Personal Injury Complaint - Auto Accident - Arkansas

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[DIVISION] DIVISION

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Case No.: ___________

[DEFENDANT FULL LEGAL NAME],
Defendant.

COMPLAINT FOR PERSONAL INJURIES ARISING FROM MOTOR-VEHICLE COLLISION

[Demand for Jury Trial]

TABLE OF CONTENTS

1. Parties and Service
2. Jurisdiction and Venue
3. Preliminary Definitions
4. General Allegations (Facts)
5. Cause of Action – Negligence
6. Comparative Fault Allegations (Ark. Code Ann. § 16-64-122)
7. Damages
8. Preservation of Evidence / Limited Injunctive Relief
9. Prayer for Relief
10. Demand for Jury Trial
11. Reservation of Additional Claims
12. Verification (if required)
13. Signature Block

1. PARTIES AND SERVICE

1.1 Plaintiff [Plaintiff Full Legal Name] (“Plaintiff”) is an individual resident of [County] County, Arkansas, and at all relevant times was lawfully operating a motor vehicle in the State of Arkansas.

1.2 Upon information and belief, Defendant [Defendant Full Legal Name] (“Defendant”) is a resident of [County/State] and may be served with process at [Service Address] or wherever Defendant may be found pursuant to ARCP 4.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over this civil action pursuant to Amendment 80, § 6 of the Arkansas Constitution and Ark. Code Ann. § 16-13-201, as the amount in controversy exceeds the jurisdictional minimum of the District Court and involves claims sounding in tort.

2.2 Venue is proper in this Circuit Court under Ark. Code Ann. § 16-60-101 because:
a. An individual Defendant resided in this county, or an entity Defendant had its Arkansas principal office here, when the event or omission occurred; and/or
b. The motor-vehicle collision giving rise to these claims occurred in this county.

2.3 Personal jurisdiction over Defendant is proper because Defendant is domiciled in Arkansas, transacts business herein, and caused tortious injury within the state.

3. PRELIMINARY DEFINITIONS

For ease of reference, the following terms are used throughout this Complaint:

a. “Collision” or “Subject Collision” – the motor-vehicle incident that occurred on [Date] at or near [Intersection / Highway / Mile Marker] in [City], Arkansas.

b. “Plaintiff Vehicle” – the [Year, Make, Model] operated by Plaintiff.

c. “Defendant Vehicle” – the [Year, Make, Model] operated by Defendant.

d. “Negligence” – breach of the duty of ordinary care owed under Arkansas law.

4. GENERAL ALLEGATIONS (FACTS)

4.1 On [Date] at approximately [Time], Plaintiff was lawfully operating the Plaintiff Vehicle in an easterly direction on [Roadway] and observing all traffic laws.

4.2 At the same time and place, Defendant was operating the Defendant Vehicle in a northerly direction on [Roadway].

4.3 Defendant, in violation of Ark. Code Ann. §§ 27-51-104 et seq. and the common law duty of care, negligently:
a. Failed to yield the right-of-way;
b. Operated the vehicle at an excessive and unsafe speed;
c. Failed to maintain proper lookout;
d. Failed to maintain proper control of the vehicle; and
e. [Other specific acts or omissions].

4.4 As a direct and proximate result of Defendant’s negligence, Defendant’s vehicle violently collided with the Plaintiff Vehicle, causing significant property damage and serious bodily injuries to Plaintiff.

4.5 Plaintiff immediately experienced pain and sought medical evaluation and treatment, incurring expenses and suffering ongoing impairment.

4.6 At all times relevant, Plaintiff acted reasonably and was free of negligence; alternatively, except for any applicable § 16-118-109 exception, Plaintiff's fault was of a lesser degree than fault chargeable to the party or parties from whom recovery is sought and therefore does not bar recovery under Ark. Code Ann. § 16-64-122.

5. CAUSE OF ACTION – NEGLIGENCE

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 4 as if fully set forth herein.

5.2 Defendant owed Plaintiff a duty to exercise ordinary care in the operation of a motor vehicle.

5.3 Defendant breached that duty through the acts and omissions described above.

5.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.

5.5 Plaintiff is therefore entitled to recover all compensatory damages allowed by Arkansas law.

6. COMPARATIVE FAULT ALLEGATIONS

(Ark. Code Ann. § 16-64-122)

6.1 Plaintiff anticipates that Defendant may assert that Plaintiff was comparatively at fault.

6.2 Plaintiff denies any contributory negligence; alternatively, except for any applicable § 16-118-109 exception, Plaintiff's fault is less than fault chargeable to the party or parties from whom recovery is sought, and Plaintiff seeks the proportionately reduced recovery permitted by Ark. Code Ann. § 16-64-122.

7. DAMAGES

As a foreseeable, direct, and proximate result of Defendant’s negligence, Plaintiff has suffered:

a. Past and future medical expenses, including but not limited to emergency care, hospitalization, surgery, therapy, medication, and physician visits;

b. Past and future lost wages and impairment of earning capacity;

c. Physical pain and suffering, mental anguish, and emotional distress;

d. Permanent impairment and disfigurement;

e. Loss of enjoyment of life;

f. Property damage to the Plaintiff Vehicle and personal effects, including loss-of-use and diminution in value;

g. Pre- and post-judgment interest as allowed by law; and

h. All other damages available under Arkansas tort law.

8. PRESERVATION OF EVIDENCE / LIMITED INJUNCTIVE RELIEF

8.1 Plaintiff respectfully requests that the Court enter an order directing Defendant to preserve all relevant evidence concerning the Collision, including but not limited to the Defendant Vehicle, event data recorder (“black box”) data, cell-phone records, maintenance logs, and surveillance footage.

8.2 Such relief is limited in scope and duration, imposes no undue burden on Defendant, and is necessary to prevent spoliation of critical evidence. See ARCP 65.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:

1. Awarding compensatory damages in an amount to be determined by the jury but believed to exceed the minimum jurisdictional limits of this Court;
2. Awarding punitive damages if supported by clear and convincing evidence under Ark. Code Ann. §§ 16-55-206, 16-55-207 (Arkansas courts do not apply a statutory cap on punitive damages; the cap formerly codified at Ark. Code Ann. § 16-55-208 was held unconstitutional in Bayer CropScience LP v. Schafer, 2011 Ark. 518, under Ark. Const. art. 5, § 32);
3. Awarding pre-judgment and post-judgment interest as provided by law;
4. Taxing all costs of this action to Defendant;
5. Granting the limited injunctive relief requested in Section 8; and
6. Awarding such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.

10. DEMAND FOR JURY TRIAL

Pursuant to Arkansas Rule of Civil Procedure 38 and Article 2, § 7 of the Arkansas Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.

11. RESERVATION OF ADDITIONAL CLAIMS

Plaintiff reserves the right to amend this Complaint to assert additional claims, add additional parties, or increase the ad damnum as discovery progresses and the full extent of Plaintiff’s injuries becomes known.

12. VERIFICATION

[Optional; required in some Arkansas circuits for certain pleadings.]

STATE OF ARKANSAS )
COUNTY OF ________ )

I, [Plaintiff Name], being first duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

__________________________
[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of __________, 20__.

__________________________
Notary Public
My Commission Expires: ___________

13. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Plaintiff
[Street Address]
[City], Arkansas [ZIP]
Telephone: [###-###-####]
Facsimile: [###-###-####]
Email: [Attorney Email]

By: _____________________________
[ATTORNEY NAME] (Ark. Bar No. ________)