Personal Injury Complaint - Auto Accident

COMPLAINT AT LAW

Personal Injury - Motor Vehicle Negligence

State of Illinois

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

[________________________________] COUNTY, ILLINOIS

TABLE OF CONTENTS

1. Jurisdiction and Venue
2. Parties
3. Factual Allegations
4. Count I - Negligence
5. Count II - Negligence Per Se (Optional)
6. Count III - Respondeat Superior / Vicarious Liability (Optional)
7. Count IV - Negligent Entrustment (Optional)
8. Count V - Dram Shop Liability (Optional)
9. Comparative Fault Allegations
10. Damages
11. Amount in Controversy (Ill. Sup. Ct. R. 222(b))
12. Prayer for Relief
13. Demand for Jury Trial
14. Mandatory Arbitration Statement (If Applicable)
15. Attorney Certification (Ill. Sup. Ct. R. 137)
16. Certificate of Service

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction over this action pursuant to Article VI, Section 9 of the Illinois Constitution and 735 ILCS 5/2-101, in that the occurrence giving rise to these claims occurred in [________________________________] County, Illinois, and the amount in controversy exceeds the jurisdictional minimum for the Law Division.

2. Venue is proper in [________________________________] County pursuant to 735 ILCS 5/2-101 because:
   ☐ The transaction or some part thereof out of which the cause of action arose occurred in this County
   ☐ Defendant resides in this County
   ☐ Defendant was doing business in this County at the time the cause of action arose
   ☐ Other: [________________________________]

3. This Court has personal jurisdiction over each Defendant because each Defendant:
   ☐ Is a resident of the State of Illinois
   ☐ Was present in Illinois at the time of service
   ☐ Committed a tortious act within Illinois (735 ILCS 5/2-209)
   ☐ Other: [________________________________]

II. PARTIES

4. Plaintiff, [________________________________] ("Plaintiff"), is an individual residing at [________________________________], [________________________________] County, Illinois [____].

5. Defendant, [________________________________] ("Defendant Driver"), is an individual residing at [________________________________], [________________________________] County, Illinois [____], and at all times relevant hereto was the operator of the motor vehicle involved in the collision described below.

6. ☐ Defendant, [________________________________] ("Defendant Owner"), is ☐ an individual / ☐ a corporation organized under the laws of [________________________________] / ☐ a limited liability company / ☐ other: [________________________________], with a principal place of business at [________________________________], and at all relevant times was the titled owner of the motor vehicle operated by Defendant Driver and/or the employer or principal of Defendant Driver.

7. ☐ Defendant, [________________________________] ("Defendant Employer"), is ☐ a corporation / ☐ LLC / ☐ other: [________________________________], with a principal place of business at [________________________________], and at all relevant times was the employer of Defendant Driver, who was acting within the course and scope of employment at the time of the collision.

8. ☐ Defendant, [________________________________] (additional defendant), [________________________________] (description and capacity).

III. FACTUAL ALLEGATIONS

9. On [__/__/____], at approximately [____] ☐ a.m. / ☐ p.m., Plaintiff was lawfully operating a [________________________________] (year/make/model) motor vehicle ☐ northbound / ☐ southbound / ☐ eastbound / ☐ westbound on [________________________________] (street/highway) at or near the intersection of [________________________________] in [________________________________], [________________________________] County, Illinois.

10. At the same time and place, Defendant Driver was operating a [________________________________] (year/make/model) motor vehicle in the same vicinity.

11. At the time and place of the collision, the weather conditions were [________________________________], the road conditions were [________________________________], and traffic conditions were [________________________________].

12. Defendant Driver owed Plaintiff and all other motorists, passengers, and users of the roadway a duty to exercise ordinary care and caution in the operation of a motor vehicle on the public highways of the State of Illinois.

13. Defendant Driver breached said duty of care by operating the motor vehicle in a negligent, careless, and reckless manner, as more particularly described below.

14. As a direct and proximate result of one or more of Defendant Driver's negligent acts and/or omissions, Defendant Driver's vehicle struck Plaintiff's vehicle, causing the collision described herein (the "Collision").

