Pedestrian Accident Complaint - North Dakota

PEDESTRIAN ACCIDENT COMPLAINT — NORTH DAKOTA

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 — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Damages
8. No-Fault Threshold and Comparative-Fault Reservation
9. Prayer for Relief
10. Demand for Trial by Jury
11. Signature and Service Blocks
12. Verification
13. Certificate of Service
14. North Dakota Practice Notes
15. Sources and References

1. CAPTION

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NORTH DAKOTA

[________] JUDICIAL DISTRICT

CIVIL NO. [________________________________]

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

DEMAND FOR JURY TRIAL

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual resident of [COUNTY] County, North Dakota, and at all material times was lawfully traveling on foot as a pedestrian upon or across the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, upon information and belief, an individual resident of [COUNTY / STATE] and may be served with process pursuant to N.D.R.Civ.P. 4 at [SERVICE ADDRESS].

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / an LLC] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant. Owner Defendant may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This action arises under North Dakota tort law for personal injuries sustained when a motor vehicle struck Plaintiff, a pedestrian, in [COUNTY] County, North Dakota, on [__/__/____].

5. This Court has subject-matter jurisdiction under N.D. Const. art. VI, § 8 and N.D. Cent. Code § 27-05-06.

6. Venue is proper in this county under N.D. Cent. Code § 28-04-05 because one or more Defendants resides here. If no Defendant resides in North Dakota, venue also may lie in the county where Plaintiff resides or where the cause of action arose.

3. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing [ROADWAY] [within a marked crosswalk / within an unmarked crosswalk at the intersection with [CROSS STREET] / with the WALK signal at the intersection of [STREETS]], in [CITY / TOWNSHIP], North Dakota (the "Collision").

8. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant, traveling [northbound / southbound / etc.] on [ROADWAY].

9. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight; dusk; nighttime with street lighting], and Plaintiff was [plainly visible / within the driver's unobstructed line of sight / had the pedestrian right of way].

10. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., failed to yield the right of way to Plaintiff crossing in the crosswalk; turned left or right across the crosswalk into Plaintiff's path; failed to keep a proper lookout for pedestrians; was traveling at an excessive or unsafe speed; was distracted; failed to stop or slow despite Plaintiff being plainly visible] and struck Plaintiff.

11. Although Plaintiff was plainly visible and had the right of way, Driver Defendant "looked but failed to see" Plaintiff, failed to slow down or stop, and failed to exercise the due care required of a driver to avoid colliding with a pedestrian.

12. Plaintiff was crossing in a lawful, prudent, and careful manner at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

13. As a direct and proximate result of the Collision, Plaintiff — an unprotected pedestrian with no vehicle structure, restraint system, or crumple zone to absorb the forces of impact — was struck, thrown, and/or dragged, and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., traumatic brain injury, skull and orthopedic fractures, spinal cord injury, internal organ injuries, crush and degloving injuries, and disfiguring scarring].

14. Because a pedestrian struck by a motor vehicle absorbs the full force of the impact directly upon the body, the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by vehicle occupants.

15. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care.

16. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

17. Plaintiff realleges and incorporates Paragraphs 1 through 16 as if fully set forth herein.

18. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the North Dakota rules of the road, to yield the right of way to a pedestrian crossing within a crosswalk, to keep a proper lookout for pedestrians, and to exercise due care to avoid colliding with any pedestrian upon the roadway.

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

• Failing to yield the right of way to Plaintiff, a pedestrian crossing within a crosswalk;
• Failing to keep a proper and careful lookout for pedestrians, including Plaintiff;
• Failing to exercise due care to avoid colliding with a pedestrian as required by law;
• Failing to slow down or stop when need be to yield to and avoid striking Plaintiff;
• Turning across the path of, or into, the crosswalk occupied by Plaintiff;
• Operating the vehicle at an excessive or unsafe speed for conditions;
• Driving while distracted, inattentive, or impaired;
• Failing to give warning by sounding the horn when necessary; and
• Failing to maintain proper control of the vehicle.

20. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

21. As a direct and proximate result, Plaintiff has sustained the damages described in Section 7 below.

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

22. Plaintiff realleges and incorporates Paragraphs 1 through 21 as if fully set forth herein.

23. The North Dakota rules of the road impose specific statutory duties on Driver Defendant for the protection of pedestrians lawfully using the roadway, including Plaintiff. These include, as applicable to the manner of the Collision:

• N.D. Cent. Code § 39-10-28(1) — when traffic-control signals are not in place or not 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 crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger;
• N.D. Cent. Code § 39-10-28(4) — a driver approaching from the rear shall not overtake and pass a vehicle stopped at a marked or unmarked crosswalk to permit a pedestrian to cross;
• N.D. Cent. Code § 39-10-31 — notwithstanding the other provisions of the chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway; and
• N.D. Cent. Code § 39-10-13 / § 39-09-01 — duties regarding lawful and reasonable speed and careful driving (cite the applicable speed/careless-driving provision).

24. Plaintiff is within the class of persons the foregoing statutes were enacted to protect — pedestrians upon the roadway — and the Collision is precisely the type of harm those statutes were designed to prevent.

25. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Such violation constitutes negligence per se under North Dakota law, and was a direct and proximate cause of Plaintiff's injuries and damages.

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

26. Plaintiff realleges and incorporates Paragraphs 1 through 25 as if fully set forth herein.

27. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

28. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

29. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

7. DAMAGES

30. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following:

• Past and future medical expenses — emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care;
• Future medical and life care — anticipated surgeries, therapy, assistive devices, and long-term and attendant care, to be proven at trial;
• Lost wages and diminished earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Physical pain, suffering, and mental anguish — past and future;
• Permanent physical impairment and disfigurement, including scarring from impact and surgical intervention;
• Loss of enjoyment of life; and
• Property damage to clothing, mobility devices, and personal effects.

31. Plaintiff pleads each category of damage separately and in the alternative.

8. NO-FAULT THRESHOLD AND COMPARATIVE-FAULT RESERVATION

33. As a pedestrian struck by a motor vehicle, Plaintiff is an insured/eligible person entitled to basic no-fault benefits under North Dakota's Auto Accident Reparations Act, N.D. Cent. Code ch. 26.1-41. Plaintiff has sustained a "serious injury" within the meaning of the Act, including [one or more of: medical expenses exceeding the statutory threshold / a bone fracture / permanent and serious disfigurement / permanent disability or impairment / death], thereby permitting this tort action for noneconomic loss notwithstanding the no-fault scheme.

34. Any basic no-fault benefits Plaintiff has received or will receive are subject to offset only as allowed by N.D. Cent. Code ch. 26.1-41.

35. Plaintiff denies any comparative fault. Pursuant to N.D. Cent. Code § 32-03.2-02, Plaintiff pleads in the alternative that any fault attributable to Plaintiff was not "as great as the combined fault" of all other persons who contributed to the injury, such that recovery is not barred and any damages should be diminished only in proportion to Plaintiff's proven fault, if any.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants as follows:

• A. General and special compensatory damages in an amount to be proven at trial, exceeding the jurisdictional minimum of this Court;
• B. Pre-judgment and post-judgment interest as allowed by law;
• C. Costs, disbursements, and reasonable attorney fees where recoverable; and
• D. Such other and further relief as the Court deems just and equitable.

10. DEMAND FOR TRIAL BY JURY

Pursuant to N.D. Const. art. I, § 13 and N.D.R.Civ.P. 38, Plaintiff hereby demands a trial by jury on all issues so triable.

11. SIGNATURE AND SERVICE BLOCKS

Dated this [____] day of [MONTH], 20[____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME] (ND Bar No. [________])

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, ND ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of North Dakota that I am the Plaintiff in the foregoing action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]

[PLAINTIFF NAME], Plaintiff

13. CERTIFICATE OF SERVICE

I hereby certify that on this the [____] day of [_______________], 20[____], I served (or will cause to be served with the summons) a copy of the foregoing COMPLAINT upon Defendants pursuant to N.D.R.Civ.P. 4 by [personal service / process server / certified mail, return receipt requested], addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

