sample complaint car accident negligence

Law Practice, Attorney 6-201(b). Download Complaint regarding Auto Accident (Guest passenger vs both drivers) right from the US Legal Forms website. This lawsuit also has an additional count for wrongful death. Amendments, Corporate Property Law, Personal Injury Travis earned his J.D. Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Download PDF As amended through February 1, 2023 Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known. Through this letter, I would like to bring into your consideration that we have received a complaint about _______ (rash driving/ negligence/poor driving/any other) while driving in your name i.e. The complaint names the at-fault driver as the sole defendant and asserts a single claim of negligence. Center, Small Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, Arizona, and married to each other as husband and wife. The contact form sends information by non-encrypted email, which is not secure. Liens, Real Order Specials, Start The plaintiff suffered measurable losses. It is pretty simple and it should be. Planning Pack, Home Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. In some circumstances, it might make sense to handle your car accident claim yourself. 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. Estates, Forms An attorney will be best suited to helping you understand your states laws regarding negligence in a car accident, and can provide you with relevant legal advice. Following Too Closely. Handbook, DUI Handbook, DUI Sales, Landlord Some examples of car accident negligence include: 1. 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. ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private business or residential driveway onto a roadway, as required by A.R.S. statutes contained therein, which resulted in death by moving violation. 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. Divorce, Separation <> Records, Annual Freedom of Information Act requests: 517-241-1934. As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. services, For Small COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. Estate, Last consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. Plaintiff suffered physical trauma to her neck, back, and left knee and she was taken to University of Maryland Hospital in an ambulance. for Deed, Promissory 28-701(A). Cellphone Use/Texting While Driving Accidents. of Incorporation, Shareholders Las Vegas, A-Z, Form As a direct and proximate result of Defendants negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. Planning, Wills Defendants failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiffs injuries and damages and thus constitutes negligence per se. The drivers involved almost certainly never intend to end up in a crash. 89101, 520-394-4733 Disclaimer: The information and forms on this site are for illustrative purposes only. Voting, Board Start here to find personal injury lawyers near you. Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. Can I claim compensation for whiplash if I was a passenger in a car accident? Below is an example complaint in a car accident case. Contractors, Confidentiality 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. of Attorney, Personal 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. When it comes to drafting a legal form, it is easier to delegate it to the experts. Guide, Incorporation Plaintiffs incorporates by reference all prior allegations contained in this Complaint. Us, Delete The second driver is right behind. Defendant is an adult resident of Baltimore City, with her primary residence at 100 E. Pratt St, Baltimore, MD 21201. of Directors, Bylaws Amendments, Corporate Amendments, Corporate services, For Small Use this step-by-step instruction to fill out the Sample civil complaint for negligence quickly and with perfect precision. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community. The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Every case involves risk, including the risk of loss. View New Hampshire Petition for Estate Administration, View New Hampshire Affidavit of Counsel as to Propriety, View New Hampshire Affidavit of Nursing Home Administrator, View New Hampshire Certification of copies to parties, View New Hampshire Motion for Summary Administration. & Jud. & Resolutions, Corporate A few updates about the car crash that occurred sometime after 5:00 a.m. this morning, The driver of the van is a 61-year-old man from Eaton Rapids. 602-ARIZONA (602-274-9662) *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Forms, Independent For full access to 85,000 legal and tax forms, users just have to sign up and select a subscription. The driver could be made to pay compensation out of their driver's insurance. Will, All an LLC, Incorporate Criminal history records: 517-241-0606. Each state's motor vehicle laws govern how drivers are expected to behave on the road. Agreements, Bill of [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]. Center, Small Did Defendant was also travelling eastbound on Pratt Street and was directly behind Plaintiffs vehicle. NV Plaintiffs __________ is/are residents of Maricopa County, Arizona, and is the [husband, wife, child, parent, guardian or personal representative] of the deceased __________ Decedent. [He/she] brings this action on behalf of herself, other statutory beneficiaries [and/or] the estate pursuant to A.R.S. The other driver breached this duty. Change, Waiver A person is considered to be negligent if they were careless given the circumstances of the situation. Plaintiff, Jane Doe (Plaintiff), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor (Defendant), and states as follows: 1. Present However, the terms negligence and liability often get confused with one another. Matters outside of these jurisdictions are handled by Fennemore Craig, P.C., lawyers licensed in the relevant jurisdiction or by or with the assistance of attorneys at other associated, co-counsel law firms who are licensed in the relevant jurisdiction. Specials, Start Incorporation services, Living That negligent driver is liable for damages by his/her reckless driving. 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. The case settled and I got a lot more money than I expected. Download Complaint regarding Auto Accident for Negligence straight from the US Legal Forms website. '4ai|e9oF?nVg 49$U.|e~6m]t7Mm]^|z5g>zW^M3 m>f+]j7Zf50a8fwCVLNVIffnvipfYl_aWA ?Uz@xeyL@UM!{w7/.+[zRu*aX:TlqX`o/vv26v JS-zyK]oM4?n2wu@RewputzeOT-/&nB= &o>q;{LQZf5OD'P>#7 -ZuMZ049p-Mx=]$d{2\CAmO]l^8=5? Notes, Premarital (This may not be the same place you live). Firearms records: 517-241-1917. 28-856. At all relevant times, all Defendant owed Decedent a duty of care to drive prudently, safely and within the bounds of the law, including a duty to exercise reasonable care, reasonable and prudent under the circumstances, while driving a motor vehicle on a roadway including controlling the location and speed of the vehicle as necessary to avoid colliding with any object, person or vehicle. Plaintiffs damages include 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. COMPLAINT AND PRAYER FOR JURY TRIAL Neil Avadon, Plaintiff, by Ted Hoffman, his attorney, sues the defendant, Richard Cross, and in . But in many of these crash scenarios, one person's carelessness or negligence is deemed the cause of the accident. 