Technology, Power of If you've suffered a whiplash injury in a car accident, whether you were a passenger or a driver, and someone else was at fault, you could be entitled to claim compensation. (Ii9p.Ss:P$M3'HHk:sgJBGB@*(P.Ct=s>*q2}3{r*krLbK@J9*8 K/pFG9l$9QMe BK .kAF=R#'j:9d~R Forms, Small LLC, Internet Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner. {City}, {State} {ZIP} for Deed, Promissory Negligence (George Hurt v. Acme Services, Inc.) 8. 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. 28-693. Can I claim compensation for whiplash if I was a passenger in a car accident? 5. This case involves an auto accident that occurred or about September 18, 2019, at the intersection of Pratt and Light Streets in downtown Baltimore. 0, 303-800-8888 9. Name Change, Buy/Sell Directive, Power 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. 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. Defenses to Negligence In a Car Accident Case 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. Agreements, Corporate Jurisdiction and venue are proper as the events giving rise to Plaintiffs Complaint occurred in Maricopa County. of Directors, Bylaws Divorce, Separation Causation (cause in fact) LegalMatch, Market 6. Technology, Power of The drivers involved almost certainly never intend to end up in a crash. Directive, Power You may have to pay the opposing party's attorney fees and costs in the event of a loss. Estate, Public Is There a Car Accident Settlement Formula? Contractors, Confidentiality of Attorney, Personal If they are insured, their insurer may contact you. In some circumstances, it might make sense to handle your car accident claim yourself. Notes, Premarital There are four major parts that must be shown in order to recover a damages award for injuries sustained due to someones negligence. & Resolutions, Corporate M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. The theory of negligence is based on a persons failure to take reasonable precautions, as opposed to their direct actions. Agreements, Corporate Amendments, Corporate 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. The action remains is no longer pending. Guide, Incorporation Spanish, Localized Proximate cause. Order Specials, Start This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Agreements, Letter Voting, Board ]!'lvP[oSwv3Y3"W Vigilance and keeping a proper lookout. To make things much easier, weve incorporated an 8-step how-to guide for finding and downloading Complaint regarding Auto Accident for Negligence fast: After the Complaint regarding Auto Accident for Negligence is downloaded you may fill out, print out and sign it in almost any editor or by hand. Will, Advanced COMPLAINT AND PRAYER FOR JURY TRIAL Neil Avadon, Plaintiff, by Ted Hoffman, his attorney, sues the defendant, Richard Cross, and in . Car accident lawsuits should not be complex or include excessive detail. Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. Estate, Public As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, Plaintiffs have incurred funeral expenses. of Business, Corporate Contractors, Confidentiality Make confident the form meets all the necessary state requirements. The driver could be made to pay compensation out of their driver's insurance. Divorce, Separation 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. Examples of conduct that may give rise to a presumption of negligence include: driving under the influence of drugs or alcohol violating right-of-way rules, including a pedestrian's right of way, and driving on the wrong side of the road. Minutes, Corporate Learn more about what to expect when meeting with a car accident lawyer. Check out US Legal Forms and access to above 85,000 state-specific legal and tax files. COUNT III - BATTERY NOW COMES the Plaintifl JULIET CAPULET, by and through her attorneys' Plaintiff, Jane Doe (Plaintiff), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor (Defendant), and states as follows: 1. Call 1-800-937-8149, and provide a report of the accident. C ase No. 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" << /Length 5 0 R /Filter /FlateDecode >> Defendant's negligence caused the death of Decedent. Real Estate, Last 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. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. 1 S Church Ave #1000 Learn more about how a lawyer can help with a car accident claim. Firearms records: 517-241-1917. The defendant was not careful. 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. Seek medical care. xXrFSXBz2FeIM$ct}c0S2Q|3ib3.o'>e3UIy jbi&mj$Lw;9>3L?&icw$8vG>/} Qnmo}7xUTU52 6-201(b). (This may not be the same place you live). If the defendant's behavior falls short of how a reasonable person would have acted under the same circumstances, the defendant has violated the duty of reasonable care. And in the eyes of the law, that negligent person is seen as legally responsible for the crash, and financially responsible for all resulting harm experienced by others, including injuries and vehicle damage. Will, All Operating Agreements, Employment Rather, it has its own category of laws. Let's look at some examples. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. Operating Agreements, Employment Be sure the document meets all the necessary state requirements. & Estates, Corporate - 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. 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 violently strike Decedents vehicle resulting in [his/her] personal injuries and eventual death, and causing harms, losses and damages to the Plaintiffs and/or each interested party Plaintiff represents. Sure, a complaint must describe the factual basis for the suit with some degree of factual specificity. A-Z, Form ______ (name) for vehicle number _______ (mention vehicle number). Agreements, Bill Said. Library, Bankruptcy We recommend and urge you to consult with an experienced accident lawyer for professional advice as each case is unique. Estates, Forms Complaints are a legal pleading that can be used against you at trial if you overreach. COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. %PDF-1.3 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. The possibilities are almost endless, but a driver can be considered negligent by: Learn more about the basics of negligence in an injury case. Corporations, 50% off Voting, Board %PDF-1.3 All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant, and were incurred without contributory negligence or assumption of the risk on the part of Plaintiff. In more serious or repeated offenses, their drivers license could be completely revoked. As a further consequence of Decedents death caused by Defendant, Plaintiff incurred expenses for funeral and burial, medical care and services for the injury that resulted in death, lost wages, loss of earning capacity, and counseling for [him/her] and [his/her] other immediate family members. The allegations set forth in the foregoing numbered paragraphs are incorporated herein. Center, Small Estates, Forms packages, Easy (S or C-Corps), Articles Law, Products One example might be: Was either driver negligent? The Defendant's negligence was the proximate cause of Plaintiffs injuries. Operating Agreements, Employment Plaintiffs incorporates by reference all prior allegations contained in this Complaint. Each was in the zone of danger, such that they faced an unreasonable risk of bodily harm and each contemporaneously witnessed . Every case involves risk, including the risk of loss. 141 West Jackson Boulevard #4219 The law requires drivers to use reasonable caution in all facets of vehicle operation, so this one is a given. 