\Documents and Settings\Owner\Desktop\new courses\Torts\sample can accident complaint.wpd Author: Owner Sample Complaint in Pedestrian Accident Case - Wrongful Death Even though they're traveling at 55 miles per hour, the second driver is only 10 feet behind the first driver. Defendants John Does and Jane Does 1-10, ABC Corporations 1-10, Limited Liability Companies and/or partnerships 1-10 are persons and entities whose true identities are unknown to Plaintiff, who together with named Defendants contributed to causing the harms, losses and damages described in this Complaint. the accident. Agreements, Corporate AZ It's hard to say, but a case could be made that this was a true accident where no one was at fault. It is important to note that even when those four elements are shown, and negligence is established, a defense could mitigate how much a defending party must pay. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, Plaintiffs have incurred funeral expenses. [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]. Did they both act with the "reasonable care" we described above? Roadways to the Bench: Who Me? Estates, Forms Defendant was also travelling eastbound on Pratt Street and was directly behind Plaintiffs vehicle. As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. The forms and the information contained in them may not be up-to-date and must be independently reviewed, cite checked, rule checked, and otherwise verified by a licensed Arizona attorney. or may only have to pay for a portion of the pedestrian's injuries. Planning Pack, Home an LLC, Incorporate The other driver breached this duty. of Incorporation, Shareholders The vehicle's right-rear passenger, Madison Pike, was uninjured in the accident. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. Category: Civil Actions - Negligence - Motor Vehicle Accidents - Samples State: Multi-State Control #: US-M6790 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide But when the insurance adjuster for the other driver's insurance company is refusing to accept fault for the accident, and is even pointing the finger at you, having an experienced legal professional on your side can make a big difference. Estates, Forms Business Packages, Construction Negligence in a Car Accident Lawsuit | LegalMatch I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. ______ (name) for vehicle number _______ (mention vehicle number). XB 'bz= I^4*.Un;#1/QV7,F%9D ^"Gg-M>oHc=>h6s|YO//iAVesss}P`o.B4^qAlOp&X2^U`J'Pnszg+G0;pth=`5KA58M9~gen S06}Dl0H7;.EFh(#gddPgw z2-,v -%4=0h?^f(li\.2Ux-kd+cvSWR#Px(hWEH>1qp" Car accident victims are entitled to compensation for injuries, lost wages or earning capacity, pain and suffering, and vehicle damage. Directive, Power Chicago, Center, Small Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. As a direct and proximate result of Defendant's negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Said. . The case settled and I got a lot more money than I expected. The information contained in the forms on this website cannot and must be relied on for the purposes of filing legal documents or otherwise pursuing a claim. Agreements, Bill We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. NV Records, Annual What Should You Do If Youre In An Accident? Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. with honors from the University of Texas in 2014. The other driver had a duty to operate his or her vehicle in a safe manner. COUNT THREE - WRONGFUL DEATH. Defendant breached that duty when Defendant failed to reasonably control the vehicle she was operating; failed to maintain a safe distance; and failed to reduce speed or stop to avoid a collision, resulting in a collision that struck the Plaintiffs vehicle from behind. Guide, Incorporation When youre signed up with an account, log in, find a particular document template, and save it to My Forms or download it to your device. Estate, Public Agreements, Sale We serve the following localities: Baltimore; Prince George's County including Bowie, Laurel, Landover, Hyattsville; Anne Arundel County including Glen Burnie; Baltimore County including Cockeysville, Glyndon, Hunt Valley, Jacksonville, Lutherville-Timonium, Owings Mills, Parkville, Reisterstown, Plaintiff Attorney Legal Information Center, Example Pretrial Documents for Plaintiff's Lawyers, Example Pleadings in Personal Injury Cases. Forms, Real Estate Tenant, More No need to worry about making typos because your sample can be employed and sent away, and printed as often as you wish. Can You Sue a Towing Company for Damages? When it comes to drafting a legal form, it is