Personal Injury Complaint - Auto Accident - New York

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]

Index No.: ___________

VERIFIED COMPLAINT
Formal jury demand to follow with note of issue

Plaintiff, by [his/her/their] attorneys, [LAW FIRM NAME], complaining of the Defendant(s), alleges upon knowledge as to Plaintiff and Plaintiff's own acts, and upon information and belief as to all other matters, as follows:

TABLE OF CONTENTS

1. Parties
2. Jurisdiction & Venue
3. Relevant Statutory Framework
4. General Allegations (Accident Facts)

5. Causes of Action
   5.1 Negligence
   5.2 Negligence Per Se (Optional)
   5.3 Statutory Owner Liability (VTL § 388) (Optional)
   5.4 Respondeat Superior (Optional)

6. Damages

7. Jury Demand
8. Prayer for Relief
9. Verification

1. PARTIES

1. At all relevant times, Plaintiff [PLAINTIFF NAME] (“Plaintiff”) was and is a resident of the County of [COUNTY], State of New York.
2. Upon information and belief, Defendant [DEFENDANT DRIVER NAME] (“Driver-Defendant”) was and is a resident of the County of [COUNTY], State of [STATE].
3. Upon information and belief, Defendant [VEHICLE OWNER NAME] (“Owner-Defendant”) [is a resident of / is a business entity organized under the laws of] the State of [STATE] with its principal place of business at [ADDRESS].
4. [Optional: Insert additional party allegations—employer, municipality, manufacturer, etc.] If a city, county, town, village, fire district, or school district is a Defendant, use paragraph 4A where N.Y. Gen. Mun. Law §§ 50-e and 50-i govern the claim.
   4A. [Municipal tort claim governed by N.Y. Gen. Mun. Law §§ 50-e and 50-i only: Plaintiff served a notice of claim on [PUBLIC ENTITY] on [DATE] in compliance with § 50-e [or obtained leave for late service]. At least [30 days after service / 40 days if served through the Secretary of State] have elapsed, and adjustment or payment has been neglected or refused. This action was commenced within one year and 90 days after the event giving rise to the claim, as required by § 50-i(1)(c).]

2. JURISDICTION & VENUE

5. This Court has personal jurisdiction over each Defendant based on [that Defendant's New York domicile or other general-jurisdiction facts under N.Y. C.P.L.R. § 301] / [that nonresident Defendant's tortious act in New York giving rise to this claim under N.Y. C.P.L.R. § 302(a)(2)]. The supporting facts for each Defendant are [STATE FACTS].
6. Venue is proper in this County pursuant to N.Y. C.P.L.R. § 503(a) because [one or more parties resided here when this action commenced / a substantial part of the events giving rise to this claim occurred here / no party then resided in New York and Plaintiff designated this County].
7. The amount in controversy exceeds the monetary jurisdiction of all lower courts that would otherwise have jurisdiction.

3. RELEVANT STATUTORY FRAMEWORK

8. This action arises from a motor-vehicle collision in New York. [If supported by the parties' coverage facts: Plaintiff and Defendant(s) are covered persons under N.Y. Ins. Law § 5102(j), and this claim arises from negligence in the use or operation of a motor vehicle in New York; accordingly, § 5104(a) applies.]
9. [If the § 5104(a) serious-injury threshold applies: Plaintiff suffered a serious injury within N.Y. Ins. Law § 5102(d), namely [APPLICABLE STATUTORY CATEGORY AND SUPPORTING INJURY FACTS].]
10. [If § 5104(a) applies and excess economic loss is supported: Plaintiff sustained economic loss greater than basic economic loss as defined in § 5102(a), specifically [STATE SUPPORTING FACTS].] [If § 5104(a) applies and serious injury is supported: Plaintiff seeks non-economic loss on the basis of the serious injury pleaded in paragraph 9.] [If § 5104(a) does not apply: State the recoverable economic and non-economic losses supported by this claim; assess any first-party-benefits lien under § 5104(b).]
11. Comparative fault, if any, is governed by N.Y. C.P.L.R. § 1411.
12. [If this is a personal-injury action subject to Insurance Law Article 51: Plaintiff is not barred under N.Y. C.P.L.R. § 1411(b) because Plaintiff's culpable conduct, if any, is not greater than the culpable conduct of the Defendant(s) against whom recovery is sought, considered together.]
13. [If the facts potentially trigger N.Y. Ins. Law § 5104(d): Plaintiff [was / was not] at fault and [is / is not] barred from recovery by C.P.L.R. § 1411. Plaintiff [was / was not] operating an uninsured motor vehicle Plaintiff was responsible for insuring, with no coverage lapse of less than 30 days; [was / was not] operating while impaired at the time of the accident and convicted of that offense; and [was / was not] operating in the commission of a felony or immediate flight from it and convicted of that felony. If Plaintiff had a serious injury, was at fault but not barred, and one of those conditions applies, non-economic recovery is capped at $100,000 under § 5104(d).]

4. GENERAL ALLEGATIONS (ACCIDENT FACTS)

14. On [DATE] at approximately [TIME], Plaintiff was operating/occupying a [YEAR, MAKE, MODEL, PLATE NO.] (“Plaintiff’s Vehicle”) traveling [DIRECTION] on [ROADWAY] near [INTERSECTION / MILE MARKER] in [CITY/TOWN], County of [COUNTY], State of New York.
15. At the same time and place, Driver-Defendant was operating a [YEAR, MAKE, MODEL, PLATE NO.] (“Defendant’s Vehicle”), owned by Owner-Defendant.

