Personal Injury Complaint - Auto Accident

COMPLAINT FOR DAMAGES

Personal Injury - Motor Vehicle Collision

State of Wyoming

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

IN AND FOR [________________________________] COUNTY, STATE OF WYOMING

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. Factual Allegations
4. Count I - Negligence
5. Count II - Negligence Per Se (Optional)
6. Count III - Vicarious Liability / Respondeat Superior (Optional)
7. Count IV - Negligent Entrustment (Optional)
8. Comparative Fault
9. Damages
10. Prayer for Relief
11. Jury Demand
12. Verification and W.R.C.P. 11 Certification
13. Certificate of Service

I. PARTIES

1. Plaintiff, [________________________________] ("Plaintiff"), is an adult individual who is, and at all times relevant hereto was, a resident of [________________________________] County, State of Wyoming, residing at [________________________________].

2. Defendant, [________________________________] ("Defendant Driver"), is an adult individual residing at [________________________________], [________________________________] County, Wyoming [____], and may be served with process at [________________________________].

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

4. ☐ Additional Defendant, [________________________________], is [________________________________], with ☐ an address / ☐ principal place of business at [________________________________]. [Description of capacity and role.]

II. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction over this action pursuant to Wyoming Constitution, Article 5, Section 10, and Wyo. Stat. Ann. § 5-3-101, as the amount in controversy exceeds the jurisdictional minimum and the cause of action arises within the State of Wyoming.

6. Venue is proper in [________________________________] County pursuant to Wyo. Stat. Ann. § 1-5-101 because:
   ☐ Defendant resides in this County
   ☐ The collision giving rise to these claims occurred in this County
   ☐ Defendant may be found in this County
   ☐ Defendant transacts business in this County
   ☐ Other: [________________________________]

7. Personal jurisdiction over each Defendant exists because:
   ☐ Defendant is domiciled in Wyoming
   ☐ Defendant committed tortious acts within Wyoming
   ☐ Defendant conducts substantial business within Wyoming
   ☐ Defendant consented to jurisdiction
   ☐ Other: [________________________________]

III. FACTUAL ALLEGATIONS

8. On [__/__/____], at approximately [____] ☐ a.m. / ☐ p.m., Plaintiff was lawfully operating a [________________________________] (year/make/model) motor vehicle ☐ northbound / ☐ southbound / ☐ eastbound / ☐ westbound on [________________________________] (road/highway) at or near [________________________________] (intersection/location/mile marker) in [________________________________], [________________________________] County, Wyoming (the "Collision site").

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

10. At the time of the Collision, weather conditions were [________________________________], road conditions were [________________________________], visibility was [________________________________], and traffic conditions were [________________________________].

11. The posted speed limit at the Collision site was [____] miles per hour.

12. Defendant Driver owed Plaintiff and all other persons lawfully using the roadway a duty to exercise reasonable care in the operation, control, and management of a motor vehicle on the public highways of Wyoming.

13. Defendant Driver negligently operated the motor vehicle in one or more of the ways described below, causing the vehicle to strike Plaintiff's vehicle (the "Collision").

14. As a direct and proximate result of the Collision, Plaintiff sustained severe bodily injuries, including but not limited to:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ Additional injuries to be identified through continued medical treatment and discovery

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

16. ☐ Defendant Driver was acting within the course and scope of employment with Defendant Owner/Employer at the time of the Collision.

17. ☐ Defendant Owner negligently entrusted the vehicle to Defendant Driver, knowing or having reason to know that Defendant Driver was an incompetent, unfit, or reckless driver.

18. A traffic accident report was filed with the [________________________________] (agency), Report No. [________________________________].

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

20. Wyoming operates under a fault-based tort system for motor vehicle collisions. No statutory no-fault limitations apply to this action.

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

22. Plaintiff reserves the right to amend this Complaint upon discovery of additional facts.

IV. COUNT I - NEGLIGENCE (Against All Defendants)

23. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 22 above.

24. At all times relevant, Defendant Driver owed Plaintiff a duty of reasonable care in the operation, management, and control of the motor vehicle on the public roadways of Wyoming.

25. Defendant Driver breached said duty of care by one or more of the following negligent acts or omissions:

a. ☐ Failed to maintain a proper lookout for the presence and position of Plaintiff's vehicle and other traffic;
b. ☐ Failed to yield the right-of-way to Plaintiff as required by Wyo. Stat. Ann. § 31-5-222;
c. ☐ Operated the vehicle at a speed greater than was reasonable and prudent under the conditions then and there existing, in violation of Wyo. Stat. Ann. § 31-5-301;
d. ☐ Exceeded the posted speed limit of [____] mph, in violation of Wyo. Stat. Ann. § 31-5-301;
e. ☐ Failed to reduce speed to avoid a collision;
f. ☐ Failed to stop at a ☐ stop sign / ☐ red traffic signal, in violation of Wyo. Stat. Ann. § 31-5-301 et seq.;
g. ☐ Failed to maintain the vehicle under proper control;
h. ☐ Failed to maintain a safe following distance, in violation of Wyo. Stat. Ann. § 31-5-233;
i. ☐ Made an improper lane change or turn without signaling;
j. ☐ Operated the vehicle while under the influence of alcohol and/or controlled substances, in violation of Wyo. Stat. Ann. § 31-5-233;
k. ☐ Operated the vehicle while distracted, including use of a cell phone or electronic device;
l. ☐ Drove while fatigued, drowsy, or otherwise impaired;
m. ☐ Failed to use headlights or proper lighting as required;
n. ☐ Crossed the center line or drove on the wrong side of the road;
o. ☐ [________________________________];
p. ☐ [________________________________];
q. ☐ Was otherwise negligent in the operation of the vehicle.

