Trucking / Commercial Vehicle Accident Complaint

COMPLAINT FOR DAMAGES (COMMERCIAL TRUCK COLLISION) — DELAWARE

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

C.A. No.: [____________]

COMPLAINT FOR DAMAGES (COMMERCIAL TRUCK COLLISION)

Plaintiff [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, alleges against Defendants as follows:

1. PARTIES

1. Plaintiff is, and at all relevant times was, an individual residing at [STREET ADDRESS, CITY, COUNTY, STATE, ZIP], and was lawfully operating a [YEAR / MAKE / MODEL] motor vehicle.

2. Defendant [DEFENDANT DRIVER FULL LEGAL NAME] ("Defendant Driver") is, on information and belief, an individual domiciled at [ADDRESS] who, at all relevant times, held or was required to hold a commercial driver's license (CDL) and was operating the subject commercial motor vehicle (the "Tractor-Trailer").

3. Defendant [DEFENDANT MOTOR CARRIER FULL LEGAL NAME] ("Defendant Carrier") is, on information and belief, a [corporation / limited liability company] organized under the laws of [STATE] with its principal place of business at [ADDRESS], doing business as a motor carrier and holding USDOT No. [__________] and Motor Carrier (MC) No. [__________]. At all relevant times Defendant Carrier owned, leased, dispatched, controlled, and/or maintained the Tractor-Trailer and employed or contracted with Defendant Driver. Defendant Carrier may be served through its registered agent, [REGISTERED AGENT NAME AND ADDRESS].

2. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction under Del. Const. art. IV, § 7 and 10 Del. C. § 541 because all claims sound in tort and the amount in controversy exceeds the jurisdictional limit of the Court of Common Pleas.

5. This Court has personal jurisdiction over each Defendant because each Defendant resides in, is organized under the laws of, is authorized to do business in, and/or operated a commercial motor vehicle upon the roadways of the State of Delaware, causing the injuries alleged herein.

6. Venue is proper in this County because the Collision occurred in this County and/or one or more Defendants reside or conduct business here.

7. This action is timely commenced within the two-year limitations period prescribed by 10 Del. C. § 8119.

3. GENERAL FACTUAL ALLEGATIONS

8. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully and prudently operating his/her vehicle, traveling [DIRECTION] on [ROADWAY / HIGHWAY] at or near its intersection with [CROSS-STREET / LANDMARK / EXIT] in [CITY/COUNTY], Delaware (the "Collision").

9. At the same time and place, Defendant Driver was operating the Tractor-Trailer — a [tractor-trailer / semi / commercial motor vehicle] with a gross vehicle weight rating in excess of [10,001 / 26,001] pounds — in the course and scope of his/her employment or agency with Defendant Carrier and in furtherance of Defendant Carrier's business.

10. The Collision occurred when Defendant Driver [DESCRIBE MANNER — e.g., made an unsafe lane change into Plaintiff's lane; failed to stop and rear-ended Plaintiff's vehicle; made a wide right turn ("squeeze play") across Plaintiff's path; failed to yield; lost control of the trailer; jackknifed; ran a traffic control; was traveling at an unsafe speed for conditions; drifted from the travel lane due to fatigue], in violation of the Delaware Rules of the Road.

11. At all relevant times Plaintiff operated his/her vehicle in compliance with Delaware law and exercised due care, and did nothing to cause or contribute to the Collision.

12. As a direct and proximate result of the Collision, Plaintiff suffered severe, painful, and permanent bodily injuries, including but not limited to [DESCRIBE — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, disfigurement].

13. Because of the immense disparity in size, weight, and force between a loaded commercial truck and a passenger vehicle, the Collision caused Plaintiff to suffer injuries materially more severe than those typically sustained in a collision between two passenger vehicles.

14. Following the Collision, [the Delaware State Police / the [CITY] Police Department] responded and [cited Defendant Driver for violation of 21 Del. C. § [SECTION] / determined Defendant Driver to be at fault].

