Personal Injury Complaint - Auto Accident - Arizona

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF FULL LEGAL NAME], an individual,
  Plaintiff,

v.

[DEFENDANT DRIVER FULL LEGAL NAME], an individual;
[DEFENDANT OWNER FULL LEGAL NAME] (if different), an individual;
JOHN/JANE DOES I–X; ABC CORPORATIONS I–X; and XYZ PARTNERSHIPS I–X,
  Defendants.

Case No. _____________

COMPLAINT

(Personal Injury – Motor Vehicle Collision)

JURY TRIAL DEMANDED

Plaintiff claims damages qualifying this action for discovery Tier [1 / 2 / 3] under Ariz. R. Civ. P. 8(b)(2) and 26.2(c)(3).
CERTIFICATE REGARDING COMPULSORY ARBITRATION ATTACHED

TABLE OF CONTENTS

1. Definitions …………………………………………………………… §1
2. Parties ……………………………………………………………… §2
3. Jurisdiction and Venue ………………………………………… §3
4. General Allegations …………………………………………… §4

5. Causes of Action ………………………………………………… §5
   5.1 Count I – Negligence
   5.2 Count II – Negligence Per Se (optional)

6. Comparative Fault Statement ……………………………… §6

7. Damages …………………………………………………………… §7
8. Reservation of Rights & Amendments ………………… §8
9. Prayer for Relief ………………………………………………… §9
10. Demand for Jury Trial ………………………………………… §10
11. Certificate Re: Compulsory Arbitration ……………… §11
12. Signature Block ………………………………………………… §12

§1 DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below. Terms defined herein appear with Initial Capital Letters throughout this pleading.

1.1 “Accident” means the motor-vehicle collision that occurred on [DATE] at or near [ADDRESS / INTERSECTION], in [CITY], Arizona.

1.2 “Plaintiff” means [PLAINTIFF FULL LEGAL NAME], including all permitted successors and assigns.

1.3 “Defendant Driver” means [DEFENDANT DRIVER FULL LEGAL NAME].

1.4 “Defendant Owner” means [DEFENDANT OWNER FULL LEGAL NAME], if different from Defendant Driver and as the titled/registered owner of the Vehicle operated at the time of the Accident.

1.5 “Vehicle(s)” means the motor vehicles operated by Plaintiff and Defendant Driver at the time of the Accident.

§2 PARTIES

2.1 Plaintiff is, and at all relevant times was, a resident of [COUNTY], Arizona.

2.2 Defendant Driver is, on information and belief, a resident of [COUNTY/STATE] and may be served at [SERVICE ADDRESS].

2.3 Defendant Owner is, on information and belief, a resident of [COUNTY/STATE] and may be served at [SERVICE ADDRESS].

2.4 The fictitiously-named Doe / ABC / XYZ defendants are persons or entities whose identities are presently unknown. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

§3 JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to Ariz. Const. art. VI, § 14 and A.R.S. §§ 12-123 et seq., because the amount in controversy exceeds the jurisdictional minimum for the Superior Court and is not otherwise exclusively within the jurisdiction of any other court or tribunal.

3.2 Venue is proper in [COUNTY] County under A.R.S. § 12-401 because [DEFENDANT RESIDES IN THIS COUNTY UNDER THE GENERAL RULE / IDENTIFY THE NUMBERED EXCEPTION AND STATE FACTS SUPPORTING IT].

3.3 Pursuant to A.R.S. § 12-2505, Arizona follows a pure comparative-fault regime under which causative claimant fault ordinarily reduces damages proportionally, subject to § 12-2505(A)'s intentional/wilful/wanton-conduct exception and the conditional intoxication defense in § 12-711. Plaintiff brings this tort action consistent with that statutory framework.

3.4 Arizona is a fault-based (tort) insurance state, not a no-fault state. Every motor vehicle operated on an Arizona highway must be covered by financial responsibility meeting the minimum limits of A.R.S. § 28-4009 ($25,000/$50,000/$15,000), as required by A.R.S. § 28-4135.

§4 GENERAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating the Plaintiff Vehicle in a [northbound/southbound/eastbound/westbound] direction on [STREET/ROUTE].

4.2 At the same time and place, Defendant Driver, operating the Defendant Vehicle owned by Defendant Owner, negligently [describe conduct – e.g., “failed to yield the right-of-way,” “ran a red light,” “drove at an excessive speed,” etc.].

4.3 Defendant Driver’s negligent acts and omissions caused a collision with Plaintiff’s Vehicle, resulting in severe personal injuries and property damage to Plaintiff.

4.4 At all material times, Plaintiff acted with due care, obeyed all applicable traffic laws, and was free of comparative fault. Nevertheless, should comparative fault become an issue, Plaintiff pleads in the alternative as set forth in §6 below.