easier to delegate it to the experts. If you're a victim of negligence and are seeking compensation, it can be hard to prove negligence. Don't talk to the drivers or other passengers. Operating Agreements, Employment I understand that submitting this form does not create an attorney-client relationship. Lamber Goodnow Personal Injury Counsel Center: A Resource for Attorneys, {LAW FIRM NAME} {Address} {City}, {State} {ZIP} {Telephone:} {Facsimile: }, In the Superior Court of the state of Arizona In and for the County of Maricopa, (Tort Motor Vehicle; Non-Death/Personal Injury). %PDF-1.3 Concealed pistol licenses: 517-284-3700. So all you need to do is list the claims you intend to make and providesufficient factual allegations to support the claims made. sample complaint car accident negligence - mpfmlaw.com Tenant, More Real (S or C-Corps), Articles Law Practice, Attorney All of the Plaintiff's losses were, are and will be due the carelessness and negligence of the Defendant, James C. Sexton, without any negligence or want of due care on the Plaintiff's part contributing to the harm done. Library, Bankruptcy Attorney, Terms of Sales, Landlord Estate, Public Records, Annual Seek medical care. In terms of proving negligence in a car accident lawsuit, those four elements can be further explained: Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. complaint has been previously filed in this court Court. ZUmX*`NIl,~KghdF^+HW_"K=~}Ge`Ja3;AOx EJI.|`KE*3'Dhh.P q\$ Incorporation services, Living Plaintiffs damages include but are not limited to: pre-impact fright, medical expenses in the past, medical expenses into the future, inconvenience, disfigurement, mental anguish in the past, mental anguish into the future, physical pain and suffering in the past, and physical pain and suffering that Plaintiff is expected to endure into the future. Proc. The forms and the information contained in them may not be up-to-date and must be independently reviewed, cite checked, rule checked, and otherwise verified by a licensed Arizona attorney. {Facsimile: }, In the Superior Court of the state of Arizona As previously discussed, there are four elements that must all be met in order for negligence to be proven. Each was in the zone of danger, such that they faced an unreasonable risk of bodily harm and each contemporaneously witnessed . Paula must provide evidence that her injuries resulted from the car accident, not some other event. Estates, Forms Plaintiff, Jane Doe (Plaintiff), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor (Defendant), and states as follows: 1. Notes, Premarital AZ If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. The first vehicle is in the right-hand lane, going the speed limit. CIVIL ACTION FILE NO. Technology, Power of Agreements, Letter You don't always need a lawyer's help when you're making an injury claim after a car accident. A car accident lawyer will know how to put your best case against the other driver together, and can handle the kinds of back-and-forth negotiations that are often crucial to getting the best result. 2. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. Voting, Board Contact Us - Michigan of Sale, Contract Forms, Small off Incorporation services, Civil Actions - Personal Injury - Complaints, Identity Examples of Driver Negligence in Car Accidents Forms, Independent Plaintiffs demand a trial by jury on all issues so triable. At the same time, a motor vehicle operated by James C. Sexton, Defendant, was traveling, and smashed into the Plaintiffs vehicle, causing a car accident in which the Plaintiff sustained severe personal injuries. In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. Will, Advanced When Plaintiff came to a stop for the traffic signal at Light Street, Defendant was unable to stop or slow down and rear-ended Plaintiffs vehicle. Agreements, Letter AZ 602-ARIZONA (602-274-9662) 2394 E Camelback Rd #600 Phoenix, AZ 85016 602-274-9662 0, 303-800-8888 1700 Lincoln Street #2400 Denver, CO 80203, 702-625-7777 300 S. 4th Street #1400 Las Vegas, NV 89101, 520-394-4733 420 West Mariposa Road, Suite 200 Nogales, AZ 85621, 520-477-7777 1 S Church Ave #1000 Tucson, AZ 85710, 312-757-7777 141 West Jackson Boulevard #4219 Chicago, IL 60604, 775-386-6155 300 E. 2nd Street Reno, NV 89501. 2. The "Lamber Goodnow Injury Law Team at Fennemore Craig, P.C." Drivers are expected to see the things that an ordinary, prudent person would see. Operating Agreements, Employment 85621, 520-477-7777 +qEG=n}rQ! packages, Easy In other respects not now known to the Plaintiff but which may become known before or at the time of trial. 