15. Plaintiff's losses exceed the minimum personal-injury-protection (PIP) benefits required by 21 Del. C. § 2118, thereby permitting this tort action for noneconomic damages and additional economic damages.

4. COUNT I — NEGLIGENCE

(Against Defendant Driver)

16. Plaintiff realleges and incorporates by reference Paragraphs 1 through 15 as though fully set forth herein.

17. Defendant Driver owed Plaintiff a duty to exercise the heightened degree of care required of a professional commercial driver, including the duties to obey the Delaware Rules of the Road, to keep a proper lookout, to maintain control of the Tractor-Trailer, to drive at a safe and prudent speed, to maintain a safe following distance and space cushion, to inspect the vehicle before operation, and to refrain from driving while fatigued, distracted, or impaired.

18. Defendant Driver breached these duties by, among other things: (a) failing to keep a proper lookout and maintain control; (b) making an unsafe lane change or turning movement (21 Del. C. § 4122); (c) following too closely (21 Del. C. § 4123); (d) operating at a speed greater than was reasonable and prudent (21 Del. C. § 4168); (e) failing to yield (21 Del. C. §§ 4131, 4132); (f) driving while fatigued and/or beyond permitted hours of service; (g) driving while distracted, inattentive, or impaired; and (h) failing to perform an adequate pre-trip inspection.

19. Defendant Driver's breaches were the direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

20. As a direct and proximate result, Plaintiff has sustained and will continue to sustain the damages described in Count VI below, in an amount exceeding the jurisdictional threshold of this Court, exclusive of interest and costs.

5. COUNT II — VICARIOUS LIABILITY / RESPONDEAT SUPERIOR

(Against Defendant Carrier)

21. Plaintiff realleges and incorporates by reference Paragraphs 1 through 20 as though fully set forth herein.

22. At the time of the Collision, Defendant Driver was the employee, agent, statutory employee, and/or borrowed servant of Defendant Carrier and was operating the Tractor-Trailer within the course and scope of that employment or agency and in furtherance of Defendant Carrier's business.

23. Under the doctrine of respondeat superior, Defendant Carrier is liable for the negligence of Defendant Driver alleged herein.

24. Independently, as a federally regulated motor carrier, Defendant Carrier is responsible for the operation of the Tractor-Trailer and may not delegate away its nondelegable safety duties under 49 C.F.R. Part 390 (as adopted by 21 Del. C. § 4702); any lease or owner-operator arrangement does not relieve Defendant Carrier of liability.

6. COUNT III — NEGLIGENT HIRING, TRAINING, SUPERVISION, RETENTION & ENTRUSTMENT

(Against Defendant Carrier)

25. Plaintiff realleges and incorporates by reference Paragraphs 1 through 24 as though fully set forth herein.

26. Defendant Carrier owed Plaintiff and the motoring public an independent duty to use reasonable care to hire, qualify, train, supervise, and retain competent and safe drivers, and to entrust its commercial vehicles only to drivers it knew or should have known were qualified, competent, and fit.

27. Defendant Carrier breached these duties by, among other things:

• Hiring and retaining Defendant Driver despite a record or indicators of incompetence, unfitness, prior collisions, moving violations, hours-of-service violations, or substance abuse that a reasonable carrier would have discovered through the investigation required by 49 C.F.R. § 391.23;
• Failing to obtain, verify, and maintain a complete driver qualification (DQ) file under 49 C.F.R. §§ 391.51 and 391.21;
• Failing to adequately train and supervise Defendant Driver in safe commercial-vehicle operation, hours-of-service compliance, and fatigue management;
• Failing to enforce hours-of-service limits and to monitor Defendant Driver's logs and electronic logging device (ELD) records;
• Failing to implement and enforce a compliant drug- and alcohol-testing program under 49 C.F.R. Part 382; and
• Entrusting the Tractor-Trailer to Defendant Driver when Defendant Carrier knew or should have known he/she was likely to operate it in a dangerous manner.

