Pedestrian Accident Complaint - Texas

PEDESTRIAN ACCIDENT COMPLAINT — TEXAS (PLAINTIFF'S ORIGINAL PETITION)

TABLE OF CONTENTS

1. Caption / Style of the Case
2. Discovery Control Plan
3. Parties
4. Jurisdiction and Venue
5. Factual Background
6. Count I — Negligence (Against Defendant Driver)
7. Count II — Negligence Per Se (Crosswalk / Yield / Due Care)
8. Count III — Negligent Entrustment / Respondeat Superior (Against Defendant Owner)
9. Count IV — Gross Negligence and Exemplary Damages
10. Damages
11. Proportionate Responsibility
12. Uninsured / Underinsured Motorist and Hit-and-Run Note
13. Conditions Precedent
14. Jury Demand
15. Prayer
16. Request for Service of Citation
17. Signature Block
18. Certificate of Service
19. Texas Practice Notes
20. Sources and References

1. CAPTION / STYLE OF THE CASE

CAUSE NO. [________]

IN THE DISTRICT COURT OF [COUNTY] COUNTY, TEXAS

[________] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION — COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION)

JURY TRIAL DEMANDED

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff [PLAINTIFF NAME] files this Original Petition complaining of Defendants and respectfully shows the Court as follows:

2. DISCOVERY CONTROL PLAN

1. Plaintiff intends that discovery be conducted under Level [2 / 3] of Rule 190 of the Texas Rules of Civil Procedure.

3. PARTIES

2. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an individual resident of [COUNTY] County, Texas, who at all material times was lawfully present as a pedestrian upon or alongside the public roadways of this State.

3. Defendant [DRIVER NAME] ("Driver Defendant") is an individual resident of [COUNTY / STATE] who may be served with process at [SERVICE ADDRESS] or wherever Defendant may be found.

4. 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 through its registered agent, [REGISTERED AGENT / ADDRESS].

4. JURISDICTION AND VENUE

5. The Court has subject-matter jurisdiction over this civil matter pursuant to Tex. Gov't Code § 24.007. Pursuant to Rule 47(c), Tex. R. Civ. P., Plaintiff seeks monetary relief [over $250,000 but not more than $1,000,000 / over $1,000,000 / select the appropriate Rule 47 range].

6. Venue is proper in [COUNTY] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in this county.

7. This action is timely commenced within the two-year limitations period of Tex. Civ. Prac. & Rem. Code § 16.003, the Collision having occurred on [__/__/____].

5. FACTUAL BACKGROUND

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing / walking [DESCRIBE — e.g., within the marked crosswalk at the intersection of ___ and ___; within an unmarked crosswalk at the intersection of ___; upon a sidewalk extending across the driveway at ___; along the shoulder of ___ facing oncoming traffic], in [CITY, COUNTY], Texas (the "Collision").

9. 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 [direction] on [ROADWAY].

10. [Where applicable] A traffic-control or pedestrian-control signal [displayed "WALK" in Plaintiff's direction of travel / displayed a green light for Plaintiff / was not in place or not in operation], and Plaintiff had the right-of-way and was crossing within the crosswalk.

11. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight; or dusk / nighttime, with Plaintiff in or near a marked crosswalk].

12. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER — e.g., failed to stop and yield to Plaintiff in the crosswalk; turned left or right across the crosswalk into Plaintiff's path; failed to keep a proper lookout and struck Plaintiff; traveled at an excessive or unsafe speed; was distracted by a mobile device; passed a vehicle stopped at the crosswalk to let Plaintiff cross; ran a red light or stop sign].

13. Plaintiff was plainly visible to Driver Defendant, who failed to see Plaintiff in time, misjudged the situation, and/or failed to exercise the due care that Texas law requires of every driver to avoid colliding with a pedestrian.

14. Plaintiff was exercising reasonable care for Plaintiff's own safety at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

15. As a direct and proximate result of the Collision, Plaintiff — an unprotected pedestrian struck by the mass and force of a motor vehicle — sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving / road rash, and disfiguring scarring].

16. Because a pedestrian has no structural protection, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of vehicles.

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

6. COUNT I — NEGLIGENCE (Against Defendant Driver)

18. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

19. Duty. Driver Defendant owed Plaintiff a legal duty to exercise ordinary care in the operation of a motor vehicle, to obey the Texas rules of the road, to keep a proper lookout for pedestrians, to stop and yield the right-of-way to a pedestrian lawfully within a crosswalk, and to exercise due care to avoid colliding with any pedestrian upon the roadway.

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

• Failing to stop and yield the right-of-way to Plaintiff, a pedestrian crossing within a crosswalk;
• Failing to keep a proper and careful lookout for pedestrians;
• Operating the vehicle at a speed greater than was reasonable and prudent for the conditions and the presence of pedestrians;
• Driving while distracted, inattentive, or impaired;
• Failing to exercise due care to avoid colliding with a pedestrian and to sound a warning when necessary;
• Passing a vehicle stopped at a crosswalk to permit a pedestrian to cross; and
• Failing to take reasonable evasive action to avoid striking Plaintiff.