26. Each of the foregoing negligent acts and/or omissions of Defendant Driver was a direct and proximate cause of the Collision and Plaintiff's resulting injuries and damages.

27. Pursuant to Wyo. Stat. Ann. § 1-1-109, Plaintiff's comparative fault, if any, does not bar recovery because Plaintiff's fault does not equal or exceed the combined fault of Defendant(s).

28. Plaintiff demands judgment against Defendant(s), jointly and severally, for all damages as allowed by law.

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

☐ Include this Count

29. Plaintiff re-alleges and incorporates paragraphs 1 through 28 above.

30. At the time and place of the Collision, Defendant Driver violated the following Wyoming statute(s):

☐ Wyo. Stat. Ann. § 31-5-301 (Speed restrictions) by: [________________________________]
☐ Wyo. Stat. Ann. § 31-5-222 (Right-of-way) by: [________________________________]
☐ Wyo. Stat. Ann. § 31-5-233 (Following too closely) by: [________________________________]
☐ Wyo. Stat. Ann. § 31-5-235 (DUI) by: [________________________________]
☐ Wyo. Stat. Ann. § [________________________________] by: [________________________________]

31. The statute(s) violated were enacted to protect the class of persons including Plaintiff from the type of harm suffered by Plaintiff.

32. Defendant Driver's statutory violation(s) constitute negligence per se under Wyoming law.

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

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

☐ Include this Count

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

35. At the time of the Collision, Defendant Driver was acting within the course and scope of employment with Defendant Employer/Owner.

36. Defendant Driver was performing duties assigned by or benefiting Defendant Employer/Owner.

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

38. Defendant Employer/Owner is therefore jointly and severally liable for all injuries and damages proximately caused by Defendant Driver's negligence.

VII. COUNT IV - NEGLIGENT ENTRUSTMENT (Optional)

☐ Include this Count

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

40. Defendant Owner 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 motor vehicle accidents
    ☐ Known substance abuse
    ☐ Lack of valid driver's license
    ☐ Physical or mental impairment
    ☐ Other: [________________________________]

41. Despite such knowledge or constructive knowledge, Defendant Owner entrusted the motor vehicle to Defendant Driver.

42. Defendant Owner's negligent entrustment was a direct and proximate cause of the Collision and Plaintiff's injuries.

VIII. COMPARATIVE FAULT

43. Wyoming follows a modified comparative fault system under Wyo. Stat. Ann. § 1-1-109. Under this statute:

a. The contributory fault of a claimant does not bar recovery if the claimant's fault is less than the fault of all persons against whom recovery is sought;
b. Any damages allowed shall be diminished in proportion to the amount of fault attributable to the claimant;
c. If the claimant's fault equals or exceeds 51% of the total fault, the claimant is barred from recovery.

44. Plaintiff's fault, if any, was less than fifty-one percent (51%) of the total fault for the Collision. Plaintiff's recovery shall be diminished only by the percentage of comparative fault, if any, properly attributed to Plaintiff.

45. No statutory cap applies to economic or noneconomic damages for automobile personal injury claims in Wyoming.

IX. DAMAGES

46. 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 incurred to date: $[________________________________] (and continuing to accrue), including:

• Emergency room treatment
• Hospitalization
• Surgery and surgical expenses
• Physician consultations and office visits
• Physical therapy and rehabilitation
• Diagnostic imaging (X-ray, MRI, CT scan)
• Prescription medications
• Medical devices and equipment
• Other: [________________________________]

☐ Future medical expenses reasonably anticipated: $[________________________________], including:

• Ongoing medical treatment
• Future surgeries
• Continued rehabilitation
• Long-term care
• Other: [________________________________]

☐ Past lost wages and income: $[________________________________]

☐ Future loss of earning capacity: $[________________________________]

☐ Property damage to Plaintiff's vehicle: $[________________________________]

☐ Out-of-pocket expenses (transportation, household services, etc.): $[________________________________]

B. Non-Economic Damages

☐ Past and future physical pain and suffering
☐ Past and future mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Disfigurement and scarring
☐ Physical disability and impairment
☐ Inconvenience
☐ Loss of consortium (claim by spouse, [________________________________])

47. Pursuant to Wyo. Stat. Ann. § 1-1-109, any damages shall be reduced only by Plaintiff's comparative fault percentage, if any.

