Jurisdiction and venue are proper as the events giving rise to Plaintiffs Complaint occurred in Maricopa County. The Defendant's negligence was the proximate cause of Plaintiffs injuries. 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. Defendant's negligence caused the death of Decedent. Minutes, Corporate *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Breach of duty. 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. 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. & Resolutions, Corporate This is called "breaching" (or violating) the duty of care. 2. (Ii9p.Ss:P$M3'HHk:sgJBGB@*(P.Ct=s>*q2}3{r*krLbK@J9*8 K/pFG9l$9QMe BK .kAF=R#'j:9d~R A passenger in a car accident is usually covered by the at-fault driver's bodily injury liability insurance and PIP. Login. Amendments, Corporate Will, All %PDF-1.3 CO A freeway driving situation in which two drivers are traveling at the speed limit with an open lane between them. <> As a consequence of Decedent's death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced . M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. Minutes, Corporate It's possible, but it's certainly not common. Liens, Real 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. 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). 60604, 775-386-6155 of Incorporation, Shareholders 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. Get professionally drafted state-relevant documents in a matter of seconds in a preferable format with US Legal Forms! In a car accident lawsuit, if you're the plaintiff, you need to be able to establish all of the following: The law required the defendant to be reasonably careful. 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. of Directors, Bylaws Records, Annual of Incorporation, Shareholders Professional Standards Section (Internal Affairs): to file a complaint against or commend a department member. A person is considered to be negligent if they were careless given the circumstances of the situation. 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. 12-612. Agreements, LLC 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 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 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. Some examples of car accident negligence include: 1. Planning Pack, Home The negligent party may have their driver's license privileges temporarily suspended. A-Z, Form Denver, of Incorporation, Shareholders Handbook, DUI proof of time missed at work/records detailing lost income. 3. 28-772. But what exactly does this entail? an LLC, Incorporate What Should You Do If Youre In An Accident? Proximate cause. Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, Arizona, and married to each other as husband and wife. 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. 28-754. Attorney, Terms of packages, Easy Order packages, Easy Order Estates, Forms : 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. Records, Annual \Documents and Settings\Owner\Desktop\new courses\Torts\sample can accident complaint.wpd Author: Owner Use this step-by-step instruction to fill out the Sample civil complaint for negligence quickly and with perfect precision. 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. Contractors, Confidentiality . 85710, 312-757-7777 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. Divorce, Separation But, ultimately, your purpose is to meet the pleading requirements to state a viable claim. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Directive, Power Get the police report. In some states, the information on this website may be considered a lawyer referral service. 89501. 28-672, including the A.R.S. Handbook, DUI 85016 MAP will provide direction as to the repair of the vehicle. Templates, Name The lesson here is that, if you're the plaintiff, it's important to gather the right evidence to help you prove your case, including: Use this checklist of records to gather after a car accident and learn more about evidence that can help your car accident claim. [Defendant __________ is a single [man/woman] and a resident of Maricopa County, Arizona.]. Name Change, Buy/Sell Nogales, Agreements, Letter NV {Telephone:} 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. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community. Disclaimer: The information and forms on this site are for illustrative purposes only. The motor vehicle collision was proximately caused by Defendant's negligence. Contractors, Confidentiality Freedom of Information Act requests: 517-241-1934. & Resolutions, Corporate I am so grateful that I was lucky to pick Miller & Zois. Can I claim compensation for whiplash if I was a passenger in a car accident? 12. Trust, Living 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. Records, Annual That negligent driver is liable for damages by his/her reckless driving. Law Practice, Attorney Agreements, Sale Voting, Board Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. Proc. It is important to note that both criminal and civil charges can be brought against the same defendant for the same incident. 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. 9. It's hard to say, but a case could be made that this was a true accident where no one was at fault. Services Law, Real 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? Did they both act with the "reasonable care" we described above? %PDF-1.3 When you've been injured by another person in California, you have a right to file an injury claim against them.If you were a passenger in the at-fault driver's vehicle or a passenger in another vehicle involved in the accident, you can file a claim against the person who was to blame. The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Plaintiffs __________, __________, __________ [father/mother] suffered the death of their [son/daughter] and experienced severe emotional distress due to the death of their beloved [son/daughter]. Every case involves risk, including the risk of loss. Change, Waiver Learn more about contributory and comparative negligence in car accident cases. Complaint regarding Auto Accident (Guest passenger vs both drivers), Living 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. & Jud. 6825 Jimmy Carter Blvd, Suite 1400 . Agreements, Letter NV & Jud. Learn more about what to expect when meeting with a car accident lawyer. Guide, Incorporation Forms, Small of Business, Corporate 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. No need to worry about making typos because your sample can be employed and sent away, and printed as often as you wish. As a direct and proximate result of Defendants negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. Complaints are a legal pleading that can be used against you at trial if you overreach. 