Pedestrian Accident Complaint - Maine

PEDESTRIAN ACCIDENT COMPLAINT — MAINE

Before filing: Keep only allegations supported by the crossing and signal evidence, identify the correct defendant, and check the claim's filing deadline. The general six-year period in 14 M.R.S. § 752 has exceptions: Maine Tort Claims Act claims generally require notice within 365 days under § 8107 and suit within two years under § 8110, while wrongful-death claims generally have a three-year period under 18-C M.R.S. § 2-807. File the separate Maine Civil Summary Sheet (CV-001) under Rule 5(h); a jury demand and fee must follow the Rule 38(b) scheduling order.

STATE OF MAINE — SUPERIOR COURT

[COUNTY] COUNTY

Docket No.: [TO BE ASSIGNED]

COMPLAINT AND JURY DEMAND

Parties, jurisdiction, and venue

1. Plaintiff [PLAINTIFF FULL NAME] resides at [ADDRESS], [COUNTY] County, Maine.

2. Defendant [DEFENDANT FULL NAME] is [PERSON / ENTITY TYPE] at [ADDRESS]. Defendant operated [VEHICLE YEAR, MAKE, MODEL] at the time of the collision.

3. This Court has jurisdiction under 4 M.R.S. § 105. Venue lies in [COUNTY] County under 14 M.R.S. § 501 because [A PARTY RESIDES HERE / THE COLLISION OCCURRED HERE].

Collision and injury

4. On [DATE] at approximately [TIME], Plaintiff was walking at [EXACT LOCATION AND DIRECTION] in [CITY/TOWN], Maine. Defendant was traveling [ROAD, DIRECTION, AND LANE].

5. Plaintiff was [ON A SIDEWALK / IN A MARKED CROSSWALK / ENTERING A MARKED CROSSWALK / CROSSING WITH A WALK SIGNAL / ON A ROADWAY OR SHOULDER / OTHER PRECISE POSITION]. The traffic-control devices were [OPERATING AND SHOWING __ / NOT IN OPERATION / ABSENT].

6. The collision occurred when [DESCRIBE VEHICLE MOVEMENTS, SIGNALS, ROAD CONDITIONS, PEDESTRIAN MOVEMENT, AND POINT OF IMPACT].

7. Defendant failed to exercise due care to avoid colliding with Plaintiff, contrary to 29-A M.R.S. § 2056(8)(A), by [SPECIFIC FACTS: INATTENTION / UNSAFE TURN / UNSAFE PASS / UNSAFE SPEED / OTHER SUPPORTED ACT]. This conduct caused the collision.

8. Defendant passed Plaintiff on a public way or shoulder while leaving less than three feet between the motor vehicle and Plaintiff, contrary to 29-A M.R.S. § 2056(2).

9. Defendant failed to yield to Plaintiff on the sidewalk, contrary to 29-A M.R.S. § 2056(3).

10. With traffic-control devices not in operation, Defendant failed to yield to Plaintiff [CROSSING IN / VISIBLY INTENDING TO ENTER] the marked crosswalk, contrary to 29-A M.R.S. § 2056(4).

11. Defendant approached from the rear and passed a vehicle stopped at an intersection or marked crosswalk to permit Plaintiff to cross, contrary to 29-A M.R.S. § 2056(7).

12. Plaintiff faced a "WALK" signal and crossed in the direction of that signal. Defendant failed to give Plaintiff the right-of-way required by 29-A M.R.S. § 2057(6)(A).

13. Defendant drove at a speed that was not careful and prudent under the traffic, road, and other conditions, contrary to 29-A M.R.S. § 2074(1).

14. A proven safety-statute violation may be evidence of negligence; it does not itself constitute negligence per se. Deane v. Central Maine Power Co., 2024 ME 72, ¶ 35.

15. Plaintiff sustained [SPECIFIC INJURIES], received [TREATMENT], and suffered [MEDICAL EXPENSES / LOST EARNINGS / PAIN AND SUFFERING / OTHER SUPPORTED LOSS].

Count I — Negligence

16. Plaintiff incorporates the preceding allegations.

17. Defendant owed Plaintiff reasonable care in operating the vehicle and breached that duty by the acts or omissions alleged above. The breach caused Plaintiff's injuries and damages.

Demand for relief

Plaintiff requests judgment for compensatory damages proved at trial, interest and costs allowed by law, and any further relief the Court determines proper. Plaintiff demands a jury trial on all issues triable of right by a jury under Maine R. Civ. P. 38.

Dated: [__/__/____]

________________________________________

[ATTORNEY NAME, MAINE BAR NUMBER / PLAINTIFF IF UNREPRESENTED]

[ADDRESS]

[EMAIL]

[TELEPHONE]

[Attorney for Plaintiff / Plaintiff, self-represented]