28. Defendant Carrier's negligence in these respects was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

7. COUNT IV — NEGLIGENT MAINTENANCE

(Against Defendant Carrier)

29. Plaintiff realleges and incorporates by reference Paragraphs 1 through 28 as though fully set forth herein.

30. Defendant Carrier owed a duty to systematically inspect, repair, and maintain the Tractor-Trailer in safe operating condition — including its brakes, tires, lighting, steering, coupling devices, and load-securement systems — in accordance with 49 C.F.R. Part 396 as adopted by 21 Del. C. § 4702.

31. Defendant Carrier breached this duty by failing to inspect, repair, and maintain the Tractor-Trailer; by permitting it to be operated with defective or out-of-service conditions; and by failing to maintain accurate maintenance and inspection records.

32. Defendant Carrier's negligent maintenance was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages.

8. COUNT V — NEGLIGENCE PER SE (FEDERAL MOTOR CARRIER SAFETY REGULATIONS)

(Against All Defendants)

33. Plaintiff realleges and incorporates by reference Paragraphs 1 through 32 as though fully set forth herein.

34. The Federal Motor Carrier Safety Regulations (FMCSR), 49 C.F.R. Parts 382–397, govern the operation of commercial motor vehicles and motor carriers. Delaware adopts these regulations as the laws of the State governing motor carrier safety through 21 Del. C. ch. 47, § 4702, which adopts 49 C.F.R. Parts 374, 385, 386, 387, 390, 391, 392, 393, 395, 396, and 397, as amended.

35. At the time of the Collision, Defendant Driver and/or Defendant Carrier violated one or more provisions of the FMCSR enacted to protect the class of persons that includes Plaintiff against the type of harm Plaintiff suffered, including but not limited to:

• 49 C.F.R. Part 395 — hours of service; driving while fatigued or beyond permitted driving/on-duty limits; false, incomplete, or non-compliant records of duty status or ELD records;
• 49 C.F.R. Part 391 — driver qualification and CDL standards (as amended by Delaware in 21 Del. C. § 4704); permitting an unqualified or medically unfit driver to operate the vehicle;
• 49 C.F.R. Part 382 — controlled-substances and alcohol use and testing, including post-accident testing;
• 49 C.F.R. Part 396 — inspection, repair, and maintenance; operating a vehicle in a known unsafe or out-of-service condition;
• 49 C.F.R. Part 392 — driving of commercial motor vehicles, including the prohibition on operating while ill, fatigued, or impaired; and
• [OTHER FMCSR PROVISION OR DELAWARE MOTOR-VEHICLE STATUTE APPLICABLE].

36. Plaintiff is within the class of persons these regulations and statutes were designed to protect, and the Collision and Plaintiff's injuries are the type of harm they were designed to prevent.

37. Defendants' violations constitute negligence per se under Delaware law and were a direct and proximate cause of Plaintiff's injuries and damages.

9. COUNT VI — DAMAGES

38. As a direct and proximate result of Defendants' conduct, Plaintiff seeks all damages recoverable under Delaware law, including:

• a. Past and future medical and related expenses — hospital, surgical, physician, ambulance, rehabilitative, pharmaceutical, and assistive-device costs;
• b. Future care — anticipated surgeries, attendant care, physical therapy, and life-care needs;
• c. Lost wages and diminished earning capacity — past and future;
• d. Pain, suffering, mental anguish, disability, and loss of enjoyment of life — past and future;
• e. Permanent injury, scarring, and disfigurement;
• f. Property damage — including diminution in value and loss of use;
• g. Prejudgment and postjudgment interest as allowed by law; and
• h. Court costs and allowable litigation expenses.