21. Causation. Each of the foregoing acts and omissions, separately and in combination, proximately caused the Collision and Plaintiff's injuries and damages.

7. COUNT II — NEGLIGENCE PER SE (Crosswalk / Yield / Due Care)

22. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

23. Chapter 552 of the Texas Transportation Code imposes specific statutory duties on Driver Defendant enacted for the protection of pedestrians such as Plaintiff. These include, as applicable to the manner of the Collision:

• Tex. Transp. Code § 552.003(a) — the operator of a vehicle shall stop and yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if no traffic-control signal is in place or operation and the pedestrian is on the half of the roadway in which the vehicle is traveling or is approaching so closely from the opposite half as to be in danger; and, under § 552.003(c), the operator of a vehicle approaching from the rear of a vehicle stopped at a crosswalk to permit a pedestrian to cross may not pass the stopped vehicle;
• Tex. Transp. Code § 552.002(b) — a pedestrian facing a "Walk" signal may proceed across the roadway in the direction of the signal, and the operator of a vehicle shall stop and yield the right-of-way to the pedestrian;
• Tex. Transp. Code § 552.008 — notwithstanding any other provision of Chapter 552, the operator of a vehicle shall exercise due care to avoid colliding with a pedestrian on a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or an obviously confused or incapacitated person on a roadway; and
• Tex. Transp. Code § 552.006(c) — the operator of a vehicle emerging from or entering an alley, building, or private road or driveway shall stop and yield the right-of-way to a pedestrian approaching on a sidewalk extending across that entrance.

24. 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.

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 Texas law, and was a direct and proximate cause of Plaintiff's injuries and damages.

8. COUNT III — NEGLIGENT ENTRUSTMENT / RESPONDEAT SUPERIOR (Against Defendant Owner)

26. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

27. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or should have known, that Driver Defendant was an unlicensed, incompetent, or reckless driver, and that entrustment was a proximate cause of Plaintiff's injuries.

28. Alternatively, at the time of the Collision, Driver Defendant was acting within the course and scope of employment with or agency for Owner Defendant, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

9. COUNT IV — GROSS NEGLIGENCE AND EXEMPLARY DAMAGES

29. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.

30. Driver Defendant's conduct, viewed objectively from Driver Defendant's standpoint at the time, involved an extreme degree of risk considering the probability and magnitude of the potential harm to others, and Driver Defendant had actual, subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, and welfare of others.

31. Such conduct constitutes gross negligence, entitling Plaintiff to exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003, subject to the statutory limitations in § 41.008.

10. DAMAGES

32. As a direct and proximate result of Defendants' conduct, Plaintiff seeks the following damages, within the jurisdictional limits of the Court:

• Economic damages: reasonable and necessary medical expenses incurred in the past and, in reasonable probability, to be incurred in the future; loss of earnings in the past and loss of earning capacity in the future; and property damage to personal effects;
• Non-economic damages: physical pain and suffering in the past and future; mental anguish in the past and future; physical impairment in the past and future; and disfigurement in the past and future, including scarring from road rash and surgical intervention;
• Exemplary damages as pleaded in Count IV, subject to Tex. Civ. Prac. & Rem. Code § 41.008;
• Pre-judgment and post-judgment interest as allowed by law; and
• Costs of court.

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

11. PROPORTIONATE RESPONSIBILITY

34. Without admitting any fault, Plaintiff pleads that, pursuant to Tex. Civ. Prac. & Rem. Code §§ 33.001 and 33.003, the trier of fact should determine and compare the proportionate responsibility of all parties and any designated responsible third parties. Plaintiff's percentage of responsibility, if any, is not greater than fifty percent (50%), and Plaintiff's recovery shall be reduced only to the extent, if any, required by law.

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

35. A pedestrian struck by a motor vehicle is an "insured" entitled to recover under the pedestrian's own (and a resident relative's) uninsured/underinsured-motorist (UM/UIM) coverage under Tex. Ins. Code § 1952.101 et seq., even though the pedestrian was not occupying a vehicle. UM coverage also responds to a hit-and-run / phantom vehicle. Plaintiff reserves all rights under any applicable UM/UIM coverage and will comply with the notice, consent-to-settle, and subrogation provisions of any such policy.

13. CONDITIONS PRECEDENT

36. All conditions precedent to Plaintiff's recovery have been performed, have occurred, or have been waived.

14. JURY DEMAND

37. Plaintiff demands a trial by jury and tenders (or will timely tender) the requisite jury fee. U.S. Const. amend. VII; Tex. Const. art. I, § 15; Rule 216, Tex. R. Civ. P.

15. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendants be cited to appear and answer, and that on final trial Plaintiff have judgment against Defendants, jointly and severally, for:

• A. Actual damages as set forth above;
• B. Exemplary damages as set forth in Count IV;
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of court; and
• E. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

16. REQUEST FOR SERVICE OF CITATION

Plaintiff requests that citation be issued and that service be perfected on each Defendant in any manner authorized by Rules 106 and 108, Tex. R. Civ. P., at the addresses set forth above or wherever each Defendant may be found.

17. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: /s/ [________________________________]

[ATTORNEY NAME]

State Bar No. [________]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

ATTORNEY FOR PLAINTIFF

18. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of this document was served on all counsel of record (or will be served with citation upon Defendants) in compliance with Rules 21 and 21a, Tex. R. Civ. P.

/s/ [________________________________]

[ATTORNEY NAME]

19. TEXAS PRACTICE NOTES

• Statute of limitations. Personal-injury actions in Texas must be commenced within two years of accrual. Tex. Civ. Prac. & Rem. Code § 16.003. Claims against governmental units carry a separate, shorter notice requirement (commonly six months, or less by local charter) under the Texas Tort Claims Act — verify if any defendant is a governmental unit (e.g., a city vehicle or transit bus struck the pedestrian).
• PROPORTIONATE RESPONSIBILITY — the central liability issue. Under Chapter 33, a claimant whose percentage of responsibility is greater than 50% is barred from recovery (§ 33.001), and a recovering claimant's damages are reduced by the claimant's percentage (§ 33.012). Defendants may designate responsible third parties under § 33.004 (subject to its deadlines); monitor for designations. Joint and several liability attaches only where a defendant's responsibility exceeds 50% (§ 33.013). Unlike the pure-contributory-negligence states, a Texas pedestrian who is, e.g., 30% at fault still recovers 70%.
• Crosswalk / yield / due-care statutes. Chapter 552 governs: § 552.003 (driver to stop and yield to a pedestrian in a crosswalk when no signal controls — note the statute now reads "stop and yield"); § 552.002 (driver to stop and yield to a pedestrian facing a "Walk" signal); § 552.008 (driver's overriding due-care duty to avoid any pedestrian, sound the horn, and use special precaution for children and the confused or incapacitated). The reciprocal pedestrian duties — § 552.003(b) (no sudden "dart out"), § 552.005 (yield when crossing outside a crosswalk), § 552.006 (use an available sidewalk; otherwise walk facing traffic) — supply the defense's proportionate-responsibility theory. Note that HB 1277 (eff. Sept. 1, 2023) removed most state-level criminal "jaywalking" penalties, but did not change the civil right-of-way rules; a pedestrian crossing outside a crosswalk can still be assigned fault. Investigate the precise crossing location, signal phase, conspicuity, and speed.
• UM/UIM and hit-and-run. A pedestrian is an "insured" who may recover under their own (and a resident relative's) UM/UIM coverage and against a hit-and-run / phantom vehicle. Texas requires a Brainard prerequisite (a judgment or binding determination of the tortfeasor's liability and damages) before a UIM benefit is payable; structure the case accordingly, and comply with notice, consent-to-settle, and subrogation provisions. Verify current Tex. Ins. Code Chapter 1952 requirements.
• Exemplary damages. Gross negligence requires clear and convincing evidence (§ 41.003); exemplary damages are capped under § 41.008 (generally the greater of (a) $200,000 or (b) two times economic damages plus noneconomic damages up to $750,000), with certain exceptions. Verify current figures.
• Pleading specifics. Texas is a fair-notice pleading state. Plead the Rule 47 monetary range and the discovery control level. The Original Petition need not attach evidence; conform the pleadings as discovery develops.
• Service. Citation and service are governed by Rules 99, 106, and 108, Tex. R. Civ. P.; out-of-state defendants may be served under the Texas long-arm statute (Tex. Civ. Prac. & Rem. Code §§ 17.041–17.045).

20. SOURCES AND REFERENCES

• Texas Civil Practice & Remedies Code (Chapters 16, 33, 41) — https://statutes.capitol.texas.gov/
• Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitations)
• Tex. Civ. Prac. & Rem. Code § 33.001, § 33.003, § 33.004, § 33.012, § 33.013 (proportionate responsibility)
• Tex. Transp. Code Chapter 552 (Pedestrians) — https://statutes.capitol.texas.gov/Docs/TN/htm/TN.552.htm
• Tex. Transp. Code § 552.003 (pedestrian right-of-way at crosswalk) — https://codes.findlaw.com/tx/transportation-code/transp-sect-552-003/
• Tex. Transp. Code § 552.002 ("Walk" signal); § 552.008 (drivers to exercise due care) — https://codes.findlaw.com/tx/transportation-code/transp-sect-552-008/
• Tex. Transp. Code § 552.005 (crossing at point other than crosswalk); § 552.006 (use of sidewalk)
• Tex. Civ. Prac. & Rem. Code § 41.003, § 41.008 (exemplary damages and cap)
• Tex. Ins. Code § 1952.101 et seq. (uninsured/underinsured motorist coverage)
• Texas Rules of Civil Procedure (Rules 47, 99, 106, 108, 190, 216, 21, 21a)

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