Personal Injury Complaint - Auto Accident - Colorado

DISTRICT COURT, [COUNTY] COUNTY, STATE OF COLORADO

Court Address: [COURT STREET ADDRESS, CITY, STATE, ZIP]

Attorney for Plaintiff(s):
[LAW FIRM NAME]
[ATTORNEY NAME], # [BAR NUMBER]
[STREET ADDRESS] | [CITY, STATE ZIP]
Telephone: [PHONE] | Email: [EMAIL]

Court Use Only

COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT) AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. General Allegations (Factual Background)
3. First Claim for Relief – Negligence
4. Damages
5. Prayer for Relief
6. Jury Demand
7. Verification
8. Certificate of Service

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and was at all relevant times, a resident of [COUNTY] County, Colorado.

1.2 Defendant [DEFENDANT NAME] (“Defendant”) is, upon information and belief, a resident of [COUNTY] County, Colorado and may be served at [SERVICE ADDRESS].

1.3 The incident giving rise to this action occurred in [COUNTY] County, Colorado on or about [DATE OF ACCIDENT].

1.4 Counsel must confirm the current basis for district-court subject-matter jurisdiction, including any amount-in-controversy allocation. If Defendant is not a Colorado resident, plead facts establishing personal jurisdiction; C.R.S. § 13-1-124(1)(b) supplies a statutory basis for a cause of action arising from the commission of a tortious act within Colorado.

1.5 Venue is proper in this Court under C.R.C.P. 98(c) because Defendant resides in this county and the cause of action arose here.

1.6 Pursuant to C.R.C.P. 8(a)(2), Plaintiff does not plead a specific dollar amount of damages but avers that the claims asserted herein are not subject to the simplified procedure set forth in C.R.C.P. 16.1.

1.7 This action is timely filed within the three-year limitations period applicable to tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle under C.R.S. § 13-80-101(1)(n) (the general two-year tort limitations period in C.R.S. § 13-80-102(1)(a) expressly does not apply to motor-vehicle-accident claims). Colorado repealed its no-fault (“Auto Accident Reparations Act”) automobile insurance system effective July 1, 2003, and has operated as a tort/fault-based state for automobile liability since January 1, 2004; accordingly, Plaintiff may bring this direct tort action against Defendant without regard to any no-fault threshold. Colorado law requires drivers to maintain mandatory automobile liability insurance under C.R.S. § 10-4-601 et seq.

2. GENERAL ALLEGATIONS (FACTUAL BACKGROUND)

2.1 On [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on [STREET/HIGHWAY] in [CITY/TOWN], Colorado.

2.2 Defendant was operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on the same roadway.

2.3 At or near the intersection of [LOCATION DESCRIPTION], Defendant negligently operated, maintained, and/or controlled the vehicle so as to collide with Plaintiff’s vehicle (the “Collision”).

2.4 At the time of the Collision, traffic controls included [TRAFFIC SIGNAL/SIGN], which Defendant failed to obey.

2.5 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained bodily injuries, property damage, and other losses described herein.

3. FIRST CLAIM FOR RELIEF – NEGLIGENCE

3.1 Plaintiff incorporates the allegations set forth above as though fully restated herein.

3.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle, including the duty to obey traffic laws, maintain a proper lookout, and drive at a safe speed.

3.3 Defendant breached said duty by, inter alia, (a) failing to yield; (b) driving inattentively; (c) operating the vehicle at an unsafe speed; and/or (d) violating applicable traffic statutes and ordinances.

3.4 Defendant’s breach was the direct and proximate cause of the Collision and Plaintiff’s resulting injuries and damages.

3.5 Colorado follows a modified comparative negligence regime. To the extent Defendant asserts comparative negligence, Plaintiff’s recovery should only be diminished in proportion to any negligence attributable to Plaintiff that is, pursuant to C.R.S. § 13-21-111, less than Defendant’s negligence.

3.6 Pursuant to C.R.S. § 13-21-111.5, Colorado imposes several (pro rata) liability rather than joint and several liability: no defendant is liable for an amount greater than the percentage of negligence or fault attributable to that defendant, except where two or more defendants consciously conspired and deliberately pursued a common plan to commit a tortious act.

4. DAMAGES

4.1 As a direct and foreseeable consequence of Defendant’s negligence, Plaintiff has sustained and will continue to sustain:

a. Past and future medical expenses;
 b. Past and future physical pain and suffering;
 c. Past and future mental anguish and emotional distress;
 d. Permanent impairment and/or disfigurement;
 e. Loss of earnings and diminished earning capacity;
 f. Property damage, including but not limited to diminution in value and loss of use;
 g. Out-of-pocket expenses; and
 h. Pre-judgment and post-judgment interest as provided by law (see C.R.S. § 13-21-101).

4.2 Plaintiff seeks allowable economic, noneconomic, and physical-impairment/disfigurement damages under the categories that apply. C.R.S. § 13-21-102.5(3)(a)(II)'s $1,500,000 tier applies to an action filed 1/1/2025-12/31/2025 or a claim accruing on/after 1/1/2025, subject to separate health-care and wrongful-death regimes; subsection (5) leaves physical impairment and disfigurement outside this section's limit. The first new-tier adjustment is scheduled for 1/1/2028.

4.3 If the evidence demonstrates Defendant’s conduct was attended by circumstances amounting to fraud, malice, or willful and wanton conduct, Plaintiff may seek exemplary damages pursuant to C.R.S. § 13-21-102, subject to statutory limitations.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment enter in favor of Plaintiff and against Defendant as follows:

A. For all economic, non-economic, and physical impairment damages proven at trial;
B. For exemplary damages as permitted by law;
C. For pre-judgment and post-judgment interest at the statutory rate;
D. For costs as allowed under C.R.C.P. 54(d) and C.R.S. § 13-16-104;
E. For such other and further relief as the Court deems just and proper.

6. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable under C.R.C.P. 38 and tenders the requisite jury fee. Colorado does not recognize a constitutional right to a civil jury trial.

7. VERIFICATION

I, [PLAINTIFF NAME], affirm under penalty of perjury under the laws of the State of Colorado that I have read the foregoing Complaint, know its contents, and the same are true to the best of my knowledge, information, and belief.

Date: ___________________

___________________________________
[PLAINTIFF NAME]

8. CERTIFICATE OF SERVICE

I hereby certify that on ____ day of __________, 20__, a true and correct copy of the foregoing COMPLAINT FOR PERSONAL INJURIES (AUTO ACCIDENT) AND DEMAND FOR JURY TRIAL was filed via Colorado Courts E-filing (CCE) system, which will automatically serve all counsel of record.

___________________________________
[ATTORNEY NAME]

[ATTORNEY SIGNATURE BLOCK]

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]

By: ______________________________
[ATTORNEY NAME], # [BAR NUMBER]
Attorney for Plaintiff