16. Defendant(s) operated, maintained, and controlled Defendant’s Vehicle negligently, carelessly, and recklessly, including but not limited to:
    a. Failing to keep a proper lookout;
    b. Traveling at an unlawful and/or unsafe speed;
    c. Failing to yield the right-of-way;
    d. Violating N.Y. Veh. & Traf. Law (“VTL”) §§ [INSERT], among other statutory violations.

17. As a direct and proximate result of Defendant(s)’ negligence, Defendant’s Vehicle [collided with / struck / rear-ended] Plaintiff’s Vehicle, causing Plaintiff to sustain the injuries set forth herein.

18. Plaintiff was at all times exercising due care for [his/her/their] own safety.

5. CAUSES OF ACTION

5.1 FIRST CAUSE OF ACTION – NEGLIGENCE (Against Driver-Defendant)

19. Plaintiff repeats and realleges ¶¶ 1–18 as though fully set forth herein.
20. Driver-Defendant owed Plaintiff a duty to operate Defendant’s Vehicle in a reasonably safe manner in compliance with applicable statutes, regulations, and the common law.
21. Driver-Defendant breached said duty in the manner described above.
22. Driver-Defendant’s negligence was a direct and proximate cause of the collision and Plaintiff’s resulting injuries and damages.

5.2 SECOND CAUSE OF ACTION – NEGLIGENCE PER SE (Optional)

23. Plaintiff repeats and realleges ¶¶ 1–22.
24. Driver-Defendant violated VTL §§ [INSERT SPECIFIC SECTIONS], enacted for the safety of motorists and pedestrians.
25. The unexcused violation of an applicable Vehicle and Traffic Law standard constitutes negligence per se and was a proximate cause of Plaintiff's injuries. [STATE FACTS SHOWING THE VIOLATION, ABSENCE OF EXCUSE, AND CAUSATION.]

5.3 THIRD CAUSE OF ACTION – STATUTORY OWNER LIABILITY (VTL § 388) (Against Owner-Defendant) (Optional)

26. Plaintiff repeats and realleges ¶¶ 1–25.
27. At all relevant times, Owner-Defendant was the owner of Defendant’s Vehicle within the meaning of VTL § 388(3).
28. Pursuant to VTL § 388, Owner-Defendant is vicariously liable for the negligence of any permissive user, including Driver-Defendant.

5.4 FOURTH CAUSE OF ACTION – RESPONDEAT SUPERIOR (Against Employer-Defendant) (Optional)

29. Plaintiff repeats and realleges ¶¶ 1–28.
30. At the time of the accident, Driver-Defendant was acting within the course and scope of [his/her] employment with [EMPLOYER NAME].
31. Accordingly, [EMPLOYER NAME] is liable for Driver-Defendant’s negligence under the doctrine of respondeat superior.

6. DAMAGES

32. As a direct and proximate result of Defendant(s)’ negligence, Plaintiff sustained personal injuries including [DESCRIBE INJURIES].
33. Plaintiff has incurred medical, hospital, rehabilitation, and related expenses and will continue to incur such expenses in the future. [If § 5104(a) applies: Plead only economic loss recoverable beyond basic economic loss, considering the combined categories in § 5102(a).]
34. Plaintiff has sustained loss of earnings and impairment of earning capacity and will sustain such losses in the future. [If § 5104(a) applies: Claim only the portion recoverable beyond basic economic loss.]
35. [If non-economic loss is recoverable on the pleaded facts: Plaintiff has suffered and continues to suffer pain, emotional distress, loss of enjoyment of life, and other non-economic damages.]
36. Plaintiff seeks the damages recoverable on these facts, subject to any applicable limit under N.Y. Ins. Law § 5104(d) described in paragraph 13.
37. Pursuant to C.P.L.R. § 3017(c), Plaintiff does not state a specific dollar amount but alleges that the damages sought exceed the jurisdictional limits of all lower courts that would otherwise have jurisdiction.

7. JURY DEMAND

38. Plaintiff requests a trial by jury on all issues so triable as of right. Under C.P.L.R. § 4102(a), the jury demand must be made by serving and filing a note of issue containing the demand, or within the period that section allows after another party serves a note of issue without a demand.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows:
A. On the First Cause of Action, for compensatory damages in an amount to be determined by a jury;
B. On the Second Cause of Action (if pled), for compensatory damages as determined by a jury;
C. On the Third Cause of Action (if pled), for judgment against Owner-Defendant under VTL § 388;
D. On the Fourth Cause of Action (if pled), for judgment against Employer-Defendant under respondeat superior;
E. For prejudgment interest as permitted by law;
F. For costs and disbursements of this action, including statutory fees;
G. For such other and further relief as the Court deems just and proper.

Dated: [CITY], New York
[DATE]

Respectfully submitted,

__________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
Attorneys for Plaintiff
[ADDRESS]
[PHONE] | [EMAIL]
NY Bar No.: [BAR NUMBER]

9. VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF [COUNTY] )

[PLAINTIFF NAME], being duly sworn, deposes and says: I am the Plaintiff in the within action; I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true.

__________________________________
[PLAINTIFF NAME]

Sworn to before me this
___ day of __________, 20___

__________________________________
Notary Public