reasonable care for his/her own safety, was visible to approaching traffic, and was crossing [within the crosswalk / with the right-of-way / in compliance with the applicable pedestrian-control signal].

11. Defendant Driver negligently caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: failing to yield to Plaintiff in an unsignalized crosswalk under Idaho Code § 49-702(1) / turning while Plaintiff was lawfully in the intersection or adjacent crosswalk under § 49-802(1)(a) or (b) / failing to keep a proper lookout / driving at an excessive or imprudent speed / driving while distracted / failing to slow, stop, or take evasive action to avoid striking Plaintiff].

12. As a direct and proximate result of the Collision, Plaintiff — an unprotected pedestrian without the structural protection or restraint systems of an enclosed vehicle — was struck and thrown to the pavement and sustained severe and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES — e.g., fractures, traumatic brain injury, spinal injury, internal injuries, degloving/road rash, disfiguring scarring].

13. [If supported: The [Idaho State Police / Sheriff's Office / Police Department] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE, with applicable subsection and signal conditions]. / No citation allegation.]

14. 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 as a result of the Collision.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver and Does 1–10)

15. Plaintiff realleges and incorporates by reference paragraphs 1 through 14 as though fully set forth herein.

16. Defendant Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care, to keep a proper lookout for pedestrians, and to yield the right-of-way where the applicable crossing or signal statute required it.

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

• Failing to yield the right-of-way to Plaintiff under [§ 49-702(1) for a crossing without operating signals / § 49-802(1)(a) or (b) for a turning driver facing a green indication / § 49-707 for a driver crossing a sidewalk];
• Failing to keep a proper and careful lookout for pedestrians;
• Operating the vehicle at a speed greater than was reasonable and prudent under the conditions;
• Operating the vehicle while distracted or inattentive;
• Failing to slow, stop, or take evasive action to avoid striking Plaintiff when the danger was or should have been apparent; and/or
• Otherwise operating the vehicle in a careless and negligent manner.

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

19. As a direct and proximate result, Plaintiff has suffered and will suffer the economic and noneconomic damages described in Count IV (Damages) below.

V. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver and Does 1–10)

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 Idaho's motor-vehicle laws enacted to protect persons such as Plaintiff against the type of harm that occurred, including but not limited to:

• Idaho Code § 49-702(1) (unsignalized crosswalks): when traffic-control signals are absent or inactive, the driver must yield to a pedestrian crossing within a crosswalk;
• Idaho Code § 49-802(1)(a) or (b) (turning at a green indication): a turning driver must yield to pedestrians lawfully within the intersection or adjacent crosswalk;
• Idaho Code § 49-707 (Pedestrians' Right-of-Way on Sidewalks): the driver of a vehicle crossing a sidewalk shall yield the right-of-way to any pedestrian and all other traffic on the sidewalk;
• Idaho Code § 49-654 (Basic Rule and Maximum Speed Limits); and/or
• [OTHER APPLICABLE PROVISION — e.g., § 49-706 when a pedestrian with a disability carries a visible white cane or is accompanied by a service dog; verify facts].

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

23. Defendant Driver's violation of each selected statute supports negligence per se if its required conduct, protected class, type of harm, and proximate-cause elements are established. Infanger v. State of Idaho, Idaho Supreme Court No. 52692 (Sept. 24, 2026). Plaintiff alleges those elements based on the facts above.

VI. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY

(Against Defendant Owner)

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

25. Defendant Owner owned and/or controlled the vehicle operated by Defendant Driver at the time of the Collision.

26. 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 for the negligent acts and omissions of Defendant Driver.

27. In the 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, because [SPECIFIC FACTS SHOWING KNOWLEDGE, ENTRUSTMENT, AND CAUSATION]. Plaintiff asserts this alternative only where Wise permits an independent entrustment theory on the facts.

28. As a direct and proximate result, Plaintiff has suffered the damages described below.

VII. COUNT IV — DAMAGES

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

30. Economic Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical and rehabilitation expenses, lost wages and diminished earning capacity, and other out-of-pocket losses, presently estimated to exceed $[________], subject to proof at trial.

31. Noneconomic Damages. Plaintiff has suffered and will suffer physical pain, mental anguish, emotional distress, disfigurement and scarring, permanent impairment, and loss of enjoyment of life, in an amount to be proven at trial, subject to Idaho Code § 6-1603's annually adjusted limit where it applies. The statute excludes causes arising from willful or reckless misconduct and acts the trier of fact finds beyond a reasonable doubt would constitute a state or federal felony.

32. Prejudgment Interest. Plaintiff seeks prejudgment interest only if separate claim- and accrual-specific law makes it available. Idaho Code § 28-22-104(1) supplies a rate for its listed money categories but does not itself select an accrual date for this personal-injury claim.

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

[If supported by the policy and facts: Plaintiff is an insured under Policy No. [NUMBER] issued by Defendant [UM/UIM CARRIER]. The policy covers this collision because [POLICY TERMS AND FACTS]. Plaintiff satisfied or was excused from each applicable condition because [FACTS]. The carrier failed to pay benefits owed under [POLICY PROVISION].]

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against each Defendant for that Defendant's apportioned share of damages and, where the acting-in-concert or agency exception applies, jointly and severally under Idaho Code § 6-803(5), as follows:

A. For economic damages in an amount to be proven at trial;

B. For noneconomic damages in an amount to be proven at trial, subject to Idaho Code § 6-1603 where applicable;

C. For prejudgment and post-judgment interest as allowed by law;

D. For recoverable costs of suit; attorney fees only on a separately identified legal basis [AUTHORITY / NONE]; and

E. For such other and further relief as the Court deems just and proper.

X. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Idaho R. Civ. P. 38. Plaintiff [will / will not] stipulate to a jury of fewer than twelve persons but at least six.

XI. SIGNATURE

DATED this [____] day of [_______________], 20[____].

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], ISB No. [________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. VERIFICATION (OPTIONAL)

State of Idaho, County of [________________].

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint and know the contents thereof; and the same is true to my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

[________________________________]
[PLAINTIFF FULL LEGAL NAME]

SUBSCRIBED AND SWORN before me this [____] day of [_______________], 20[____].

[________________________________]
Notary Public for Idaho
My Commission Expires: [____________]

XIII. SOURCES AND REFERENCES

• Idaho Code § 5-219 (Two-year limitation for personal injury actions) — https://legislature.idaho.gov/statutesrules/idstat/title5/t5ch2/sect5-219/
• Idaho Code § 6-801 (Comparative negligence — individual comparison with the person against whom recovery is sought) — https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/
• Idaho Code § 6-802 (Apportionment of fault); § 6-1603 (Limitation on noneconomic damages, as adjusted)
• Idaho Code § 49-702 (Pedestrians' right-of-way in crosswalks) — https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH7/SECT49-702/
• Idaho Code § 49-703 (Pedestrians to use right half of crosswalks); § 49-704 (Crossing at other than crosswalks)
• Idaho Code § 49-707 (Pedestrians' right-of-way on sidewalks); § 49-706 (Pedestrian with a disability carrying a visible white cane or accompanied by a service dog)
• Idaho Code §§ 49-802(1), 49-803(1) (Traffic and pedestrian-control signals)
• Idaho Code § 49-654 (Basic rule and maximum speed limits)
• Idaho Code § 1-705 (District Court original and appellate jurisdiction); § 5-404 (venue for other actions)
• Idaho R. Civ. P. 3, 8, 38 — https://isc.idaho.gov/

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