Personal Injury Complaint - Auto Accident

[ATTORNEY NAME], Esq. (SBN ☐)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: (☐) [___-____]
Facsimile: (☐) [___-____]
E-Mail: [___]

Attorneys for Plaintiff
[PLAINTIFF FULL NAME]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF [COUNTY]

*Causes of action 2 & 3 are optional—remove or modify to fit case facts.

TABLE OF CONTENTS

1. Parties & Capacities
2. Jurisdiction & Venue
3. Definitions
4. General Allegations

5. Causes of Action
   5.1 First Cause of Action – General Negligence
   5.2 Second Cause of Action – Negligence per se (optional)
   5.3 Third Cause of Action – Negligent Infliction of Emotional Distress (optional)

6. Comparative Fault Allegations

7. Damages
8. Prayer for Relief
9. Jury Demand
10. Reservation of Right to Amend
11. Verification

1. PARTIES & CAPACITIES

1.1 Plaintiff [PLAINTIFF FULL NAME] (“Plaintiff”) is, and at all relevant times was, a resident of the State of California.

1.2 Defendant [DEFENDANT FULL NAME] (“Defendant”) is, and at all relevant times was, a resident of the State of California and the registered owner, lessee, permissive user, and/or operator of the motor vehicle involved in the Subject Accident (as defined below).

1.3 Plaintiff is ignorant of the true names and capacities of defendants sued herein as Does 1-50, inclusive, and therefore sues said defendants by such fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. (Cal. Code Civ. Proc. § 474.)

1.4 Each defendant was the agent, servant, employee, partner, joint venturer, co-conspirator, and/or alter ego of each of the remaining defendants, and at all times acted within the course, scope, purpose, consent, knowledge, ratification, and authorization of such agency, employment, partnership, joint venture, conspiracy, and/or alter-ego relationship.

2. JURISDICTION & VENUE

2.1 This Court has subject-matter jurisdiction because the amount in controversy exceeds $35,000, exclusive of costs and interest, making the action an Unlimited Civil Case pursuant to Cal. Code Civ. Proc. §§ 85–88 (threshold raised from $25,000 to $35,000 by Stats. 2023, Ch. 861 (SB 71), effective January 1, 2024).

2.2 Venue is proper in this Court under Cal. Code Civ. Proc. § 395 (a) because the injury-causing incident occurred in this County and/or at least one defendant resides in this County.

2.3 California courts have personal jurisdiction over each defendant pursuant to Cal. Code Civ. Proc. § 410.10 and traditional notions of fair play and substantial justice.

3. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below:

“Accident Date” means [DATE OF COLLISION].
“Subject Accident” means the motor-vehicle collision that occurred on the Accident Date at or near [ADDRESS OR INTERSECTION], California.
“Plaintiff Vehicle” means the motor vehicle owned and/or operated by Plaintiff at the time of the Subject Accident.
“Defendant Vehicle” means the motor vehicle owned, leased, and/or operated by Defendant at the time of the Subject Accident.
“Injuries” means all bodily injuries, psychological injuries, economic losses, and property damage sustained by Plaintiff as a result of the Subject Accident.

4. GENERAL ALLEGATIONS

4.1 On or about the Accident Date, Plaintiff was lawfully operating the Plaintiff Vehicle in a careful and prudent manner.

4.2 At the same time and place, Defendant negligently, carelessly, recklessly, and unlawfully operated the Defendant Vehicle so as to cause it to collide violently with the Plaintiff Vehicle.

4.3 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe Injuries, incurred medical expenses, suffered lost earnings and earning capacity, and experienced pain, suffering, humiliation, emotional distress, and other general and special damages in an amount to be proven at trial.

4.4 At the time of the Subject Accident, Plaintiff was not an uninsured motorist within the meaning of California Civil Code § 3333.4 (“Proposition 213”), or, alternatively, qualifies for an exception thereto.

