PERSONAL INJURY COMPLAINT – AUTO ACCIDENT

(Pennsylvania – Court of Common Pleas)

[// GUIDANCE: This template is drafted for use in Pennsylvania state court personal-injury litigation arising out of a motor-vehicle collision. It complies with the Pennsylvania Rules of Civil Procedure, incorporates the Commonwealth’s “choice no-fault” framework (limited vs. full tort), and reflects Pennsylvania’s modified comparative-negligence statute and Fair Share Act. Customize all bracketed text, confirm county-specific pleading rules, and attach additional counts or exhibits as needed.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Factual Allegations & Causes of Action)
IV. Representations & Warranties (Jurisdiction & Venue)
V. Covenants & Restrictions (Litigation Conduct)
VI. Default & Remedies (Prayer for Relief)
VII. Risk Allocation (Comparative Negligence & Statutory Limits)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block (Verification & Certificate of Service)

I. DOCUMENT HEADER

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA – CIVIL DIVISION

COMPLAINT IN CIVIL ACTION – PERSONAL INJURY (MOTOR-VEHICLE COLLISION)
JURY TRIAL DEMANDED

[// GUIDANCE: Pennsylvania Rule of Civil Procedure (“Pa. R.C.P.”) 1019 bars pleading a sum certain in personal-injury cases. Instead, state whether the claim is or is not subject to compulsory arbitration under local rules.]

II. DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below. Defined terms apply throughout this pleading, including the Prayer for Relief.

1. “Collision” means the motor-vehicle accident that occurred on [DATE] at or near [PRECISE LOCATION], Commonwealth of Pennsylvania.
2. “Plaintiff” means [PLAINTIFF FULL NAME], including any lawful successors, representatives, or assigns.
3. “Defendant” means [DEFENDANT FULL NAME], including agents, servants, employees, and anyone acting in concert with Defendant at all relevant times.
4. “Vehicle” means the [YEAR/MAKE/MODEL] operated by Defendant at the time of the Collision.
5. “MVFRL” means the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. Cons. Stat. § 1701 et seq.
6. “Comparative Negligence Statute” means 42 Pa. Cons. Stat. § 7102.

III. OPERATIVE PROVISIONS

A. Parties

3.1 Plaintiff is an adult citizen and resident of [COUNTY], Pennsylvania, residing at [ADDRESS].

3.2 Defendant is [an adult individual residing at / a Pennsylvania business entity with its principal place of business at] [ADDRESS].

B. Jurisdiction & Venue

3.3 This Court has subject-matter jurisdiction under 42 Pa. Cons. Stat. § 931.

3.4 Venue is proper in [COUNTY] County pursuant to Pa. R.C.P. 1006 because the Collision occurred in this County and/or Defendant regularly conducts business here.

C. Factual Allegations

3.5 On [DATE] at approximately [TIME], Defendant was operating the Vehicle eastbound on [ROADWAY].

3.6 Defendant negligently, carelessly, and/or recklessly:
a. Failed to maintain a proper lookout;
b. Drove at an unreasonable speed;
c. Violated the Pennsylvania Vehicle Code;
d. Failed to yield the right-of-way; and
e. Failed to maintain proper control of the Vehicle.

3.7 As a direct and proximate result of Defendant’s conduct, Defendant’s Vehicle collided with Plaintiff’s vehicle/pedestrian person, causing Plaintiff severe and permanent injuries.

D. Damages

3.8 Plaintiff sustained, inter alia, the following injuries: [LIST PHYSICAL, EMOTIONAL, AND ECONOMIC DAMAGES].

3.9 Plaintiff has incurred and will continue to incur medical expenses, wage loss, loss of earning capacity, and other economic/non-economic losses in excess of the applicable arbitration limits.

E. Causes of Action

COUNT I – NEGLIGENCE
3.10 Plaintiff incorporates Paragraphs 3.1 through 3.9 as though fully set forth herein.

3.11 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.

3.12 Defendant breached that duty by the acts and omissions described above.

3.13 Defendant’s breach was the factual and legal cause of Plaintiff’s injuries and damages.

COUNT II – RECKLESS CONDUCT / PUNITIVE DAMAGES (optional)
3.14 Plaintiff incorporates Paragraphs 3.1 through 3.13.

3.15 Defendant’s conduct exhibited a reckless indifference to the rights and safety of others, warranting punitive damages under Pennsylvania law.

[// GUIDANCE: Delete Count II if punitive damages are not pursued.]

COUNT III – LOSS OF CONSORTIUM (optional)
3.16 Plaintiff’s spouse, [SPOUSE NAME], realleges Paragraphs 3.1 through 3.13 and has suffered loss of consortium.

