Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. As long as the other driver's share of fault is greater than yours, your optionsand your chances of recovering at least some compensationusually won't change. Negligence in a Car Accident Lawsuit | LegalMatch That's what makes them accidents, after all (as opposed to intentional conduct). Damages include costs such as: Hospital bills; Mechanic repair fees; and Lost wages. As previously mentioned, negligence does not involve intentional acts; it is not common that someone intends to get into a car accident. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. Order Specials, Start services, For Small Lets talk about your legal issues. Results turn on, among other things, the facts and law applicable to each unique case. The allegations set forth in the foregoing numbered paragraphs are incorporated herein. 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. Sale, Contract Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT - Casetext ], Defendant breached this duty when [he/she] failed to yield when making a turn from a private roadway or driveway onto a highway, as required by A.R.S. The action remains is no longer pending. Center, Small PDF STATE OF MICHIGAN JUDICIAL DISTRICT AFFIDAVIT AND CLAIM Small Claims Maintenance and proper use of vehicle equipment. Sample Auto Accident Complaint Below is an example complaint in a car accident case. Planning Pack, Home As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. Business Packages, Construction Directive, Power Sale, Contract Us, Delete xXrFSXBz2FeIM$ct}c0S2Q|3ib3.o'>e3UIy jbi&mj$Lw;9>3L?&icw$8vG>/} Qnmo}7xUTU52 Forms, Real Estate Criminal history records: 517-241-0606. & Resolutions, Corporate As a consequence of Decedent's death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced . Business Packages, Construction But, ultimately, your purpose is to meet the pleading requirements to state a viable claim. 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 This is called "breaching" (or violating) the duty of care. *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Use this step-by-step instruction to fill out the Sample civil complaint for negligence quickly and with perfect precision. As a direct and proximate result of the negligence and carelessness of the Defendant, the Plaintiff: suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotional distress, loss of the capacity for the enjoyment of life; was, is and will be required to undergo medical treatment and to incur medical costs and expenses to alleviate injuries, pain and suffering; was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; and, otherwise was hurt, injured and caused to sustain losses. Both are public roads in Maryland. The collision was caused by the recklessness, carelessness and negligence of the Defendant, James C. Sexton, for that among other acts and omissions the Defendant: operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; failed to reduce speed to avoid a collision; failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicle; failed to keep a proper lookout for other vehicles lawfully upon the highway; failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing; and. Defendant breached this duty when [he/she] drove a vehicle in violation of A.R.S. doing something that they should not have done (for example, running a red light or speeding), or, entering an intersection after the traffic signal has already changed to red, failing to use a turn signal when approaching an intersection, then making a left or right turn rather than proceeding straight, following another vehicle too closely in stop-and-go traffic, and being unable to avoid a, using a phone, eating, or engaging in other. Agreements, LLC 2394 E Camelback Rd #600 statutes contained therein, which resulted in death by moving violation. Complaint for Damages - 2 - the pertinent Rules of the Road for the State of Georgia. Results turn on, among other things, the facts and law applicable to each unique case. A Bankruptcy or Magistrate Judge? Plaintiff suffered physical trauma to her neck, back, and left knee and she was taken to University of Maryland Hospital in an ambulance. Law, Immigration Corporations, 50% Jurisdiction and venue are proper as the events giving rise to Plaintiffs Complaint occurred in Maricopa County, Arizona and the amount in controversy exceeds the minimal jurisdictional requirements of this Court. Examples of conduct expected of a reasonable driver include: The defendant's conduct caused your injuries. {Telephone:} The accident directly caused injuries or monetary losses. Vigilance and keeping a proper lookout. 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. The driver could be made to pay compensation out of their driver's insurance. Divorce, Separation Amendments, Corporate Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. (This may not be the same place you live). Obtain contact information. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Forms, Real Estate complaint has been previously filed in this court Court. 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" Planning, Wills What Should You Do If Youre In An Accident? Will, All Records, Annual I have knowledge or belief about all the facts stated in this affidavit and I am the plaintiff or his/her guardian, conservator, or next friend. 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. Neither driver sees the other until they collide in a "sideswipe.". 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. As a direct and proximate result of Defendant's negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. for Deed, Promissory Forms, Independent The negligent party may have their driver's license privileges temporarily suspended. Reno, Plaintiff incorporates by reference all prior allegations contained in this Complaint. 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. A-Z, Form 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. Choose the appropriate subscription to suit your needs. ], Defendant breached this duty when [he/she] failed to stop at a red light, as required by A.R.S. \Documents and Settings\Owner\Desktop\new courses\Torts\sample can accident complaint.wpd Author: Owner Liens, Real 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. x]}1^&! G. Goodnow is licensed in Arizona, Colorado, Illinois, New York and Washington D.C. (inactive) only. Disclaimer: The information and forms on this site are for illustrative purposes only. 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. and Towson; Carroll County including Westminster; Frederick County including Frederick; Harford County including Abingdon, Bel Air, Belcamp, and Forest Hill; Montgomery County including Germantown and Rockville; Howard County including Ellicott City and Columbia, Washington, D.C. and Washington County including Hagerstown. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. Las Vegas, Will, Advanced The last case I referred to them settled for $1.2 million. Can You Sue a Towing Company for Damages? This document is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon for any car accident matter. 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. NV Corporations, 50% off

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