Personal Injury Complaint - Auto Accident - North Carolina

PERSONAL INJURY COMPLAINT — AUTO ACCIDENT — NORTH CAROLINA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Background Facts
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
7. Damages
8. Prayer for Relief
9. Demand for Trial by Jury
10. Reservation of Rights
11. Signature and Service Blocks
12. Verification
13. Initial Process Checklist
14. North Carolina Practice Notes
15. Sources and References

1. CAPTION

STATE OF NORTH CAROLINA

[COUNTY NAME] COUNTY — SUPERIOR COURT

IN THE GENERAL COURT OF JUSTICE

CIVIL ACTION FILE NO. [________________________________]

VERIFIED COMPLAINT (PERSONAL INJURY — AUTO)

Plaintiff, complaining of Defendants, alleges and says as follows:

2. PARTIES, JURISDICTION, AND VENUE

1.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a citizen and resident of [COUNTY], North Carolina, and was so at all relevant times.

1.2. Defendant [DRIVER NAME] ("Driver") is a citizen and resident of [COUNTY / STATE] and may be served pursuant to N.C. R. Civ. P. 4 at [SERVICE ADDRESS].

1.3. Defendant [OWNER NAME] ("Owner") is a citizen and resident of [COUNTY / STATE] and is the titled owner of the vehicle operated by Driver at the time of the collision.

1.4. The amount in controversy exceeds $25,000.00, exclusive of interest and costs, making the Superior Court Division the proper division for trial under N.C. Gen. Stat. § 7A-243.

1.5. All acts or omissions complained of herein occurred in [COUNTY], North Carolina. Venue is therefore proper under N.C. Gen. Stat. § 1-82.

3. BACKGROUND FACTS

2.1. On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR / MAKE / MODEL] motor vehicle in a [DIRECTION, LANE, ROADWAY] on [STREET / ROAD] in [MUNICIPALITY], North Carolina (the "Collision").

2.2. At that same time and place, Defendant Driver, operating a [YEAR / MAKE / MODEL] owned by Defendant Owner, negligently [DESCRIBE CONDUCT — e.g., failed to yield, exceeded the posted speed limit, ran a red light].

2.3. Defendant Driver's vehicle violently collided with the [driver-side / passenger-side] of Plaintiff's vehicle, causing Plaintiff serious bodily injury and property damage.

2.4. Plaintiff was wearing a seatbelt, obeying all traffic laws, and exercised due care at all material times.

2.5. The [North Carolina State Highway Patrol / Local Police Department] determined that Defendant Driver was at fault and cited Defendant Driver for violation of [TRAFFIC STATUTE CITED] (the "Traffic Violation").

2.6. Plaintiff incurred ambulance and emergency-room care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY].

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

3.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 2.6.

3.2. Defendant Driver owed Plaintiff a duty of reasonable care to operate the vehicle in accordance with North Carolina traffic laws and ordinary prudence.

3.3. Defendant Driver breached that duty by, inter alia:

• Failing to keep a proper lookout;
• Operating the vehicle at an unlawful speed;
• Disregarding a [TRAFFIC CONTROL DEVICE / SIGN];
• Failing to yield the right of way.

3.4. Defendant Driver's breaches were the proximate cause of the Collision and of Plaintiff's injuries and damages described herein.

3.5. As a direct and proximate result, Plaintiff has sustained past and future medical expenses, lost wages or diminished earning capacity, physical pain, mental anguish, permanent impairment, and property damage.

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

4.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 3.5.

4.2. The Traffic Violation constitutes a violation of N.C. Gen. Stat. § 20-[SECTION] enacted for the protection of persons similarly situated to Plaintiff.

4.3. Defendant Driver's statutory violation constitutes negligence per se, and such negligence was a proximate cause of the Collision and Plaintiff's damages.

6. COUNT III — VICARIOUS LIABILITY / NEGLIGENT ENTRUSTMENT (Against Defendant Owner)

5.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 4.3.

5.2. Defendant Owner entrusted the vehicle to Defendant Driver with actual or constructive knowledge of Driver's incompetence, inexperience, or reckless propensities.

5.3. Alternatively, Defendant Owner is vicariously liable under the family-purpose and/or agency doctrines recognized in North Carolina.