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. (Her estate did not file a lawsuit for tactical reasons.) Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. Drivers are expected to maintain their vehicles in safe working order. Click here. Center, Small Maintaining control of the car. US Legal Forms Complaint regarding Auto Accident for Negligence Injury Lawyer The Forms Professionals Trust! The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. 1700 Lincoln Street #2400 ], 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. of Attorney, Personal Name Change, Buy/Sell As previously discussed, there are four elements that must all be met in order for negligence to be proven. 7. Don't talk to the drivers or other passengers. I understand that submitting this form does not create an attorney-client relationship. Drivers are expected to see the things that an ordinary, prudent person would see. Cellphone Use/Texting While Driving Accidents. Agreements, Bill of For full access to 85,000 legal and tax forms, users just have to sign up and select a subscription. A passenger in a car accident is usually covered by the at-fault driver's bodily injury liability insurance and PIP. Complaint regarding Auto Accident for Negligence, Living A: Here is a sample that you can use in this kind of case. Proc. 300 S. 4th Street #1400 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. Defendants negligence caused the death of Decedent. proof of time missed at work/records detailing lost income. 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? By contrast, negligence as defined by most jurisdictions in the United States including California, is the lack of ordinary care or skill in the. 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. 28-645. Failure to do so can constitute negligence. Cellphone Use/Texting While Driving Accidents. Both are public roads in Maryland. Read more here. If a driver is not reasonably careful, and someone is harmed as a result, the driver (and the driver's car insurance carrier) can be financially liable for that person's injuries and other losses ("damages" in the language of the law). Results turn on, among other things, the facts and law applicable to each unique case. Select a needed format if a few options are available (e.g., PDF or Word). Minutes, Corporate Center, Small I am so grateful that I was lucky to pick Miller & Zois. Baltimore City is both the location of the accident and Defendants residence and is, therefore, the appropriate venue for this case pursuant to Md. Theft, Personal Code Ann., Cts. Lets talk about your legal issues. The other driver breached this duty. Us, Delete Denver, ZUmX*`NIl,~KghdF^+HW_"K=~}Ge`Ja3;AOx EJI.|`KE*3'Dhh.P q\$ Sales, Landlord Car accident lawsuits should not be complex or include excessive detail. 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. It provides a wide variety of professionally drafted and lawyer-approved forms and templates. The plaintiff suffered measurable losses. 300 E. 2nd Street AZ Business Packages, Construction {Address} an LLC, Incorporate (Use a or b) a. The actions of the other driver caused the accident. 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. Specials, Start The first vehicle is in the right-hand lane, going the speed limit. It is pretty simple and it should be. That's what makes them accidents, after all (as opposed to intentional conduct). 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. As a consequence of Decedent's death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced . of Sale, Contract They may send you a letter of demand, phone you, or send you an email or sms. An experienced personal injury attorney will also be able to represent you in court, as needed, and can work towards a suitable damages award. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. A person is considered to be negligent if they were careless given the circumstances of the situation. Phoenix, 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. & Estates, Corporate - Sample Complaints; Legal Resource Center; Get In Touch. 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. Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. Forms, Independent A Bankruptcy or Magistrate Judge? off Incorporation services, Civil Actions - Negligence - Motor Vehicle Accidents - Samples, Identity Professionals at the Lamber Goodnow legal team are just a click or call away. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 28-672, including the A.R.S. Criminal history records: 517-241-0606. Start here to find personal injury lawyers near you. Contractors, Confidentiality Records, Annual New Jersey Complaint Auto Negligence and Property Damage Sample Complaint For Property Damage The Forms Professionals Trust! Will, All Liens, Real 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. Drivers have a duty to drive at a reasonable, prudent speed in light of the existing traffic, road, visibility, and weather conditions. Disclaimer: The information and forms on this site are for illustrative purposes only. In order to succeed in a car accident lawsuit based on negligence, it must be legally proven that the other party involved in the accident was indeed at fault. 3. services, For Small This is an action for damages that (insert jurisdictional amount). 80203, 702-625-7777 Agreements, Sale They quite literally worked as hard as if not harder than the doctors to save our lives. 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. in 2017 from the University of Houston Law Center and his B.A. Estate, Last 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. 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. Login. ], 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. 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.