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). (This may not be the same place you live). Specials, Start On May 22, 2013, the Plaintiff, Mary Ann Johnson, was carefully and prudently stopped in her motor vehicle on Route 152, when her vehicle was violently struck from behind by the Defendant. When it comes to drafting a legal form, it is easier to delegate it to the experts. stream violating right-of-way rules, including a pedestrian's right of way, and. 1 S Church Ave #1000 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. packages, Easy Q: How can I file a wrongful death accident complaint? This action arises from a car accident which occurred on May 22, 2017, at the intersection of Maryland Route 152 and Rockford Road. 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. Download Complaint regarding Auto Accident (Guest passenger vs both drivers) right from the US Legal Forms website. The other driver breached this duty. 10. The Crash was directly and proximately caused by the negligence of Defendant . The possibilities are almost endless, but a driver can be considered negligent by: Learn more about the basics of negligence in an injury case. Will, Advanced Us, Delete Otherwise, you could claim against someone else if someone else was clearly responsible. Tucson, of Attorney, Personal That doesn't mean you yourself can not get a sample to utilize, nevertheless. Corporations, 50% off for Deed, Promissory The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Defendant breached [his/her] duty of care owed to Decedent when Defendant operated [his/her] vehicle in such a negligent manner so as to cause the accident, as described in this Complaint, in which Decedent was injured and ultimately died. Sample Auto Accident Complaint Below is an example complaint in a car accident case. Planning Pack, Home Everyone knows that accidents happen. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known. If you suffered any obvious injuries, you need to obtain immediate medical care. Estate, Public Chicago, of Directors, Bylaws Defendant was also travelling eastbound on Pratt Street and was directly behind Plaintiffs vehicle. of Business, Corporate 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 Lets talk about your legal issues. In and for the County of Maricopa, (Tort Motor Vehicle; Non-Death/Personal Injury). 420 West Mariposa Road, Suite 200 Liens, Real medical records and bills related to treatment of car accident injuries, vehicle damage inspection reports and repair estimates, and. Select a needed format if a few options are available (e.g., PDF or Word). Amendments, Corporate Kindly consider this as a warning letter and prevent doing the same in the coming . 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]. Defendants failure to comply with the above-referenced statute created the type of. Sample Car Accident Complaint IN THE CIRCUIT COURT FOR NEW YORK CITY, NEW YORK Civil Division ALYSSA SMITH 45 Baltimore Ravens Blvd Owings Mills, New York 21117, Plaintiff, v. JANE JACOBS 3 Pratt Court Baltimore, New York 21202, Defendant. If you have any questions about this, please contact an attorney at LamberGoodnow.com or by calling 602-274-9662. Forms, Independent Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Business Packages, Construction If they are insured, their insurer may contact you. consists of attorneys, including M. Lamber and G. Goodnow, who are directors and/or employees of Fennemore Craig, P.C. Divorce, Separation 28-774. Plaintiff __________ is and was a resident of Maricopa County. 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 By contrast, negligence as defined by most jurisdictions in the United States including California, is the lack of ordinary care or skill in the. Real Estate, Last 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. 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 Directors, Bylaws 11. CIVIL ACTION FILE NO. Examples of conduct that may give rise to a presumption of negligence include: Certain legal defenses might be utilized to lower or erase the defendant's liability in a car accident case (that is, the amount of compensation the defendant must pay the plaintiff). A: Here is a sample that you can use in this kind of case. 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. Baltimore City is both the location of the accident and Defendants residence and is, therefore, the appropriate venue for this case pursuant to Md. You can print the Illinois Complaint At Law regarding automobile accident template or fill it out making use of any web-based editor. Damages include costs such as: Hospital bills; Mechanic repair fees; and Lost wages. for Deed, Promissory of Incorporation, Shareholders Note: If an accident occurs after business hours, call1-800-937-8149, and their After Hours Services willarrange for your vehicle to be towed. The law requires drivers to use reasonable caution in all facets of vehicle operation, so this one is a given. The defendant was not careful. 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. Operating Agreements, Employment Negligence. The plaintiff suffered measurable losses. Sales, Landlord Voting, Board xXrFSXBz2FeIM$ct}c0S2Q|3ib3.o'>e3UIy jbi&mj$Lw;9>3L?&icw$8vG>/} Qnmo}7xUTU52 off Incorporation services, Civil Actions - Personal Injury - Complaints, Identity Plaintiff, Jane Doe (Plaintiff), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor (Defendant), and states as follows: 1. In some circumstances, it might make sense to handle your car accident claim yourself. Learn more about how a lawyer can help with a car accident claim. Agreements, Sale an LLC, Incorporate Amendments, Corporate In order to succeed in a car accident lawsuit based on negligence, it must be legally proven that the other party involved in the accident was indeed at fault. Notes, Premarital of Sale, Contract *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Plaintiff suffered physical trauma to her neck, back, and left knee and she was taken to University of Maryland Hospital in an ambulance. For full access to 85,000 legal and tax forms, users just have to sign up and select a subscription. The complaint names the at-fault driver as the sole defendant and asserts a single claim of negligence. In other respects not now known to the Plaintiff but which may become known before or at the time of trial. A-Z, Form Defendant is subject to this Courts personal jurisdiction under Md. At the same time, a motor vehicle operated by James C. Sexton, Defendant, was traveling, and smashed into the Plaintiffs vehicle, causing a car accident in which the Plaintiff sustained severe personal injuries. '4ai|e9oF?nVg 49$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? in 2017 from the University of Houston Law Center and his B.A. ], Defendant breached this duty when [he/she] failed to stop at a red light, as required by A.R.S. 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.