5.4. Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver.

7. DAMAGES

6.1. Economic Damages (special): medical expenses to date approximately $[AMOUNT]; future medical expenses to be proven at trial; lost wages of $[AMOUNT]; diminished earning capacity to be proven at trial; and property damage of $[AMOUNT].

6.2. Non-Economic Damages (general): pain and suffering, permanent injury, scarring, disfigurement, emotional distress, and loss of enjoyment of life.

6.3. Punitive Damages: Pursuant to N.C. Gen. Stat. § 1D-15, Plaintiff seeks punitive damages for Defendant Driver's willful and wanton conduct, subject to the cap contained in N.C. Gen. Stat. § 1D-25.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands:

• A. Judgment against Defendants, jointly and severally, for compensatory damages in excess of $25,000.00, in an amount to be determined by a jury;
• B. Punitive damages in the maximum amount allowed by N.C. Gen. Stat. § 1D-25;
• C. Pre-judgment and post-judgment interest as allowed by law;
• D. Costs of this action, including reasonable attorney's fees where permitted;
• E. Such other and further relief the Court deems just and proper.

9. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to N.C. R. Civ. P. 38.

10. RESERVATION OF RIGHTS

Plaintiff reserves the right to further amend this Complaint to assert additional claims or add parties as discovery may reveal.

11. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], N.C. State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. VERIFICATION

STATE OF NORTH CAROLINA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

13. INITIAL PROCESS CHECKLIST

An initiating complaint must be served with an issued summons through the current Rule 4 route for each defendant. This checklist is not proof of service.

• ☐ Obtain a separate issued summons for each defendant.
• ☐ Classify each defendant under Rule 4(j) and identify the authorized recipient.
• ☐ Select a current Rule 4 service method; do not use later-paper service as a substitute.
• ☐ Complete and file the return, affidavit, or other proof required by the selected method.

14. NORTH CAROLINA PRACTICE NOTES

• Pleading standard. North Carolina follows notice pleading under N.C. R. Civ. P. 8(a), but a complaint must still allege facts sufficient to state a claim upon which relief can be granted to survive a 12(b)(6) motion. Ensure each count recites the elements of the cause of action with supporting facts.
• Contributory negligence. North Carolina is one of only four jurisdictions (along with Alabama, Maryland, Virginia, and the District of Columbia) that retains the pure contributory-negligence bar. Any finding of plaintiff fault defeats recovery absent the "last clear chance" doctrine. Plead Plaintiff's exercise of due care affirmatively.
• Punitive damages cap. Punitive damages are capped at the greater of three times compensatory damages or $250,000 per N.C. Gen. Stat. § 1D-25, with narrow exceptions for drunk-driving cases (§ 1D-26).
• Statute of limitations. Personal injury claims must be filed within three years of accrual per N.C. Gen. Stat. § 1-52(16).
• Service of process. Service under N.C. R. Civ. P. 4(j) may be effected by sheriff, designated delivery service, or certified/registered mail with return receipt. Out-of-state defendants may be served via long-arm statute N.C. Gen. Stat. § 1-75.4.
• Venue. Section 1-82 is residence-based for natural persons. Sections 1-79 and 1-80 govern specified entity defendants; Section 1-80 includes a cause-of-action location ground for qualifying foreign-corporation actions.
• Damage caps on non-economic damages. No general cap applies to ordinary auto-accident claims. (The § 90-21.19 cap applies to medical-malpractice actions, not standard negligence.)

15. SOURCES AND REFERENCES

• N.C. Gen. Stat. Chapter 1 (Civil Procedure) — https://www.ncleg.gov/
• N.C. Gen. Stat. Chapter 20 (Motor Vehicles)
• N.C. Gen. Stat. Chapter 1D (Punitive Damages)
• North Carolina Rules of Civil Procedure — https://www.nccourts.gov/
• Nelson v. Freeland, 349 N.C. 615 (1998) (premises standard)
• Hinnant v. Holland, 92 N.C. App. 142 (1988) (contributory negligence)
• North Carolina Pattern Jury Instructions — Civil (Motor Vehicle)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Carolina must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.