5. CAUSES OF ACTION

5.1 FIRST CAUSE OF ACTION

(General Negligence – Against All Defendants)

5.1.1 Plaintiff realleges and incorporates by reference all preceding paragraphs.

5.1.2 Defendants owed Plaintiff a duty of reasonable care to operate, maintain, service, and supervise the Defendant Vehicle in accordance with California traffic laws and the common law duty of ordinary care.

5.1.3 Defendants breached said duties by, inter alia, driving at an unsafe speed, failing to maintain proper lookout, failing to yield, violating applicable traffic controls, and otherwise operating the Defendant Vehicle in a negligent manner.

5.1.4 Defendants’ breaches were the actual and proximate cause of the Subject Accident and Plaintiff’s resulting Injuries.

5.1.5 Plaintiff seeks all compensatory damages permitted by law.

5.2 SECOND CAUSE OF ACTION*

(Negligence per se – Against All Defendants)

5.2.1 Plaintiff realleges and incorporates by reference all preceding paragraphs.

5.2.2 At the time of the Subject Accident, Defendants violated one or more statutes within the California Vehicle Code enacted to protect the class of persons that includes Plaintiff and to prevent the type of harm suffered by Plaintiff.

5.2.3 Pursuant to the doctrine of negligence per se, Defendants’ statutory violations constitute a presumption of negligence, thereby establishing the duty and breach elements of the negligence claim.

5.2.4 As a direct and proximate result of Defendants’ statutory violations, Plaintiff sustained the Injuries and damages alleged herein.

5.3 THIRD CAUSE OF ACTION*

(Negligent Infliction of Emotional Distress – Against All Defendants)

5.3.1 Plaintiff realleges and incorporates by reference all preceding paragraphs.

5.3.2 Defendants’ negligent conduct subjected Plaintiff to serious physical harm or the risk thereof, directly causing severe emotional distress.

5.3.3 Plaintiff suffered quantifiable emotional distress, including but not limited to anxiety, depression, fright, and PTSD-type symptoms, all in an amount to be proven at trial.

6. COMPARATIVE FAULT ALLEGATIONS

6.1 California follows “pure” comparative negligence. Pursuant to Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), any negligence attributable to Plaintiff, if established, shall proportionally reduce—yet not bar—Plaintiff’s recovery.

7. DAMAGES

Plaintiff seeks the following categories of damages, in amounts subject to proof at trial:

a. Past and future medical, hospital, pharmaceutical, rehabilitation, and related expenses.
b. Past and future loss of earnings and impairment of earning capacity.
c. Past and future pain, suffering, emotional distress, and loss of enjoyment of life.
d. Property damage to the Plaintiff Vehicle and personal property therein, plus loss-of-use.
e. Pre-judgment and post-judgment interest as permitted by law.
f. All costs of suit herein incurred.
g. Such other and further relief as the Court deems just and proper.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against all Defendants, jointly and severally, as follows:

1. For general damages according to proof;
2. For special damages according to proof;
3. For interest on the foregoing sums as allowed by law;
4. For costs of suit herein incurred; and
5. For such other and further relief as the Court may deem just and proper.

9. DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable as a matter of right under the California Constitution, Article I, § 16, and Cal. Code Civ. Proc. § 631.

10. RESERVATION OF RIGHT TO AMEND

Plaintiff reserves the right to amend this Complaint, including to add additional causes of action or parties, when the same have been ascertained.

11. VERIFICATION

I am the Plaintiff in the above-entitled action. I have read the foregoing COMPLAINT and know the contents thereof. The same is true of my own knowledge, except as to those matters that are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________, 20__, at [City], California.

__________________________
[PLAINTIFF NAME], Plaintiff

OPTIONAL ATTACHMENTS & PROCEDURAL SAFEGUARDS

1. Civil Case Cover Sheet (Judicial Council Form CM-010)
2. Statement of Damages (Judicial Council Form CIV-050) – serve on each defendant before default (Cal. Code Civ. Proc. § 425.11).
3. Summons (Judicial Council Form SUM-100)
4. Notice of Case Assignment & ADR Packet (county-specific)

END OF COMPLAINT