Personal Injury Complaint - Auto Accident - Idaho
Complaint for Damages: Motor Vehicle Collision
Before filing: Confirm the applicable limitations period, each defendant's identity, the county where the cause arose or a defendant resided when suit commenced, and the facts supporting each allegation. Delete unsupported allegations.
In the District Court of the [____] Judicial District of the State of Idaho, in and for [COUNTY] County
| Party | Role |
|---|---|
| [PLAINTIFF FULL NAME] | Plaintiff |
| v. | |
| [DEFENDANT FULL NAME] | Defendant |
Case No.: [________________]
Plaintiff alleges the following against Defendant:
Parties, jurisdiction, and venue
- Plaintiff [NAME] resides in [COUNTY, STATE]. Defendant [NAME] resides in [COUNTY, STATE].
- This Court has original jurisdiction under Idaho Code § 1-705. Venue is proper under Idaho Code § 5-404 because [the cause of action arose in this county / Defendant resided in this county when the action commenced]. Supporting facts: [________________].
Factual allegations
- On [DATE] at [TIME], Plaintiff drove a [VEHICLE] on [ROAD] near [LOCATION] in Idaho. Defendant drove a [VEHICLE] on [ROAD].
- The traffic, weather, road conditions, and visibility were [SPECIFIC FACTS].
- Defendant drove at a speed greater than was reasonable and prudent under those conditions, contrary to Idaho Code § 49-654(1). Observed speed and conditions: [SPECIFIC FACTS].
- Defendant also [FAILED TO KEEP A PROPER LOOKOUT / FAILED TO YIELD / OTHER CONDUCT SUPPORTED BY FACTS]. Describe what Defendant did, the relevant traffic control or circumstances, and the evidence: [________________].
- Defendant's vehicle struck [PLAINTIFF / PLAINTIFF'S VEHICLE] at [LOCATION]. The collision occurred as follows: [________________].
- Plaintiff suffered [DESCRIBE PHYSICAL INJURIES AND PROPERTY DAMAGE] and incurred [DESCRIBE TREATMENT, EXPENSES, AND LOST INCOME].
Count I: Negligence
- Plaintiff incorporates paragraphs 1 through 8.
- Defendant owed Plaintiff reasonable care in operating the vehicle. Defendant breached that duty through the conduct alleged in paragraphs 5 and 6.
- Defendant's breach actually and proximately caused the collision and Plaintiff's injuries and losses. Causation facts: [________________].
- Plaintiff seeks proven economic and noneconomic damages to the extent allowed by Idaho law.
Comparative responsibility and damages
- Plaintiff alleges [NO COMPARATIVE NEGLIGENCE / THE FOLLOWING FACTS REGARDING ANY COMPARATIVE RESPONSIBILITY: ______]. Idaho Code § 6-801 governs any reduction and compares Plaintiff's responsibility with that of the person against whom recovery is sought.
- Plaintiff claims the following losses, to the extent supported by evidence:
| Loss | Description or amount |
|---|---|
| Medical expenses | [________________] |
| Lost earnings or earning capacity | [________________] |
| Property damage | [________________] |
| Pain, suffering, and other noneconomic loss | [________________] |
| Other recoverable loss | [________________] |
- Any judgment for noneconomic damages is subject to Idaho Code § 6-1603 when that limitation applies. The statute provides exceptions for a cause arising from willful or reckless misconduct and for acts the trier of fact finds beyond a reasonable doubt would constitute a felony. Plaintiff alleges an exception only if supported by these facts: [________________ / NONE].
Prayer for relief
Plaintiff requests judgment for proven damages, recoverable costs, postjudgment interest under Idaho Code § 28-22-104(2), prejudgment interest only if separately authorized for this claim, and any other proper relief. Attorney fees are requested only if a separate applicable basis is identified: [AUTHORITY / NONE].
Jury demand
Plaintiff demands trial by jury on all issues triable of right by jury under Idaho Rule of Civil Procedure 38(b).
☐ Plaintiff will stipulate to a jury of [____] persons, fewer than 12 but at least 6.
☐ Plaintiff will not stipulate to a jury of fewer than 12 persons.
Dated: [__/__/____]
Attorney signature: ______________________________
[ATTORNEY NAME], Idaho State Bar No. [____]
[LAW FIRM / ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff
Sources and references
About this template
- Last updated
- October 5, 2026
- Citations checked
- October 5, 2026
- Jurisdiction
- Idaho
- Category
- Personal Injury
Legal authority
- Idaho Code § 1-705 (district court jurisdiction)
- Idaho Code § 5-404 (venue)
- Idaho Code § 49-654(1) (basic speed rule)
- Idaho Code § 6-801 (comparative responsibility)
- Idaho Code § 6-1603 (noneconomic-damages limitation and exceptions)
- Idaho Code § 28-22-104(2) (judgment interest)
- Idaho R. Civ. P. 38(b) (jury demand)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 5, 2026.
Idaho Code § 1-705 (checked October 5, 2026): "The district court has original jurisdiction: 1. In all cases and proceedings."
Idaho Code § 5-404 (checked October 5, 2026): "Except as otherwise provided by this chapter or other provisions of law, a plaintiff shall bring an action in the county in which: (a) The cause of action arises; or (b) Any defendant resides at the commencement of the action."
Idaho Code § 49-654(1) (checked October 5, 2026): "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."
Idaho Code § 6-801 (checked October 5, 2026): "but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering."
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