14. NORTH DAKOTA PRACTICE NOTES

• Statute of limitations. Section 28-01-16(5) gives six years after accrual only to a noncontract injury claim when not otherwise expressly provided. Classify every claim, defendant, and accrual rule; wrongful death, malpractice, intentional torts, government claims, UCC warranty, and other categories may use different provisions. The section itself states discovery accrual only for fraud in subsection (6).
• Modified comparative fault (50%/"as great as" bar) — the central issue. Under N.D. Cent. Code § 32-03.2-02, the plaintiff's contributory fault bars recovery only if it was "as great as the combined fault" of all others who contributed to the injury; otherwise damages are reduced in proportion to the plaintiff's fault. A plaintiff who is exactly 50% at fault recovers nothing. Liability is several except for persons who act in concert in committing a tortious act or aid, encourage, ratify, or adopt it for their benefit. For a qualifying two-person motor-vehicle property claim within § 32-03.2-02.1's dollar and greater-than-50-percent predicates, ordinary fault reduction does not apply to the covered property damages. Pedestrian-fault arguments are routine, so allocation remains important.
• No-fault threshold. North Dakota is a no-fault state under the Auto Accident Reparations Act, ch. 26.1-41. A pedestrian struck by an insured vehicle is generally eligible for basic no-fault (PIP) benefits, and a tort action for noneconomic loss requires meeting the serious-injury threshold; importantly, a bone fracture independently qualifies, as do permanent serious disfigurement, permanent disability/impairment, death, or medical expenses exceeding the statutory amount. Pedestrian crashes commonly satisfy this threshold. Plead the qualifying injury (see ¶ 33).
• Driver's crosswalk-yield duty. N.D. Cent. Code § 39-10-28 requires a driver to yield (slowing or stopping if need be) to a pedestrian in a crosswalk when signals are absent or not operating, and prohibits overtaking a vehicle stopped for a crossing pedestrian. This is the primary negligence-per-se predicate.
• Driver's general due-care duty. N.D. Cent. Code § 39-10-31 imposes a duty on every driver to exercise due care to avoid colliding with any pedestrian, to sound the horn when necessary, and to exercise proper precaution upon observing a child or a confused or incapacitated person — the key predicate in mid-block and non-crosswalk cases. Verify the exact section/caption against the current Century Code.
• Pedestrian's own duties. N.D. Cent. Code § 39-10-29 requires a pedestrian crossing outside a crosswalk to yield to vehicles; § 39-10-28(2) prohibits suddenly leaving a curb into a vehicle's path; § 39-10-33 governs walking along the roadway. Anticipate these as comparative-fault arguments.
• Punitive damages. Exemplary damages may not be requested in the initial complaint. Section 32-03.2-11(1) requires a supported post-filing motion and court permission to amend; recovery at trial requires clear and convincing evidence of oppression, fraud, or malice.
• UM/UIM and hit-and-run. North Dakota requires uninsured-motorist coverage and offers underinsured-motorist coverage. A pedestrian may be an "insured" under [his/her/their] own or a resident relative's policy even though on foot. Where the driver fled or is uninsured/underinsured, promptly identify and notify the plaintiff's own UM/UIM carrier, preserve those claims, and comply with consent-to-settle / subrogation procedures before resolving the liability claim.
• Service. Service is governed by N.D.R.Civ.P. 4; out-of-state defendants may be served under the long-arm provisions of Rule 4(b).

15. SOURCES AND REFERENCES

• North Dakota Century Code (Title 26.1 — Insurance; Title 28 — Judicial Procedure, Civil; Title 32 — Judicial Remedies; Title 39 — Motor Vehicles) — https://www.legis.nd.gov/general-information/north-dakota-century-code
• N.D. Cent. Code § 28-01-16(5) (six-year limitations)
• N.D. Cent. Code § 32-03.2-02 (modified comparative fault) — https://ndlegis.gov/cencode/t32c03-2.pdf
• N.D. Cent. Code ch. 26.1-41 (Auto Accident Reparations Act — no-fault)
• N.D. Cent. Code § 39-10-28 (pedestrian's right of way in crosswalk) — https://codes.findlaw.com/nd/title-39-motor-vehicles/nd-cent-code-sect-39-10-28/
• N.D. Cent. Code § 39-10-29 (crossing at other than crosswalk) — https://codes.findlaw.com/nd/title-39-motor-vehicles/nd-cent-code-sect-39-10-29/
• N.D. Cent. Code § 39-10-31 (protection of pedestrians; driver due care); § 39-10-33 (pedestrian on roadway)
• N.D. Cent. Code § 32-03.2-11 (exemplary damages)
• North Dakota Rules of Civil Procedure (Rules 4, 8, 38)
• North Dakota Pattern Jury Instructions — Civil (Pedestrian; Comparative Fault)

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