48. Wyoming does not impose statutory caps on economic or noneconomic damages in automobile personal injury cases.

49. Plaintiff seeks pre-judgment and post-judgment interest as permitted by Wyoming law.

X. PRAYER FOR RELIEF

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

A. General and special damages in an amount to be determined by the trier of fact, including:

• Compensatory damages for past and future medical expenses, lost wages, and loss of earning capacity
• Compensatory damages for pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life
• Property damage

B. Pre-judgment and post-judgment interest as provided by Wyoming law;

C. Costs of suit pursuant to W.R.C.P. 54(d);

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

XI. JURY DEMAND

50. Pursuant to W.R.C.P. 38(b) and Wyoming Constitution, Article 1, Section 9, Plaintiff demands a trial by jury on all issues so triable.

XII. VERIFICATION AND W.R.C.P. 11 CERTIFICATION

51. I, [________________________________], counsel for Plaintiff, certify pursuant to W.R.C.P. 11 that to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

a. This Complaint is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
b. The claims and legal contentions herein are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
c. The factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery;
d. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

☐ Optional Plaintiff Verification:
I, [________________________________], Plaintiff, verify under penalty of perjury that the factual allegations in this Complaint are true and correct to the best of my knowledge, information, and belief.

Plaintiff Signature: _____________________________________________
Date: [__/__/____]

DATED: [__/__/____]

Respectfully submitted,

_____________________________________________

[________________________________]
Wyoming State Bar No. [________________________________]
[________________________________] (Law Firm)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
ATTORNEY FOR PLAINTIFF

XIII. CERTIFICATE OF SERVICE

52. I hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint for Damages was served upon the following by:

☐ U.S. First Class Mail, postage prepaid
☐ Personal service pursuant to W.R.C.P. 4
☐ Service by publication (where authorized)
☐ Electronic filing and service
☐ Other: [________________________________]

Served upon:

[________________________________]
[________________________________]
[________________________________]

_____________________________________________
[Attorney Name]

PRACTICE NOTES FOR WYOMING PRACTITIONERS

Comparative Fault (Wyo. Stat. Ann. § 1-1-109)

• Wyoming applies a modified comparative fault system with a 51% bar
• A plaintiff whose fault equals or exceeds 51% is completely barred from recovery
• If plaintiff's fault is less than 51%, recovery is reduced by plaintiff's percentage of fault
• Multiple defendants: each defendant's fault is compared individually

Statute of Limitations

• Personal injury: Four (4) years from the date of the accident (Wyo. Stat. Ann. § 1-3-105)
• Property damage: Four (4) years (Wyo. Stat. Ann. § 1-3-105)
• Wrongful death: Two (2) years (Wyo. Stat. Ann. § 1-38-102)

No Damage Caps

• Wyoming does not impose statutory caps on economic or noneconomic damages in auto accident personal injury cases
• Avoid pleading language suggesting any limitation

Key Procedural Notes

• W.R.C.P. 3: Actions commenced by filing complaint
• W.R.C.P. 4: Service of summons and complaint
• W.R.C.P. 38(b): Jury demand must be made within 10 days after service of the last pleading
• Wyoming is a notice-pleading state; the complaint need only contain a short and plain statement

Evidence Preservation

• Consider filing a preservation of evidence motion if vehicle data (event data recorder) or other perishable evidence is at risk
• Wyoming courts have authority to sanction spoliation of evidence

SOURCES AND REFERENCES

1. Wyo. Const. Art. 5, § 10 - District court jurisdiction
2. Wyo. Const. Art. 1, § 9 - Right to jury trial
3. Wyo. Stat. Ann. § 5-3-101 - District court original jurisdiction
4. Wyo. Stat. Ann. § 1-1-109 - Comparative fault (51% bar rule)
5. Wyo. Stat. Ann. § 1-3-105 - Statute of limitations (four years, personal injury)
6. Wyo. Stat. Ann. § 1-5-101 - Venue
7. Wyo. Stat. Ann. § 31-5-301 - Speed restrictions
8. Wyo. Stat. Ann. § 31-5-222 - Right-of-way at intersections
9. Wyo. Stat. Ann. § 31-5-233 - Following too closely
10. Wyo. Stat. Ann. § 31-5-235 - Driving under the influence
11. W.R.C.P. 3 - Commencement of civil actions
12. W.R.C.P. 8 - General rules of pleading
13. W.R.C.P. 11 - Signing and certification of pleadings
14. W.R.C.P. 38 - Right to jury trial; demand
15. W.R.C.P. 54(d) - Costs
16. Danculovich v. Brown, 593 P.2d 187 (Wyo. 1979) - Comparative fault application
17. Woodward v. Haney, 564 P.2d 844 (Wyo. 1977) - Duty of care in motor vehicle cases
18. Brown v. State, 738 P.2d 1092 (Wyo. 1987) - Negligence per se doctrine in Wyoming

This template is provided for informational and educational purposes only. It does not constitute legal advice. Wyoming 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.