Personal Injury Complaint - Auto Accident - District of Columbia

COMPLAINT FOR PERSONAL INJURY – MOTOR VEHICLE ACCIDENT

Filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case.
(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. Signature and Optional 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 resulting injuries were proximately caused by Defendant's negligent driving and, if supported, the vehicle owner's negligent entrustment.

3. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to D.C. Code § 11-921.
4. The collision occurred within the District of Columbia at [LOCATION].

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, if Plaintiff was in a vehicle.

“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 on [STREET NAME] / was traveling on foot or using [DEVICE] on the public highway or sidewalk at [LOCATION]].
9. Defendant [DEFENDANT NAME 1], operating the Subject Vehicle, failed to [DESCRIBE THE ACTUAL DRIVING CONDUCT], causing the Subject Vehicle to collide with [Plaintiff / Plaintiff’s Vehicle].
10. (Use if the vehicle owner is a defendant.) Defendant [DEFENDANT NAME 2] owned the Subject Vehicle and permitted Defendant [DEFENDANT NAME 1] to use it.
11. As a direct and proximate result of the collision, Plaintiff sustained [DESCRIBE INJURIES] and incurred [DESCRIBE MEDICAL EXPENSES, LOST WAGES, PROPERTY DAMAGE IF ANY, AND OTHER LOSSES].
12. Plaintiff exercised due care at all times and was not contributorily negligent.
    12A. (Use only if Plaintiff was a pedestrian or a vulnerable user under D.C. Code § 50-2204.51, was using a public highway or sidewalk, and collided with Defendant's motor vehicle.) Under D.C. Code § 50-2204.52(a)(1), Plaintiff's negligence does not bar recovery unless it proximately caused Plaintiff's injury and exceeded the aggregated negligence of all Defendants that proximately caused the injury.

7. COUNTS

COUNT I – NEGLIGENCE (Against Defendant Driver)

13. Plaintiff realleges and reincorporates paragraphs 1 – 12 and, if used, paragraph 12A.
14. Defendant [DEFENDANT NAME 1] owed Plaintiff a duty to operate the Subject Vehicle with reasonable care and in compliance with applicable traffic laws.
15. Defendant [DEFENDANT NAME 1] breached that duty by [DESCRIBE THE ACTUAL DRIVING CONDUCT AND ANY APPLICABLE TRAFFIC PROVISION].
16. That breach directly and proximately caused the collision 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] made the Subject Vehicle available to Defendant [DEFENDANT NAME 1] despite [FACTS SHOWING ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT THE DRIVER WAS LIKELY TO USE IT IN A WAY THAT RISKED PHYSICAL HARM TO OTHERS].
20. Such negligent entrustment was a proximate cause of Plaintiff’s Injuries.

COUNT III – PROPERTY DAMAGE (Optional)

21. Plaintiff realleges the preceding factual allegations relevant to this count.
22. Plaintiff’s Vehicle sustained [DESCRIBE PROPERTY DAMAGE, REPAIR OR REPLACEMENT COSTS, TOWING, STORAGE, AND LOSS-OF-USE COSTS ACTUALLY INCURRED].

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

23. Co-Plaintiff [SPOUSE NAME] realleges the preceding factual allegations relevant to this count.
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. (Select and complete the applicable alternative.) ☐ Plaintiff did not elect PIP benefits for this accident, so the election-based lawsuit restriction in D.C. Code § 31-2405(b) does not apply. ☐ Plaintiff elected PIP benefits and may maintain this action under D.C. Code § 31-2405(b) because [DESCRIBE AND SUPPORT THE QUALIFYING PERMANENT INJURY, SCARRING, DISFIGUREMENT, OR MORE-THAN-180-DAY IMPAIRMENT UNDER SUBSECTION (b)(1), OR THE MEDICAL AND REHABILITATION EXPENSES OR WORK LOSS EXCEEDING AVAILABLE PIP BENEFITS UNDER SUBSECTION (b)(2)].
27. Plaintiff exercised due care at all relevant times. Under District of Columbia common law, contributory negligence that proximately caused the Accident may bar recovery, subject to the last-clear-chance doctrine. Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999). If Plaintiff was a pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with Defendant's motor vehicle, apply D.C. Code § 50-2204.52(a)(1) instead: Plaintiff's negligence does not bar recovery unless it proximately caused the injury and exceeded the aggregated negligence of the Defendants that proximately caused the injury.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff against each Defendant found liable, in an amount determined at trial;
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. SIGNATURE AND OPTIONAL VERIFICATION

Counsel or an unrepresented plaintiff must sign the complaint. Under D.C. Super. Ct. Civ. R. 11(a), a pleading need not be separately verified unless another rule or statute requires it. The signature represents the certifications in Rule 11(b); confirm the factual and legal basis before filing.

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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