4.5 As a direct and proximate result of Defendants’ negligence, Plaintiff sustained:

a. Past and future medical expenses;
b. Past and future pain, suffering, and emotional distress;
c. Lost wages and diminished earning capacity;
d. Property damage;
e. Incidental and consequential damages; and
f. Any other damages available under Arizona law.

4.6 Arizona Constitution art. II, § 31 generally bars state laws limiting damages for death or personal injury, subject to its express felony-conduct exception. Plaintiff alleges [FACTS SHOWING WHETHER THE EXCEPTION IS IMPLICATED].

§5 CAUSES OF ACTION

5.1 Count I – Negligence

5.1.1 Duty. Defendants owed Plaintiff a duty of reasonable care in the operation, ownership, maintenance, and/or control of the Defendant Vehicle.

5.1.2 Breach. Defendants breached that duty by, inter alia, [SPECIFIC BREACH DETAILS].

5.1.3 Causation. Defendants’ breach was the but-for and proximate cause of the injuries and damages alleged herein.

5.1.4 Damages. Plaintiff incorporates §4.5 by reference.

5.2 Count II – Negligence Per Se (Optional)

5.2.1 Defendants violated [INSERT SPECIFIC STATUTE/REGULATION], constituting negligence per se.
5.2.2 The statute was enacted to protect against the type of harm suffered by Plaintiff, and Plaintiff is within the class of persons the statute was designed to protect.
5.2.3 Plaintiff’s damages are the direct and proximate result of Defendants’ statutory violation(s).

§6 COMPARATIVE FAULT STATEMENT

6.1 Pursuant to A.R.S. § 12-2505, Plaintiff denies any comparative fault. In the alternative, if the jury applies contributory negligence or assumption of risk, Plaintiff's causative fault ordinarily reduces damages proportionally, subject to the statute's intentional, wilful, or wanton claimant-conduct exception. Separately, A.R.S. § 12-711 permits a no-liability finding if the defendant proves intoxication caused the claimant to bear at least 50% responsibility for the accident or event.

6.2 Pursuant to Ariz. Const. art. 18, § 5, the defense of contributory negligence or assumption of risk is in all cases a question of fact that must be left to the jury; it may not be resolved by the Court as a matter of law.

6.3 Pursuant to A.R.S. § 12-2506, the liability of each Defendant, if any, is several only and not joint, except as provided in that section (e.g., defendants acting in concert or in an agency/servant relationship).

§7 DAMAGES

7.1 Plaintiff seeks all legally compensable damages, including punitive damages only if clear and convincing evidence shows a Defendant acted with an evil mind. Smith v. Olsen, No. 1 CA-CV 22-0565, ¶ 44 (Ariz. Ct. App. May 30, 2024).

7.2 Plaintiff requests the supported damages allowed by applicable law; art. II, § 31 does not eliminate its express felony-conduct exception.

§8 RESERVATION OF RIGHTS & AMENDMENTS

8.1 Plaintiff reserves the right to amend this Complaint pursuant to Ariz. R. Civ. P. 15 to conform to the evidence and to add additional parties or claims as discovery proceeds.

§9 PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff against each Defendant for damages allocated to that Defendant in proportion to that Defendant's fault, except to the extent A.R.S. § 12-2506(D) makes a Defendant responsible for another person's fault, for:

1. General damages in an amount to be proven at trial;
2. Special damages, including but not limited to medical expenses, lost wages, and property damage, in an amount to be proven at trial;
3. Punitive or exemplary damages as permitted by Arizona law;
4. Post-judgment interest on qualifying damages at the rate allowed by A.R.S. § 44-1201(B), (D);
5. Plaintiff’s costs incurred herein and, where applicable, reasonable attorney’s fees;
6. Such other and further relief as the Court deems just and proper.

§10 DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Ariz. R. Civ. P. 38.

§11 CERTIFICATE REGARDING COMPULSORY ARBITRATION

[Complete this certification only if the filing county applies Ariz. R. Civ. P. 72–77. Otherwise, follow its FASTAR or other applicable certificate rule.]

Pursuant to Rule 72, Ariz. R. Civ. P., the undersigned certifies that the amount in controversy [exceeds / does not exceed] the jurisdictional limit for compulsory arbitration in [COUNTY] County. Accordingly, this case [is not / is] subject to compulsory arbitration.

§12 SIGNATURE BLOCK

Respectfully submitted this ___ day of [MONTH], [YEAR].

[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

By: ___________________________________
[ATTORNEY NAME], Esq.
Arizona Bar No. [BAR #]
Attorneys for Plaintiff

END OF COMPLAINT