[// GUIDANCE: Add or remove counts to fit the facts.]

IV. REPRESENTATIONS & WARRANTIES (Jurisdiction & Venue)

4.1 Plaintiff represents that he/she has elected [FULL TORT / LIMITED TORT with statutory exception under 75 Pa. Cons. Stat. § 1705(d)] and is therefore entitled to assert claims for non-economic damages.

4.2 Plaintiff represents that the amount in controversy exceeds $50,000, exclusive of costs and interest, and is therefore not subject to compulsory arbitration pursuant to Pa. R.C.P. 1301 et seq.

V. COVENANTS & RESTRICTIONS (Litigation Conduct)

5.1 Plaintiff will comply with Pa. R.C.P. discovery obligations, including mandatory initial disclosures where applicable.

5.2 Plaintiff covenants to preserve all relevant evidence and demands that Defendant do the same, triggering Defendant’s duty to preserve under applicable spoliation law.

5.3 Plaintiff reserves the right to amend this Complaint pursuant to Pa. R.C.P. 1033.

VI. DEFAULT & REMEDIES (Prayer for Relief)

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff’s favor and against Defendant, awarding:

a. Compensatory damages in an amount to be determined by the jury, believed to exceed the compulsory-arbitration threshold;
b. Punitive damages (if Count II is asserted);
c. Delay damages pursuant to Pa. R.C.P. 238;
d. Pre- and post-judgment interest as allowed by law;
e. Reasonable costs of suit; and
f. Such other and further relief as the Court deems just and proper.

VII. RISK ALLOCATION (Comparative Negligence & Statutory Limits)

7.1 Pursuant to 42 Pa. Cons. Stat. § 7102, Plaintiff’s recovery, if any, shall be diminished only by Plaintiff’s proportionate share of negligence, provided that share does not exceed fifty percent (50%).

7.2 To the extent any statutory damage cap applies (e.g., claims against a local governmental unit under 42 Pa. Cons. Stat. § 8553), Plaintiff pleads in the alternative and seeks the maximum recoverable amount.

VIII. DISPUTE RESOLUTION

8.1 Governing Law: This action is governed by Pennsylvania substantive law and the Pennsylvania Rules of Civil Procedure.

8.2 Forum Selection: Plaintiff consents to and selects the Court of Common Pleas of [COUNTY] County, Pennsylvania.

8.3 Arbitration: The parties may stipulate to binding or non-binding arbitration pursuant to Pa. R.C.P. 1301 et seq.; absent such stipulation, Plaintiff demands trial by jury.

8.4 Jury Demand: Plaintiff hereby demands a trial by twelve (12) jurors on all issues so triable.

8.5 Injunctive Relief: Plaintiff reserves the right to seek equitable relief to preserve the status quo or prevent spoliation, as circumstances require.

IX. GENERAL PROVISIONS

9.1 Amendment & Waiver: No amendment of pleadings shall occur without leave of court where required; no waiver of rights shall be inferred from silence.

9.2 Assignment: Claims asserted herein are personal to Plaintiff and may not be assigned without compliance with Pennsylvania law.

9.3 Severability: Should any portion of this Complaint be deemed legally deficient, the remaining allegations shall survive to the fullest extent permitted.

9.4 Integration: This Complaint constitutes the entire pleading of Plaintiff as of the date of filing.

9.5 Electronic Filing & Signatures: This document may be filed and served electronically in accordance with Pa. R.C.P. and local e-filing rules; facsimile signatures shall be deemed originals for all purposes.

X. EXECUTION BLOCK

A. Verification

I, [PLAINTIFF NAME], verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities.

Date: ____ _______
[PLAINTIFF NAME]

[// GUIDANCE: Pa. R.C.P. 1024 requires verification by a party or authorized representative. Attach additional verifications for consortium or minor-plaintiff claims.]

B. Signature Block

Respectfully submitted,

[LAW FIRM NAME]
By: ____
[ATTORNEY NAME] (Atty. ID No. [_])
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

C. Certificate of Service

I hereby certify that on this _ day of _, 20__, a true and correct copy of the foregoing Complaint was served upon all counsel/parties of record via [FIRST-CLASS MAIL / E-FILING SYSTEM / PERSONAL SERVICE] in accordance with Pa. R.C.P. 440.

[ATTORNEY NAME]

[// GUIDANCE: Before filing, confirm compliance with any county-specific pleading formats (e.g., cover sheets, case-management statements), verify accuracy of statutory citations, and tailor factual allegations to the incident.]