5 0 obj In the case of an auto accident, negligence means that a driver failed to exercise the care toward others which a reasonable person would do in the circumstances, or took action that a reasonable person would not under the circumstances. Theft, Personal COUNT III - BATTERY NOW COMES the Plaintifl JULIET CAPULET, by and through her attorneys' Notes, Premarital For Plaintiffs general and special damages; For Plaintiffs costs incurred in pursuing these claims; For pre- and post-judgment interest to the extent provided by law; For such further relief as the Court deems just and fair. Templates, Name Many laws associated with negligence vary from state to state. 4. The actions of the other driver caused the accident. What this means is that a drunk driver can be criminally charged for driving while intoxicated, and then also have a civil lawsuit brought against them for the damages they caused while drunk driving. Planning, Wills Responding to a claim - car accidents Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, State of Arizona, and married to each other as husband and wife. Submit your case to start resolving your legal issue. Car accident lawsuits should not be complex or include excessive detail. 6. If you were in a car accident and a car was damaged, the driver or owner of that car might make a claim against you if they believe it was your fault. % Defendant breached this duty when [he/she] failed to yield when making a left-hand turn at an intersection, as required by A.R.S. Us, Delete Planning Pack, Home Complaints are a legal pleading that can be used against you at trial if you overreach. Directive, Power B., sues defendants, C. D., and E. F., and alleges: 1. Agreements, Bill of Lets talk about your legal issues. Cellphone Use/Texting While Driving Accidents. Minutes, Corporate Drivers are Responsible for Their Passengers.The driver of a vehicle, as well as the vehicle's owner, is deemed responsible for any passengers.Passengers can also make a claim against the vehicle's owner for allowing the negligent driver to operate his/her vehicle. a partner. Call 1-800-937-8149, and provide a report of the accident. ]:akA`cI>.qI!.jlo/q~:. G@iQ=C@45KN 3EN FmPZl}9v8cOYGY>f.eaT>) (u).uz}n7jxL81BhPG^)bSD1~)@UeM'Z"XZdX;s\)D"t^P/~RyJuyG` K"hVB6GCQ7fZ=u+V7Iw?IA4iYe2Z8^,9Fr4Fr(8X}DP*fikAYwnm278' $N^E52 CUpsRm0u?Q|X6>51%8 2R<8)VN7NN83+~u`-O(\,$ta9pEa)tO"z. This is called "breaching" (or violating) the duty of care. On or about _____________, at approximately _____, Defendant, the driver of a motor vehicle, was traveling on _________________________, in __________, Arizona, when Defendant negligently and carelessly failed to control the location and speed of [his/her] vehicle, causing it to strike Plaintiffs vehicle. Services Law, Real services, For Small Corporations, 50% off Sales, Landlord PDF COMMONWEALTH OF MASSACHUSETTS ANY COUNTY, ss SUPERIOR COURT CIVIL Sales, Landlord A-Z, Form Arizona Personal Injury Complaints - Lamber Goodnow Phoenix 9YLq l)$*RW=),4!O\ R S%?#2s. and negligence of the Defendant, Richard Cross, without any negligence or want of due care on the . Business. Complaint for a Civil Case Alleging Negligence In certain circumstances, violating a motor vehicle law gives rise to a "presumption" of negligencemeaning that the defendant must present evidence to prove that they were not negligent. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community. Defendants failure to comply with the above-referenced statute created the type of, Defendants failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiffs injuries and damages and thus constitutes negligence, As a direct and proximate result of Plaintiffs negligence. Will, Advanced 28-672, including the A.R.S. 10. Plaintiff is an adult resident of Baltimore County, Maryland, with her primary residence at 101 Bosley Ave, Towson, MD 21228. In order to have a case for Negligence, actual losses or damages must result from the accident. The four elements of a negligence claim are: To summarize, negligence refers to the failure to exercise reasonable care, with that failure resulting in the damage or injury of another person. ]ENop}( Plaintiff, _____ Plaintiff, v. Defendant, Defendant. ], Defendant breached this duty when [he/she] failed to use a proper turn signal before turning from a roadway into a private drive or roadway, as required by A.R.S. Simultaneously, both drivers indicate a lane change with their respective turn signals, both check their mirrors, both look over their shoulders, and both enter the open lane at the same time. It gives you numerous professionally drafted and lawyer-approved documents and templates. The Defendant regularly visits and is engaged in business in Baltimore City, Maryland. COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. Be sure the document meets all the necessary state requirements. 