The Plaintiff repeats and realleges the preceding paragraphs of this Complaint and incorporates same herein. Center, Small Neither driver sees the other until they collide in a "sideswipe.". As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiff [husband/wife] suffered the death of [his/her husband/wife], married more than _____ years and experienced severe emotional distress due to Decedents death. The other driver breached this duty. 6. ______ (name) for vehicle number _______ (mention vehicle number). Minutes, Corporate & Resolutions, Corporate Agreements, Bill of Start here to find personal injury lawyers near you. packages, Easy There are four major parts that must be shown in order to recover a damages award for injuries sustained due to someones negligence. Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner. Let's look at some examples. Name Change, Buy/Sell Said. Amendments, Corporate As a direct and proximate result of Defendant's negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. Defendants negligence caused the death of Decedent. Duty of care. an LLC, Incorporate As a direct and proximate result of Defendants negligent operation of her vehicle, Plaintiff sustained severe and permanent injuries. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. {City}, {State} {ZIP} 9YLq l)$*RW=),4!O\ R S%?#2s. Concealed pistol licenses: 517-284-3700. G. Goodnow is licensed in Arizona, Colorado, Illinois, New York and Washington D.C. (inactive) only. Corporations, 50% Snap Spectacles: Smile Because You May Indeed Be On Camera, Dont Let Your Child Be The Invisible Kid This Halloween. COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. Name Change, Buy/Sell 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. (S or C-Corps), Articles an LLC, Incorporate 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. Technology, Power of % The actions of the other driver caused the accident. Criminal history records: 517-241-0606. & Estates, Corporate - services, For Small Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. However, it is possible to do so if you take the right steps to build your case. But, ultimately, your purpose is to meet the pleading requirements to state a viable claim. Law, About If you have been involved in a car accident and feel the other party was negligent, you should consult with an experienced and local car accident lawyer. 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. Drivers are expected to maintain their vehicles in safe working order. 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). AZ statutes contained therein, which resulted in death by moving violation. Notes, Premarital of Attorney, Personal 300 S. 4th Street #1400 off Incorporation services, Civil Actions - Negligence - Motor Vehicle Accidents - Samples, Identity (Her estate did not file a lawsuit for tactical reasons.) % A related question might be: Is it possible for a car crash to occur and truly be deemed an "accident," in the sense that no one involved was negligent? 28-754. Business Packages, Construction The Defendant regularly visits and is engaged in business in Baltimore City, Maryland. Plaintiff demands a trial by jury on all issues so triable. Complaint regarding Auto Accident for Negligence, Living Will, All If you have a question about a car accident case, please feel free to call us at 954-458-8655. Be sure the document meets all the necessary state requirements. of Business, Corporate Media Inquiries: 517-284-3222. 12. 300 E. 2nd Street 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). stream Reno, Choose a needed format if a number of options are available (e.g., PDF or Word). Will, All The negligent party may have their driver's license privileges temporarily suspended. You may have to pay the opposing party's attorney fees and costs in the event of a loss. Agreements, Letter K3~a?3Hv-?n^j3d0l~6*o*i$ab8nNy#iklK jk/G8&Yom@cp!R? Qg^mz~~z!]'2\ #]S 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 _____________, _____. The allegations set forth in the foregoing numbered paragraphs are incorporated herein. Center, Small ], 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. 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. How to fill out the Car accident complaint sample on the internet: To start the form, use the Fill camp; Sign Online button or tick the preview image of the blank. As previously discussed, there are four elements that must all be met in order for negligence to be proven. MAP will provide direction as to the repair of the vehicle. 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. medical records and bills related to treatment of car accident injuries, vehicle damage inspection reports and repair estimates, and. The possibilities are almost endless, but a driver can be considered negligent by: Learn more about the basics of negligence in an injury case. an LLC, Incorporate Change, Waiver Maintaining control of the car. Sales, Landlord 85621, 520-477-7777 packages, Easy Breach of duty. The drivers involved almost certainly never intend to end up in a crash. 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. 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law of Directors, Bylaws 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. : Mary Ann Johnson, Plaintiff, by Ronald V. Miller, Jr. and Miller & Zois, LLC, her attorneys, sues the defendant, James C. Sexton, and in support, states as follows: Plaintiff, Mary Ann Johnson realleges and incorporates by reference all those facts and allegations in paragraphs 1 through 6 above and further alleges: WHEREFORE, this Plaintiff claims ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in damages. 1 S Church Ave #1000 & Resolutions, Corporate In some circumstances, it might make sense to handle your car accident claim yourself. The theory of negligence is based on a persons failure to take reasonable precautions, as opposed to their direct actions. & Estates, Corporate - The attorney listings on this site are paid attorney advertising. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Forms, Small Nogales, Drivers have a duty to be alert and to maintain a careful lookout for other vehicles, pedestrians, and road hazards. of Incorporation, Shareholders Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Download PDF As amended through February 1, 2023 Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A. The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. It is pretty simple and it should be. Defendant breached [his/her] duty of care owed to Plaintiff when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Plaintiff was injured. Before You Sign a Release In Your Car Accident Claim, what to expect when meeting with a car accident lawyer, When You Are Liable for Another Person's Driving, Do Not Sell or Share My Personal Information, define negligence in the context of a car accident case, explain how to prove that a driver was negligent, discuss legal duties when it comes to safe driving, and. 