Personal Injury Complaint - Auto Accident - Texas

PLAINTIFF’S ORIGINAL PETITION

(Personal Injury – Motor Vehicle Collision)

CAUSE NO. [________________________________]

TABLE OF CONTENTS

1. Discovery Control Plan
2. Parties
3. Jurisdiction & Venue
4. Factual Background
5. Causes of Action
6. Damages
7. Conditions Precedent
8. Comparative Negligence Allegations
9. Jury Demand
10. Prayer
11. Request for Service of Citation
12. Signature Block
13. Certificate of Service

§1 DISCOVERY CONTROL PLAN (TRCP 190.3)

Plaintiff intends that discovery in this matter be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure.

§2 PARTIES

2.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual resident of [COUNTY], Texas, and may be contacted through undersigned counsel.

2.2 Defendant. [DEFENDANT NAME] (“Defendant”) is an individual resident of [COUNTY], Texas, who may be served with process at [DEFENDANT’S SERVICE ADDRESS] or wherever Defendant may be found.

§3 JURISDICTION & VENUE

3.1 Jurisdiction. The Court has subject-matter jurisdiction over this civil matter pursuant to Tex. Gov't Code § 24.007, and Plaintiff's statement of relief sought is set forth in the Prayer pursuant to TRCP 47(c).

3.2 Venue. Venue is proper in [COUNTY] County, Texas, under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in this county.

§4 FACTUAL BACKGROUND

4.1 On or about [DATE OF COLLISION], Plaintiff was lawfully operating a [VEHICLE DESCRIPTION] traveling [DIRECTION] on [ROADWAY/LOCATION] in [CITY, COUNTY], Texas.

4.2 Defendant, operating a [DEFENDANT VEHICLE DESCRIPTION], failed to operate his vehicle safely and collided with Plaintiff’s vehicle.

4.3 At the time of the collision, Defendant was negligent in one or more of the following respects, among others:
a. Failing to maintain a proper lookout;
b. Failing to control speed;
c. Following too closely;
d. Disregarding traffic signals or signs; and
e. Operating the vehicle while distracted and/or impaired.

4.4 The collision and the resulting damages to Plaintiff were proximately caused by Defendant’s acts and omissions described herein.

§5 CAUSES OF ACTION

§5.1 Negligence

5.1.1 Duty. Defendant owed Plaintiff a legal duty to exercise ordinary care in the operation of a motor vehicle.

5.1.2 Breach. Defendant breached that duty as set forth in §4.

5.1.3 Causation. Defendant’s breach proximately caused Plaintiff’s injuries and damages.

§5.2 Negligence Per Se

5.2.1 Defendant violated provisions of the Texas Transportation Code and/or applicable traffic ordinances, including but not limited to §§ 545.351 (Maximum Speed Requirements) and 545.062 (Following Distance).

5.2.2 Such statutory violations constitute negligence per se, and Plaintiff belongs to the class of persons the statutes were designed to protect.

§5.3 Gross Negligence & Exemplary Damages

5.3.1 Defendant’s conduct, when viewed objectively from Defendant’s standpoint at the time, involved an extreme degree of risk, considering the probability and magnitude of potential harm.

5.3.2 Defendant had actual, subjective awareness of the risk but proceeded with conscious indifference to the rights, safety, and welfare of others.

5.3.3 Accordingly, Plaintiff seeks exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.003, subject to the statutory limitations in § 41.008.

§6 DAMAGES

6.1 Economic Damages.
a. Reasonable and necessary medical expenses incurred in the past and those that, in reasonable probability, will be incurred in the future;
b. Loss of earnings in the past and loss of earning capacity in the future;
c. Property damage and loss of use of Plaintiff’s vehicle.

6.2 Non-Economic Damages.
a. Physical pain and suffering in the past and future;
b. Mental anguish in the past and future;
c. Physical impairment and disfigurement.

6.3 Exemplary Damages. As pled in §5.3, exemplary damages are sought in an amount the jury deems sufficient to punish and deter Defendant, subject to Tex. Civ. Prac. & Rem. Code § 41.008.

6.4 Pre- and Post-Judgment Interest. Plaintiff seeks prejudgment interest as allowed by Tex. Fin. Code §§ 304.102 and 304.104, and postjudgment interest as allowed by Tex. Fin. Code § 304.003.

6.5 Court Costs. Plaintiff seeks all costs of court.

§7 CONDITIONS PRECEDENT

All conditions precedent to Plaintiff’s recovery have been performed, have occurred, or have been waived.

§8 COMPARATIVE NEGLIGENCE ALLEGATIONS

Without admitting fault, Plaintiff pleads that, pursuant to Tex. Civ. Prac. & Rem. Code § 33.001, the trier of fact should compare the proportionate responsibility of all parties and designated responsible third parties. Plaintiff’s recovery shall be reduced only to the extent, if any, required by law.

§9 JURY DEMAND

Plaintiff demands a trial by jury and has tendered the requisite jury fee. U.S. CONST. amend. VII; TEX. CONST. art. I, § 15; TRCP 216.

§10 PRAYER

10.1 Statement of Relief Sought. Pursuant to TRCP 47(c), Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs.

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that Defendant be cited to appear and answer, and that upon final trial, Plaintiff have judgment against Defendant for:

1. Actual damages as set forth in §6;
2. Exemplary damages as set forth in §5.3;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of court; and
5. Such other and further relief, both legal and equitable, to which Plaintiff may show himself/herself justly entitled.

§11 REQUEST FOR SERVICE OF CITATION

Plaintiff requests that citation be issued and that service be perfected on Defendant in any manner authorized by TRCP 106 or 108, at the address set forth in §2.2 or wherever Defendant may be found.

§12 SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

[Address]

[City, State ZIP]

Telephone: [###-###-####]

Facsimile: [###-###-####]

Email: [Attorney Email]

By: [________________________________]

[ATTORNEY NAME], State Bar No. [________________________________]

ATTORNEY FOR PLAINTIFF

§13 CERTIFICATE OF SERVICE

I certify that on [DATE], a true and correct copy of this document was served on all counsel of record in compliance with TRCP 21a.

[________________________________]

[ATTORNEY NAME]