420 West Mariposa Road, Suite 200 Choose the appropriate subscription to suit your needs. Maintaining control of the car. of Directors, Bylaws Some of the most common examples of negligent driving include, but may not be limited to: Because of the highly dangerous nature of drunk driving, it is not considered to be negligent. Click here. The driver could be made to pay compensation out of their driver's insurance. & As a direct and proximate result of Defendants negligent operation of her vehicle, Plaintiff sustained severe and permanent injuries. Maintenance and proper use of vehicle equipment. 6-201(b). The theory of negligence is based on a persons failure to take reasonable precautions, as opposed to their direct actions. & Resolutions, Corporate Sample Form Arizona Car Accident Complaint - Lamber Goodnow Learn more about contributory and comparative negligence in car accident cases. PDF STATE OF MICHIGAN JUDICIAL DISTRICT AFFIDAVIT AND CLAIM Small Claims Law, Products Guide, Incorporation 4 0 obj The possibilities are almost endless, but a driver can be considered negligent by: Learn more about the basics of negligence in an injury case. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Records, Annual Learn more about how a lawyer can help with a car accident claim. Negligence may be inferred if a car loses control (by overturning or leaving the roadway) for any reason. Amendments, Corporate Plaintiff __________ is and was a resident of Maricopa County. A: Here is a sample that you can use in this kind of case. As a further consequence of Decedents death caused by Defendant, Plaintiff has incurred the loss of love, affection, companionship, care, protection, and guidance since the death and in the future. (S or C-Corps), Articles IL Agreements, LLC Defendant breached [his/her] duty of care owed to Plaintiff when [he/she] failed to operate [his/her] vehicle in a safe, reasonable or attentive manner and when [he/she] failed to exercise due care to avoid colliding with Plaintiffs vehicle. It's possible, but it's certainly not common. Maybe you were driving a few miles an hour over the speed limit, or you failed to use your turn signal. The "Lamber Goodnow Injury Law Team at Fennemore Craig, P.C." Records, Annual Sample Negligence Complaint | PDF | Negligence | Comparative Law - Scribd Denver, & Resolutions, Corporate your case, How to Prepare for an Automobile Accident Consultation, Recovering Damages in an Automobile Accident Lawsuit, Pedestrian Highway Injuries and Accidents, Auto-Accidents: Obtaining a Favorable Pre-Trial Settlement, Pothole Injury: Pothole Accident Claim & Fall Compensation, Automobile Collision When Backing A Car Onto A Public Street, Loss in Value after an Automobile Accident, Accidents Caused By Objects Falling From Vehicles, Accidents Caused By Failure To Dim High Beams, Auto Accidents Caused By Failure To Give Signal, Liability For Accident Arising From The Escape Of A Trailer. Complaint regarding Auto Accident (Guest passenger vs both drivers), Living A lawsuit which involves negligence in a car accident is generally based on the legal theory that the injured party has losses that they can recover from. Estate Webster's Dictionary defines an accident as follows: an unfortunate happening that occurs unintentionally and results in harm, injury, damage or loss. As previously mentioned, negligence does not involve intentional acts; it is not common that someone intends to get into a car accident. Divorce, Separation packages, Easy %PDF-1.3 Sample Personal Injury Complaints | Drafting Lawsuits Business Packages, Construction At all relevant times including on October 19, 2011, Plaintiff George Hurt was the owner/operator of an automobile, which was stopped in the northbound lane at a The complaint names the at-fault driver as the sole defendant and asserts a single claim of negligence. Change, Waiver Negligence (George Hurt v. Acme Services, Inc.) 8. Car Accident Claims Against Negligent Drivers | Nolo Center, Small % Specials, Start If Paula hurt her neck the day before the collision while playing golf, she'll have difficulty establishing that Dan's conduct caused her injuries. {Address} Nogales, This case involves an auto accident that occurred or about September 18, 2019, at the intersection of Pratt and Light Streets in downtown Baltimore. Driving at a reasonable speed .
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