15. As a direct and proximate result of the Collision, Plaintiff sustained severe and permanent bodily injuries, including but not limited to:
    ☐ [________________________________]
    ☐ [________________________________]
    ☐ [________________________________]
    ☐ [________________________________]
    ☐ Other injuries to be determined through ongoing medical treatment and discovery

16. Plaintiff was wearing a seatbelt at the time of the Collision. ☐ Yes ☐ No ☐ Unknown

17. A police report was filed with the [________________________________] Police Department, Report No. [________________________________].

18. ☐ Defendant Driver was cited for: [________________________________]

19. ☐ Defendant Driver was arrested for: [________________________________]

IV. COUNT I - NEGLIGENCE (Against Defendant Driver)

20. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 19 above.

21. At the time and place of the Collision, Defendant Driver owed Plaintiff a duty to exercise ordinary care and caution in the operation of a motor vehicle, including the duties to:

a. Keep a proper lookout for other vehicles and hazards on the roadway;
b. Maintain the motor vehicle under proper and reasonable control;
c. Operate the vehicle at a speed that was reasonable and proper for conditions (625 ILCS 5/11-601);
d. Obey all traffic control devices, signals, and signs;
e. Yield the right-of-way when required by law;
f. Maintain a safe following distance;
g. Signal before turning or changing lanes;
h. Remain alert and attentive to road conditions and other vehicles;
i. Operate the vehicle in compliance with all applicable provisions of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.).

22. Defendant Driver breached the foregoing duties of care by one or more of the following negligent acts or omissions:

a. ☐ Failed to keep a proper lookout for the presence of Plaintiff's vehicle;
b. ☐ Failed to yield the right-of-way to Plaintiff;
c. ☐ Operated the vehicle at a speed greater than was reasonable and proper under the conditions then and there existing, in violation of 625 ILCS 5/11-601;
d. ☐ Exceeded the posted speed limit of [____] miles per hour;
e. ☐ Failed to reduce speed to avoid a collision;
f. ☐ Failed to stop at a ☐ red light / ☐ stop sign, in violation of 625 ILCS 5/11-306 / 625 ILCS 5/11-1204;
g. ☐ Failed to maintain proper control of the vehicle;
h. ☐ Failed to maintain a safe following distance, in violation of 625 ILCS 5/11-710;
i. ☐ Made an improper turn or lane change;
j. ☐ Drove while under the influence of alcohol and/or drugs, in violation of 625 ILCS 5/11-501;
k. ☐ Drove while distracted (including use of a cell phone or electronic device), in violation of 625 ILCS 5/12-610.2;
l. ☐ Drove while fatigued or drowsy;
m. ☐ Failed to use headlights or proper lighting;
n. ☐ [________________________________];
o. ☐ [________________________________];
p. ☐ Was otherwise careless and negligent.

23. The foregoing negligent acts and/or omissions of Defendant Driver were a direct and proximate cause of the Collision and Plaintiff's resulting injuries and damages.

24. As a direct and proximate result of Defendant Driver's negligence, Plaintiff suffered the injuries and damages described in Section X below.

V. COUNT II - NEGLIGENCE PER SE (Against Defendant Driver) (Optional)

☐ Include this Count

25. Plaintiff re-alleges and incorporates paragraphs 1 through 24 above.

26. At the time and place of the Collision, Defendant Driver violated the following provision(s) of the Illinois Vehicle Code:

☐ 625 ILCS 5/11-601 (Speed restrictions) by [________________________________]
☐ 625 ILCS 5/11-306 (Traffic control signal legend) by [________________________________]
☐ 625 ILCS 5/11-501 (Driving under the influence) by [________________________________]
☐ 625 ILCS 5/11-710 (Following too closely) by [________________________________]
☐ 625 ILCS 5/11-1204 (Stop signs) by [________________________________]
☐ 625 ILCS 5/12-610.2 (Electronic communication devices) by [________________________________]
☐ Other: [________________________________]

27. The statute(s) violated was/were enacted to protect the class of persons that includes Plaintiff from the type of harm suffered by Plaintiff.

28. Defendant Driver's violation of the statute(s) constitutes negligence per se under Illinois law.

29. Defendant Driver's statutory violation(s) were a direct and proximate cause of the Collision and Plaintiff's resulting injuries and damages.

VI. COUNT III - RESPONDEAT SUPERIOR / VICARIOUS LIABILITY (Optional)

☐ Include this Count

30. Plaintiff re-alleges and incorporates all preceding paragraphs.

31. At the time of the Collision, Defendant Driver was acting within the course and scope of employment with Defendant Employer, [________________________________].