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. 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 more serious or repeated offenses, their drivers license could be completely revoked. 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. %PDF-1.3 Estate, Last Proc. Can I claim compensation for whiplash if I was a passenger in a car accident? stream Minutes, Corporate AZ Phoenix, Everyone knows that accidents happen. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [children] suffered the death of their [father/mother] and experienced severe emotional distress due to the death of their beloved [father/mother]. and negligence of the Defendant, Richard Cross, without any negligence or want of due care on the . 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. Causation (cause in fact) Simply put, negligence is the legal theory allowing for injured parties to recover for the carelessness of others. <> Disclaimer: The information and forms on this site are for illustrative purposes only. Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. 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. This is a sample Complaint for a standard auto tort case in Maryland Circuit Court. Order Specials, Start 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. Specials, Start 602-ARIZONA (602-274-9662) Driving at a reasonable speed . 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 defendant was not careful. To generally initiate a valid car accident claim, there is a need to be able to demonstrate the following elements of negligence; That the other driver had a duty to operate his or her vehicle and conduct themselves appropriately on the road That the other driver has breached his or her duty in 2017 from the University of Houston Law Center and his B.A. 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. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known. 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. Category: New Jersey Civil Actions - Motor Vehicle Accidents - Complaints State: New Jersey Control #: NJ-KB-009 Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms 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. 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. Professional Standards Section (Internal Affairs): to file a complaint against or commend a department member. Responding to a claim. Nevertheless, that doesn't mean you yourself cant get a template to use. for Deed, Promissory You may have to pay the opposing party's attorney fees and costs in the event of a loss. (This may not be the same place you live). ], Defendant breached this duty when [he/she] failed to stop at a stop sign, as required by A.R.S. 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. For example, Paula is suing Dan, claiming that she suffered neck strain when Dan rear-ended her car. 85016 Will, Advanced The man is currently in the hospital and is in . Each of the fifteen counties in Arizona have their own threshold of the amount in controversy that is required not to qualify for compulsory arbitration. Templates, Name Real Estate, Last Choose the appropriate subscription to suit your needs. This sample complaint names the at-fault driver as the sole defendant and asserts one count for negligence. Mary Ann Johnson, the Plaintiff, is a resident of Maryland. Attorney, Terms of 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 Plaintiffs injuries and damages. Agreements, Sale Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. A: Here is a sample that you can use in this kind of case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 28-645. 1700 Lincoln Street #2400 Submit your case to start resolving your legal issue. Change, Waiver Vigilance and keeping a proper lookout. Jurisdiction and venue are proper as the events giving rise to Plaintiffs Complaint occurred in Maricopa County. But what exactly does this entail? Defendant breached this duty when [he/she] drove a vehicle in violation of A.R.S. 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. 141 West Jackson Boulevard #4219 Forms, Independent 0, 303-800-8888 Damages include costs such as: The negligent party may have their drivers license privileges temporarily suspended. Corporations, 50% off This is called "breaching" (or violating) the duty of care. Directive, Power Incorporation services, Living 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. 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. Corporations, 50% off It is important to note that both criminal and civil charges can be brought against the same defendant for the same incident. You can print the Illinois Complaint At Law regarding automobile accident template or fill it out making use of any web-based editor. Freedom of Information Act requests: 517-241-1934. Plaintiff was lawfully operating her vehicle eastbound on Pratt Street when she came to stop for a red light at the Light Street intersection. 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 LLC, Internet Change, Waiver You don't always need a lawyer's help when you're making an injury claim after a car accident. consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. In some states, the information on this website may be considered a lawyer referral service. of Incorporation, Shareholders Plaintiffs incorporates by reference all prior allegations contained in this Complaint. We promise to get back to you promptly. Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. 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. As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]. ], 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. Forms, Independent 9. Specials, Start Us, Delete 2. Call 1-800-937-8149, and provide a report of the accident. Planning, Wills That negligent driver is liable for damages by his/her reckless driving. Sale, Contract The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The amount of Plaintiffs damages qualifies this matter as a Tier [1, 2 or 3] case in accordance with Rule 8(b)(2) of the Arizona Rules of Civil Procedure. complaint has been previously filed in this court Court. 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. Agreements, Letter Sample Negligence complaint where driver 1 sues driver 2 after auto accident. Change, Waiver & Jud. The second driver is right behind. Check out US Legal Forms and access to above 85,000 state-specific legal and tax files. or may only have to pay for a portion of the pedestrian's injuries. Sample Certificate of Compulsory Arbitration In Arizona, when a lawsuit if filed in your personal injury action, you will also need to prepare and file a Certificate of Compulsory Arbitration. Estates, Forms 12. 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. Following Too Closely. Nevertheless, that doesn't mean you yourself can not get a template to use. an LLC, Incorporate Professionals at the Lamber Goodnow legal team are just a click or call away.