10. SPOLIATION / EVIDENCE-PRESERVATION DEMAND

39. Plaintiff hereby demands that Defendants, and each of them, immediately preserve and not alter, destroy, overwrite, discard, or allow to be lost the following categories of evidence, the loss of which would prejudice Plaintiff and may give rise to sanctions, including an adverse-inference instruction:

• The electronic logging device (ELD) and all hours-of-service records, records of duty status, and supporting documents (49 C.F.R. Parts 395, 396);
• The engine control module (ECM) / event data recorder ("black box") and all telematics, GPS, and onboard-camera data from the Tractor-Trailer;
• Driver logs, trip reports, fuel and toll receipts, bills of lading, dispatch and communication records, and the driver's cellular-telephone records;
• The complete driver qualification (DQ) file, employment application, driving record, road-test and certification records, and prior-employer safety-performance inquiries (49 C.F.R. Part 391);
• All maintenance, inspection, and repair records, including driver vehicle inspection reports (DVIRs) (49 C.F.R. Part 396);
• The results of any post-accident drug and alcohol testing of Defendant Driver and the carrier's testing-program records (49 C.F.R. Part 382); and
• The Tractor-Trailer and trailer themselves, in their post-Collision condition, for joint inspection and download.

40. This demand is a continuing one. Defendants are on notice that the foregoing evidence is relevant to this action and must be preserved pending discovery.

11. COMPARATIVE-FAULT NOTE

41. Delaware follows a modified comparative-negligence regime. To the extent any Defendant contends Plaintiff was comparatively at fault, any such negligence shall diminish Plaintiff's recovery in proportion to such percentage but shall not bar recovery unless Plaintiff's negligence was greater than the negligence of the Defendant or the combined negligence of all Defendants against whom recovery is sought (10 Del. C. § 8132). Plaintiff exercised due care and was not more than fifty percent (50%) responsible for the Collision.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally to the extent permitted by law, as follows:

1. Awarding compensatory damages in an amount to be determined at trial;
2. Awarding punitive damages where warranted by the evidence;
3. Awarding prejudgment and postjudgment interest;
4. Awarding costs of suit and allowable litigation expenses; and
5. Granting such other and further relief as the Court deems just and proper.

13. JURY DEMAND

Pursuant to Del. Const. art. I, § 4 and Del. Super. Ct. Civ. R. 38, Plaintiff demands a trial by jury on all issues so triable.

14. ATTORNEY CERTIFICATION (Del. Super. Ct. Civ. R. 11)

The undersigned counsel certifies that this pleading is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose, in accordance with Del. Super. Ct. Civ. R. 11.

15. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]

[ATTORNEY NAME] (Bar I.D. No. [____])

[LAW FIRM NAME]

[STREET ADDRESS] | [CITY, DE ZIP]

Telephone: [(___) ___-____] | Email: [____________]

Attorney for Plaintiff

Dated: [__/__/____]

16. SOURCES AND REFERENCES

• 10 Del. C. § 8119 (two-year limitations — personal injuries) — https://delcode.delaware.gov/
• 10 Del. C. § 8132 (comparative negligence — modified, 51% bar)
• 10 Del. C. § 541 (Superior Court civil jurisdiction)
• 21 Del. C. ch. 47, § 4701 (motor carrier safety purpose); § 4702 (adoption of 49 C.F.R. Parts 374, 385, 386, 387, 390, 391, 392, 393, 395, 396, 397); § 4704 (Delaware amendments to 49 C.F.R. Part 391) — https://delcode.delaware.gov/title21/c047/
• 21 Del. C. § 4122 (laned roadways); § 4123 (following too closely); § 4131/§ 4132 (right-of-way); § 4168 (speed); § 2118 (PIP / no-fault)
• 49 C.F.R. Part 382 (controlled substances/alcohol testing); Part 391 (driver qualification / CDL); Part 392 (driving of CMVs); Part 395 (hours of service); Part 396 (inspection, repair, and maintenance); Part 390 (general; nondelegable carrier duties) — https://www.ecfr.gov/current/title-49
• Del. Super. Ct. Civ. R. 4 (service), 8 (pleading), 11 (certification), 38 (jury demand)

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