32. Defendant Driver was performing duties assigned by or for the benefit of Defendant Employer at the time of the Collision.

33. Under the doctrine of respondeat superior, Defendant Employer is vicariously liable for the negligent acts and omissions of Defendant Driver committed within the scope of employment.

34. Defendant Employer is therefore liable to Plaintiff for all injuries and damages proximately caused by Defendant Driver's negligence.

VII. COUNT IV - NEGLIGENT ENTRUSTMENT (Optional)

☐ Include this Count

35. Plaintiff re-alleges and incorporates all preceding paragraphs.

36. Defendant Owner/Employer knew or should have known that Defendant Driver was an incompetent, reckless, or unfit driver by reason of:
    ☐ Prior driving record (including violations, suspensions, or revocations)
    ☐ History of accidents
    ☐ Known substance abuse issues
    ☐ Lack of proper licensure
    ☐ Other: [________________________________]

37. Despite this knowledge, Defendant Owner/Employer negligently entrusted the motor vehicle to Defendant Driver.

38. Defendant Owner/Employer's negligent entrustment was a proximate cause of the Collision and Plaintiff's injuries.

VIII. COUNT V - DRAM SHOP LIABILITY (Optional)

☐ Include this Count (235 ILCS 5/6-21)

39. Plaintiff re-alleges and incorporates all preceding paragraphs.

40. Prior to the Collision, Defendant Establishment, [________________________________], located at [________________________________], sold or provided alcoholic liquor to Defendant Driver.

41. Defendant Driver was intoxicated at the time of the Collision as a result of consuming alcoholic liquor sold or provided by Defendant Establishment.

42. Under the Illinois Liquor Control Act, 235 ILCS 5/6-21 (Dram Shop Act), Defendant Establishment is liable for injuries caused by an intoxicated person to whom it sold or provided alcoholic liquor that contributed to the intoxication.

43. Defendant Establishment's sale or provision of alcohol to Defendant Driver was a proximate cause of the Collision and Plaintiff's injuries.

IX. COMPARATIVE FAULT ALLEGATIONS

44. Pursuant to 735 ILCS 5/2-1116, Illinois follows a modified comparative fault system. A plaintiff's recovery is diminished in proportion to the plaintiff's percentage of fault, and a plaintiff who is more than 50% at fault is barred from recovery.

45. Plaintiff's fault, if any, does not equal or exceed fifty-one percent (51%) of the total proximate cause of the injuries and damages in question. Plaintiff's recovery shall be reduced only by the percentage of fault, if any, properly attributable to Plaintiff by the trier of fact.

46. Plaintiff anticipates that Defendant(s) may assert comparative fault as an affirmative defense and reserves the right to respond to such allegations.

X. DAMAGES

47. As a direct and proximate result of Defendant(s)' negligence, Plaintiff has sustained and will continue to sustain the following injuries and damages:

A. Economic Damages

☐ Past medical expenses in an amount to be proven at trial, estimated at $[________________________________] and continuing to accrue
☐ Future medical expenses reasonably anticipated, including [________________________________]
☐ Past lost wages and income in an amount of $[________________________________]
☐ Future loss of earning capacity in an amount to be proven at trial
☐ Property damage to Plaintiff's vehicle in the amount of $[________________________________]
☐ Out-of-pocket expenses (transportation to medical appointments, home modifications, etc.)
☐ Other economic damages: [________________________________]

B. Non-Economic Damages

☐ Past and future pain and suffering
☐ Past and future emotional distress and mental anguish
☐ Loss of normal life (disability, impairment of daily activities)
☐ Disfigurement and scarring
☐ Loss of enjoyment of life
☐ Inconvenience
☐ Loss of consortium (claim of Plaintiff's spouse, [________________________________])

C. Punitive Damages (If Applicable)

☐ Plaintiff seeks punitive damages based on Defendant's willful and wanton misconduct, including: [________________________________]

48. There are no statutory caps on compensatory damages for personal injury claims arising from automobile accidents under Illinois law. Prior Illinois damage-cap statutes have been held unconstitutional. See Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010) (non-economic damage caps unconstitutional); Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997).

