Pedestrian Accident Complaint

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — INDIANA

IN THE [CIRCUIT / SUPERIOR] COURT OF [________________] COUNTY, INDIANA

Cause No. [________________]

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

Plaintiff, [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by counsel, for his/her Complaint against Defendants, alleges and states as follows:

I. PARTIES

1. Plaintiff is, and at all relevant times was, a resident of [COUNTY] County, Indiana, and was a pedestrian lawfully using the public roadways and crosswalks of this State 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 [COUNTY] County, Indiana, 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 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 Ind. Code § 33-29-1-1 (and the corresponding provisions governing Circuit Courts).

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

6. Venue is preferred in this County pursuant to Indiana Trial Rule 75(A) 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 lawfully crossing [STREET / HIGHWAY] [within a marked crosswalk / within an unmarked crosswalk at the intersection / with the pedestrian "WALK" signal] at or near [INTERSECTION] in [CITY], [COUNTY] County, Indiana (the "Collision").

8. 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.

9. 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].

10. Defendant Driver caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: failing to yield the right-of-way to Plaintiff, a pedestrian lawfully in a crosswalk / failing to keep a proper lookout / driving at a speed greater than was reasonable and prudent / driving while distracted / failing to slow, stop, or take evasive action to avoid striking Plaintiff].

11. 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].

12. The [Indiana State Police / Sheriff's Office / Police Department] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE — e.g., Ind. Code § 9-21-8-37].

13. 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)

14. Plaintiff incorporates by reference paragraphs 1 through 13 as though fully set forth herein.

15. At all relevant times, Defendant Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care, to keep a proper lookout for pedestrians, to yield the right-of-way to pedestrians lawfully in crosswalks, to obey Indiana's traffic laws, and to refrain from creating an unreasonable risk of harm to persons lawfully using the roadway.

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

a. Failing to yield the right-of-way to Plaintiff, a pedestrian lawfully crossing within a crosswalk;

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

c. Operating the vehicle at a speed greater than was reasonable and prudent under the conditions;

d. Operating the vehicle while distracted or inattentive;

e. Failing to slow, stop, sound an audible signal, or take evasive action to avoid striking Plaintiff when the danger was or should have been apparent; and/or

f. Otherwise carelessly and negligently operating the vehicle.

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

V. COUNT II — NEGLIGENCE PER SE

(Against Defendant Driver)

18. Plaintiff incorporates by reference paragraphs 1 through 17 as though fully set forth herein.

19. At the time of the Collision, Defendant Driver violated one or more provisions of Indiana's motor-vehicle laws enacted for the protection of persons such as Plaintiff, including but not limited to:

• Ind. Code § 9-21-8-37 (Pedestrians and Children; Due Care): a person who drives a vehicle shall "exercise due care to avoid colliding with a pedestrian or a person propelling a human powered vehicle, giving an audible signal when necessary," and shall "exercise proper caution upon observing a child or an obviously confused, incapacitated, or intoxicated person";
• Ind. Code § 9-21-3-7 (Traffic-Control Signals): vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk or intersection at the time the signal is exhibited;
• Ind. Code § 9-21-17-6 (no overtaking and passing a vehicle stopped at a crosswalk to permit a pedestrian to cross); and/or
• [OTHER APPLICABLE PROVISION — e.g., speed under Ind. Code § 9-21-5; verify exact section].

20. 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.

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

VI. COUNT III — RESPONDEAT SUPERIOR / NEGLIGENT ENTRUSTMENT

(Against Defendant Owner)

22. Plaintiff incorporates by reference paragraphs 1 through 21 as though fully set forth herein.

23. 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 negligence of Defendant Driver.

24. 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, and such negligent entrustment was a proximate cause of Plaintiff's injuries and damages.

VII. DAMAGES

25. Plaintiff incorporates by reference paragraphs 1 through 24 as though fully set forth herein.

26. 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 impaired earning capacity, and other out-of-pocket losses, in an amount to be proven at trial.

27. Noneconomic Damages. Plaintiff has suffered and will suffer physical pain and suffering, mental anguish, emotional distress, disfigurement and scarring, permanent impairment, and loss of enjoyment of life, in an amount to be proven at trial.

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

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim, including a hit-and-run collision. 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 met, 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 economic and noneconomic, in an amount to be proven at trial;

B. Awarding costs of this action and prejudgment and post-judgment interest as allowed by law;

C. Granting all other relief just and proper in the premises.

X. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to Indiana Trial Rule 38 and article 1, § 20 of the Indiana Constitution.

XI. SIGNATURE

Respectfully submitted,

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

XII. CERTIFICATE OF SERVICE (IF SERVED WITH OTHER FILINGS)

I certify that on [__/__/____], a copy of the foregoing was served on all parties of record in accordance with Indiana Trial Rule 5 and the Indiana E-Filing System.

[________________________________]
[ATTORNEY NAME]

XIII. SOURCES AND REFERENCES

• Ind. Code § 34-11-2-4 (Two-year limitation — personal injury) — https://law.justia.com/codes/indiana/title-34/article-11/chapter-2/section-34-11-2-4/
• Ind. Code § 34-51-2-6 (Comparative Fault Act — bar to recovery) — https://iga.in.gov/laws/2024/ic/titles/34#34-51-2-6
• Ind. Code § 9-21-8-37 (Drivers to exercise due care to avoid colliding with pedestrian) — https://law.justia.com/codes/indiana/title-9/article-21/chapter-8/section-9-21-8-37/
• Ind. Code § 9-21-3-7 (Traffic-control signals; driver yields to pedestrian in crosswalk) — https://law.justia.com/codes/indiana/title-9/article-21/chapter-3/section-9-21-3-7/
• Ind. Code § 9-21-17 et seq. (Pedestrians) — § 9-21-17-5 (dart-out), § 9-21-17-6 (no passing stopped vehicle), § 9-21-17-7 (crossing outside crosswalk) — https://law.justia.com/codes/indiana/title-9/article-21/chapter-17/
• Ind. Code § 27-7-5 (Uninsured/underinsured motorist coverage)
• Indiana Trial Rules 8, 38, 75 — https://www.in.gov/courts/rules/

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