Personal Injury Complaint - Auto Accident

COMPLAINT FOR PERSONAL INJURY – MOTOR VEHICLE ACCIDENT

(District of Columbia Superior Court)

TABLE OF CONTENTS

1. Document Header & Caption
2. Preliminary Statement
3. Jurisdiction and Venue
4. Parties
5. Definitions
6. Factual Allegations

7. Counts
   • Count I – Negligence
   • Count II – Negligent Entrustment (optional)
   • Count III – Property Damage (optional)
   • Count IV – Loss of Consortium (optional)

8. Damages

9. Contributory Negligence and PIP Election Statement
10. Prayer for Relief
11. Jury Demand
12. Certification & Rule 11 Verification
13. Signature Block

1. DOCUMENT HEADER & CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — CIVIL DIVISION

2. PRELIMINARY STATEMENT

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) brings this action to recover damages for personal injuries, economic losses, and other relief arising out of a motor-vehicle collision that occurred on [DATE OF ACCIDENT] in the District of Columbia.
2. Plaintiff alleges that the collision and resultant injuries were proximately caused by the negligence and statutory violations of Defendant(s).

3. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to D.C. Code § 11-921.
4. Venue is proper in this Court because the collision occurred within the District of Columbia and all parties reside in, are incorporated in, or regularly conduct business within the District.

4. PARTIES

5. Plaintiff is an individual domiciled at [PLAINTIFF ADDRESS], District of Columbia.
6. Defendant [DEFENDANT NAME 1] is an individual residing at [DEFENDANT ADDRESS] and at all relevant times was the operator of the motor vehicle described below.
7. (If vehicle owner differs) Defendant [DEFENDANT NAME 2] is an individual/business entity with its principal place of business at [ADDRESS] and was the titled owner of the vehicle operated by Defendant [DEFENDANT NAME 1] at the time of the collision.

5. DEFINITIONS

For ease of reference, the following terms as used herein shall have the meanings set forth below:

“Accident” means the motor-vehicle collision occurring on [DATE OF ACCIDENT] at or near [INTERSECTION/LOCATION] in the District of Columbia.

“Subject Vehicle” means the [MAKE/MODEL/YEAR] operated by Defendant [DEFENDANT NAME 1] at the time of the Accident.

“Plaintiff’s Vehicle” means the [MAKE/MODEL/YEAR] owned and/or operated by Plaintiff at the time of the Accident.

“Injuries” means the bodily injuries, pain and suffering, mental anguish, and other harms sustained by Plaintiff as a direct and proximate result of the Accident.

6. FACTUAL ALLEGATIONS

8. On [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was lawfully operating Plaintiff’s Vehicle in a [DIRECTION] direction on [STREET NAME].
9. Defendant [DEFENDANT NAME 1], operating the Subject Vehicle, failed to [e.g., maintain proper lookout / obey traffic control device / yield right-of-way], causing the Subject Vehicle to collide with Plaintiff’s Vehicle.
10. At the time of the Accident, Defendant [DEFENDANT NAME 1] was acting within the scope of [his/her] authority and with the consent of Defendant [DEFENDANT NAME 2] as owner of the Subject Vehicle.
11. As a direct and proximate result of the collision, Plaintiff sustained severe and painful Injuries, incurred medical expenses, suffered lost wages, property damage, and other losses, all of which continue into the future.
12. Plaintiff exercised due care at all times and was not contributorily negligent.
    12A. (Use ONLY if Plaintiff was a pedestrian, bicyclist, scooter/e-bike rider, or other "vulnerable user" within the meaning of D.C. Code § 50-2204.51 struck by Defendant's motor vehicle) Pursuant to D.C. Code § 50-2204.52, Plaintiff's contributory negligence, if any, does not bar recovery in this action unless it was a proximate cause of Plaintiff's injury and greater than the aggregated negligence of all Defendants.