49. All conditions precedent to the filing of this action have been performed, have occurred, or have been waived.

XI. AMOUNT IN CONTROVERSY (ILL. SUP. CT. R. 222(b))

50. Pursuant to Illinois Supreme Court Rule 222(b), Plaintiff states that the damages sought in this action:

☐ Exceed $50,000.00, exclusive of interest and costs (Law Division)
☐ Are $50,000.00 or less, exclusive of interest and costs (subject to mandatory arbitration in applicable counties)

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, [________________________________], respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant(s), jointly and severally where applicable, as follows:

A. Compensatory damages in a sum in excess of $[________________________________], commensurate with the evidence and the enlightened conscience of the jury;

B. Special damages for past and future medical expenses, lost wages, loss of earning capacity, and property damage;

C. General damages for pain and suffering, emotional distress, disability, disfigurement, and loss of normal life;

D. ☐ Punitive damages for willful and wanton misconduct;

E. Pre-judgment and post-judgment interest as permitted by law;

F. Costs of suit;

G. Such other and further relief as this Court deems just and proper.

XIII. DEMAND FOR JURY TRIAL

51. Plaintiff hereby demands trial by jury on all issues so triable as a matter of right pursuant to Article I, Section 13 of the Illinois Constitution (1970) and 735 ILCS 5/2-1105.

XIV. MANDATORY ARBITRATION STATEMENT (IF APPLICABLE)

☐ Include if applicable (claims $50,000 or less in mandatory arbitration counties)

52. Plaintiff acknowledges that this matter may be subject to court-annexed mandatory arbitration pursuant to Illinois Supreme Court Rules 86 through 95 and the local rules of this Circuit. Plaintiff reserves all rights thereunder, including the right to reject the arbitration award and demand trial de novo.

☐ Not applicable (claim exceeds mandatory arbitration threshold).

XV. ATTORNEY CERTIFICATION (ILL. SUP. CT. R. 137)

The undersigned attorney certifies, pursuant to Illinois Supreme Court Rule 137, that:

a. The statements set forth in this Complaint are true and correct to the best of the attorney's knowledge, information, and belief, formed after reasonable inquiry;

b. This 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;

c. This Complaint is not filed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

DATED: [__/__/____]

Respectfully submitted,

_____________________________________________

[________________________________], Attorney
Illinois ARDC No. [________________________________]
[________________________________] (Law Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Attorney for Plaintiff

XVI. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint at Law was served upon the following by:

☐ U.S. First Class Mail, postage prepaid
☐ Personal service pursuant to 735 ILCS 5/2-203
☐ Service by special order of court
☐ E-filing service through the Illinois e-filing system
☐ Other: [________________________________]

Served upon:

[________________________________]
[________________________________]
[________________________________]

_____________________________________________
[Attorney Name]

SOURCES AND REFERENCES

1. 735 ILCS 5/2-101 - Jurisdiction and venue
2. 735 ILCS 5/2-601 et seq. - Pleading requirements
3. 735 ILCS 5/2-1116 - Modified comparative fault (51% bar rule)
4. 735 ILCS 5/2-1105 - Jury trial demand
5. 735 ILCS 5/2-1107 - Comparative fault - reduction of recovery
6. 735 ILCS 5/2-209 - Long-arm statute (personal jurisdiction)
7. 625 ILCS 5/11-601 - Speed restrictions
8. 625 ILCS 5/11-306 - Traffic signal compliance
9. 625 ILCS 5/11-501 - Driving under the influence
10. 625 ILCS 5/11-710 - Following too closely
11. 625 ILCS 5/11-1204 - Stop sign violations
12. 625 ILCS 5/12-610.2 - Electronic communication devices while driving
13. 235 ILCS 5/6-21 - Dram Shop Act
14. Ill. Sup. Ct. R. 222(b) - Amount in controversy statement
15. Ill. Sup. Ct. R. 137 - Attorney certification
16. Ill. Sup. Ct. R. 86-95 - Mandatory arbitration
17. Ill. Const. 1970, Art. I, § 13 - Right to jury trial
18. Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217 (2010) - Damage caps unconstitutional
19. Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997) - Tort reform damage caps struck down
20. Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d 494 (1967) - Proximate cause standard

This template is provided for informational and educational purposes only. It does not constitute legal advice. Illinois tort and procedural law is subject to legislative amendment and judicial interpretation. Verify current statutory text, court rules, and local rules before filing. Use of this template does not create an attorney-client relationship.