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). Forms, Independent One example might be: Was either driver negligent? % Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. Copyright 1999-2023 LegalMatch. For example, if a pedestrian runs onto the road and is hit by a car, the driver might escape all liability. Under the theory of comparative negligence, if a driver is at fault for an accident, his or her settlement should be reduced by the percentage of fault assigned to that driver.In California, you can be 90% liable for the accident and still be eligible to receive 10% of your damages as compensation for your injuries. ], Defendant breached this duty when [he/she] failed to stop at a stop sign, as required by A.R.S. Divorce, Separation Estates, Forms Code Ann., Cts. Agreements, Sale Talk With Us Your Name Is: * Your Email Is: * Your Phone Number Is: * This sample complaint names the at-fault driver as the sole defendant and asserts one count for negligence. {City}, {State} {ZIP} Will, Advanced The vehicle's right-rear passenger, Madison Pike, was uninjured in the accident. Corporations, 50% ZUmX*`NIl,~KghdF^+HW_"K=~}Ge`Ja3;AOx EJI.|`KE*3'Dhh.P q\$ & Estates, Corporate - The "Lamber Goodnow Injury Law Team at Fennemore Craig, P.C." Estates, Forms for Deed, Promissory 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. LLC, Internet Business Packages, Construction What Should You Do If Youre In An Accident? Minutes, Corporate Don't talk to the drivers or other passengers. for Deed, Promissory 28-645. 85621, 520-477-7777 COUNT THREE - WRONGFUL DEATH. But what exactly does this entail? Business. The theory of negligence is based on a persons failure to take reasonable precautions, as opposed to their direct actions. 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. Otherwise, you could claim against someone else if someone else was clearly responsible. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 5 0 obj COUNT TWO - NEGLIGENCE PER SE Plaintiff incorporates by reference all prior allegations contained in this Complaint. +qEG=n}rQ! 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 Operating Agreements, Employment If you're confident that you can come away with a fair result, check out these articles to learn more about the car accident claim process: And for in-depth guide to navigating each phase of a car accident claim, get How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo). Forms, Independent Divorce, Separation Estates, Forms For full access to 85,000 legal and tax forms, customers simply have to sign up and choose a subscription. The action remains is no longer pending. By contrast, negligence as defined by most jurisdictions in the United States including California, is the lack of ordinary care or skill in the. of Business, Corporate 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? It's possible, but it's certainly not common. Obtain contact information. Login. Notes, Premarital CIVIL ACTION FILE NO. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. In and for the County of Maricopa, (Tort Motor Vehicle; Non-Death/Personal Injury). I understand that submitting this form does not create an attorney-client relationship. At all relevant times, Defendant owed a duty to comply with applicable statutes, regulations, and rules related to the safe operation of a motor vehicle in the State of Arizona including driving at safe and reasonable speeds, remaining alert and attentive, being able to control [his/her] vehicle and bring [his/her] vehicle to a safe and complete stop colliding with other vehicles and persons and not driving while intoxicated or impaired. WHEREFORE: Plaintiff demands judgment against Defendant in an amount in excess of $75,000.00, plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate. Depending on the circumstances, passengers in a car accident can file a claim with their driver's insurance company, the other driver's insurance provider, or their own personal insurer. 6. In the context of driving, thousands of crashes occur every day across the countryat stoplights, in intersections, in parking lots. Plaintiffs demand a trial by jury on all issues so triable. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. 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. Notes, Premarital Chicago, B., sues defendants, C. D., and E. F., and alleges: 1. of Attorney, Personal Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. If you have a question about a car accident case, please feel free to call us at 954-458-8655. Read more here. 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. To make things less difficult, we have provided an 8-step how-to guide for finding and downloading Complaint regarding Auto Accident (Guest passenger vs both drivers) promptly: After the Complaint regarding Auto Accident (Guest passenger vs both drivers) is downloaded it is possible to complete, print and sign it in any editor or by hand. Law, About Plaintiffs, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows: WHEREFORE, Plaintiffs requests that the Court enter judgment against Defendant as follows: DATED this ____ day of _____________, _____. 8. Negligence may also stem from an omission or failure to act. of Incorporation, Shareholders packages, Easy Law, Intellectual Do Not Sell or Share My Personal Information, the basics of negligence in an injury case, checklist of records to gather after a car accident, evidence that can help your car accident claim, contributory and comparative negligence in car accident cases, how a lawyer can help with a car accident claim. As a result of being struck from behind by Defendants vehicle, the back end of Plaintiffs car was crushed and her body was violently thrust forward into the steering wheel and dashboard. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Tenant, More Real Name Change, Buy/Sell A-Z, Form an LLC, Incorporate Cellphone Use/Texting While Driving Accidents. Templates, Name The first vehicle is in the right-hand lane, going the speed limit. Drivers have a duty to drive at a reasonable, prudent speed in light of the existing traffic, road, visibility, and weather conditions. This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries. It is pretty simple and it should be. Responding to a claim. OK2SAY : 855-565-2729. Agreements, LLC Spanish, Localized 2. & Resolutions, Corporate US Legal Forms Complaint regarding Auto Accident for Negligence Injury Lawyer The Forms Professionals Trust! You may have to pay the opposing party's attorney fees and costs in the event of a loss. A: Here is a sample that you can use in this kind of case. Click here. Liens, Real 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. complaint has been previously filed in this court Court. . AZ 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.