7. COUNTS

COUNT I – NEGLIGENCE (Against All Defendants)

13. Plaintiff realleges and reincorporates paragraphs 1 – 12 as though fully set forth herein.
14. Defendants owed Plaintiff a duty to operate the Subject Vehicle with reasonable care and in compliance with all applicable traffic laws.
15. Defendants breached said duty by, inter alia, failing to maintain proper control, speeding, and/or violating applicable traffic regulations.
16. Defendants’ breaches were the direct and proximate cause of the Accident and Plaintiff’s Injuries.
17. As a result, Plaintiff suffered damages as detailed in Section 8 below.

COUNT II – NEGLIGENT ENTRUSTMENT (Optional – Against Vehicle Owner)

18. Plaintiff realleges paragraphs 1 – 17.
19. Defendant [DEFENDANT NAME 2] knew or should have known that Defendant [DEFENDANT NAME 1] was an unsafe and/or unlicensed driver yet entrusted the Subject Vehicle to [him/her].
20. Such negligent entrustment was a proximate cause of Plaintiff’s Injuries.

COUNT III – PROPERTY DAMAGE (Optional)

21. Plaintiff realleges paragraphs 1 – 20.
22. Plaintiff’s Vehicle sustained substantial damage necessitating repairs and/or replacement, towing, storage, and loss-of-use costs.

COUNT IV – LOSS OF CONSORTIUM (Optional – Spouse as Co-Plaintiff)

23. Co-Plaintiff [SPOUSE NAME] realleges paragraphs 1 – 22.
24. As a direct result of Defendants’ negligence, Co-Plaintiff has suffered loss of society, companionship, and consortium with Plaintiff.

8. DAMAGES

25. Plaintiff seeks all compensatory damages permitted by District of Columbia law, including but not limited to:
    a. Past and future medical expenses;
    b. Past and future lost earnings and diminished earning capacity;
    c. Pain, suffering, emotional distress, and loss of enjoyment of life;
    d. Property damage and related expenses;
    e. Pre-judgment and post-judgment interest as permitted by law;
    f. Costs and such further relief as the Court deems just.

9. CONTRIBUTORY NEGLIGENCE AND PIP ELECTION STATEMENT

26. Plaintiff either (a) did not elect to receive Personal Injury Protection (“PIP”) benefits under Plaintiff’s applicable motor vehicle insurance policy pursuant to D.C. Code § 31-2404, and Plaintiff accordingly retains an unrestricted right to maintain this tort action; or (b) timely elected PIP benefits under D.C. Code § 31-2405, and Plaintiff’s injuries and/or economic losses meet one or more of the statutory exceptions to the lawsuit restriction in D.C. Code § 31-2405(b), thereby preserving Plaintiff’s right to maintain this action.
27. Plaintiff exercised due care at all relevant times. Under District of Columbia common law, any contributory negligence by Plaintiff that proximately caused the Accident, however slight, would ordinarily bar recovery in full, subject to the last-clear-chance doctrine. Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999). If Plaintiff was a pedestrian, bicyclist, or other “vulnerable user” struck by a motor vehicle, the modified-comparative-fault standard of D.C. Code § 50-2204.52 applies instead, and Plaintiff’s fault (if any) bars recovery only if it was a proximate cause of the injury and greater than the combined fault of all Defendants.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendants, jointly and severally, in an amount to be determined at trial but believed to exceed $[AMOUNT IN CONTROVERSY];
B. Award interest, costs, and any other relief the Court deems appropriate; and
C. Grant such further relief as justice requires.

11. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

12. CERTIFICATION & RULE 11 VERIFICATION

I certify that to the best of my knowledge, information, and belief, formed after reasonable inquiry, the foregoing Complaint is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

13. SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[ATTORNEY NAME] (Bar No. ________)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

(Optional Verification – to be signed by Plaintiff if required)

I, [PLAINTIFF NAME], verify under penalty of perjury that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

_________________________ Date: _____________
[PLAINTIFF NAME]

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