When Plaintiff came to a stop for the traffic signal at Light Street, Defendant was unable to stop or slow down and rear-ended Plaintiffs vehicle. Duty of care. Estates, Forms Each state's motor vehicle laws govern how drivers are expected to behave on the road. Defendant was also travelling eastbound on Pratt Street and was directly behind Plaintiffs vehicle. Estates, Forms 5. Cellphone Use/Texting While Driving Accidents. One example might be: Was either driver negligent? 12. Talk With Us Your Name Is: * Your Email Is: * Your Phone Number Is: * Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. 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). Agreements, Bill Forms, Small 2023 by The Lamber-Goodnow Injury Law Team at Fennemore Craig, P.C.. All rights reserved. The other driver breached this duty. The motor vehicle collision was proximately caused by Defendant's negligence. 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. 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. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner. Estate, Public The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. Said accident, injuries and resultant death were caused solely by the negligence, tortious conduct and wrongdoing of Defendant without any negligence or contribution on the part of the Decedent. 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. This duty included, but was not limited to, maintaining proper speed for the conditions; reducing speed or stopping to avoid a collision; maintaining a proper distance between vehicles; observing all traffic safety rules in effect; and controlling her vehicle so as to avoid a collision. 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. Use this step-by-step instruction to fill out the Sample civil complaint for negligence quickly and with perfect precision. It's possible, but it's certainly not common. Sale, Contract 3. & Resolutions, Corporate in 2017 from the University of Houston Law Center and his B.A. 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. Services Law, Real 300 S. 4th Street #1400 6-201(b). I am so grateful that I was lucky to pick Miller & Zois. 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. ; there is no separate law firm or business entity. 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. of Sale, Contract Nevertheless, that doesn't mean you yourself cant get a template to use. 28-672, including the A.R.S. 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. 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. Below is an example complaint in a car accident case. Get professionally drafted state-relevant documents in a matter of seconds in a preferable format with US Legal Forms! In some states, the information on this website may be considered a lawyer referral service. 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. Agreements, Bill of Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known. Estate, Last Negligence. +qEG=n}rQ! A-Z, Form Law, Products The case settled and I got a lot more money than I expected. Driving at a reasonable speed . Other times, accidents are caused by Negligence and there are legal consequences. It gives you numerous professionally drafted and lawyer-approved documents and templates. The accident directly caused injuries or monetary losses. The contact form sends information by non-encrypted email, which is not secure. Examples of conduct expected of a reasonable driver include: The defendant's conduct caused your injuries. & 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. Call 1-800-937-8149, and provide a report of the accident. (S or C-Corps), Articles Defendant's negligence include failure to operate their vehicle in a safe and lawful manner . Otherwise, you could claim against someone else if someone else was clearly responsible. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect. (Her estate did not file a lawsuit for tactical reasons.) This is called "breaching" (or violating) the duty of care. I understand that submitting this form does not create an attorney-client relationship. Order Specials, Start of Attorney, Personal 13. Divorce, Separation The law requires drivers to use reasonable care to avoid harming anyone else on the road. Car accident lawsuits should not be complex or include excessive detail. 28-774. Voting, Board 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. of Attorney, Personal 602-274-9662 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. Defendant breached this duty when [he/she] drove a vehicle in reckless disregard for the safety of persons, as required by A.R.S. Roadways to the Bench: Who Me? 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. << /Length 5 0 R /Filter /FlateDecode >> Lets talk about your legal issues. Complaint regarding Auto Accident (Guest passenger vs both drivers), Living Plaintiff __________ is and was a resident of Maricopa County. Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, State of Arizona, and married to each other as husband and wife. We've helped more than 6 million clients find the right lawyer for free. Attorney, Terms of Divorce, Separation Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Download PDF As amended through February 1, 2023 Form 1.945 - MOTOR VEHICLE NEGLIGENCE COMPLAINT Plaintiff, A. wfQ/]6} N Get the police report. Planning Pack, Home This lawsuit also has an additional count for wrongful death. Negligence may be inferred if a car loses control (by overturning or leaving the roadway) for any reason. View Maine Order on Petition to Terminate Trust. 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. 28-856. of Business, Corporate The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Sample Complaints; Legal Resource Center; Get In Touch. Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. No need to worry about making typos because your sample can be employed and sent away, and printed as often as you wish. 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. This is an action for damages that (insert jurisdictional amount). Divorce, Separation For full access to 85,000 legal and tax forms, customers simply have to sign up and choose a subscription. C ase No. Name Change, Buy/Sell However, the terms negligence and liability often get confused with one another. Business Packages, Construction 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. Car accident victims are entitled to compensation for injuries, lost wages or earning capacity, pain and suffering, and vehicle damage. 85016 If you have a question about a car accident case, please feel free to call us at 954-458-8655. Media Inquiries: 517-284-3222. of Directors, Bylaws Let's assume that your own negligence might have played a part in causing the accident that led to your injury claim. Property Law, Personal Injury The action remains is no longer pending. Amendments, Corporate Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community. 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 of Business, Corporate If there aren't any provable losses, the plaintiff can't recover anything. Can You Sue a Towing Company for Damages? 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. As a direct and proximate result of Defendants negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. 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. 2394 E Camelback Rd #600 Paula must provide evidence that her injuries resulted from the car accident, not some other event. Tenant, More Real 28-855.]. Professionals at the Lamber Goodnow legal team are just a click or call away. 5 0 obj of Incorporation, Shareholders packages, Easy Order Proximate cause. Proc. For example, if a pedestrian runs onto the road and is hit by a car, the driver might escape all liability. Tucson, FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Complaint for a Civil Case Alleging Negligence, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information. Sample Auto Accident Complaint Below is an example complaint in a car accident case. look at possible defenses to a negligence claim. 0, 303-800-8888 This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 6. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Liens, Real Law Practice, Attorney (Use a or b) a. 89101, 520-394-4733 *IMPORTANT - READ CAREFULLY: Past results do not guarantee, warrant, or predict future case outcomes. {LAW FIRM NAME} % Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Agreements, LLC 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. 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. Failure to do so can constitute negligence. Law, Government LegalMatch Call You Recently? Estates, Forms 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? In this article, we'll: Negligence is careless conduct that ends up causing harm to another person. Attorney, Terms of ]:akA`cI>.qI!.jlo/q~:. G@iQ=C@45KN 3EN FmPZl}9v8cOYGY>f.eaT>) (u).uz}n7jxL81BhPG^)bSD1~)@UeM'Z"XZdX;s\)D"t^P/~RyJuyG` K"hVB6GCQ7fZ=u+V7Iw?IA4iYe2Z8^,9Fr4Fr(8X}DP*fikAYwnm278' $N^E52 CUpsRm0u?Q|X6>51%8 2R<8)VN7NN83+~u`-O(\,$ta9pEa)tO"z. You can use the tools on this page to connect with an injury lawyer in your area. 3. an LLC, Incorporate Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. 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. As previously mentioned, negligence does not involve intentional acts; it is not common that someone intends to get into a car accident. 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). Business. 85621, 520-477-7777 of Directors, Bylaws Click here. of Sale, Contract You can print the Illinois Complaint At Law regarding automobile accident template or fill it out making use of any web-based editor. Professional Standards Section (Internal Affairs): to file a complaint against or commend a department member. Plaintiff was lawfully operating her vehicle eastbound on Pratt Street when she came to stop for a red light at the Light Street intersection. 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. Car accident lawsuits should not be complex or include excessive detail. They may send you a letter of demand, phone you, or send you an email or sms. Get professionally drafted state-relevant documents in a matter of minutes in a preferable format with US Legal Forms! Defendant is subject to this Courts personal jurisdiction under Md. M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. Las Vegas, Submit your case to start resolving your legal issue. Contractors, Confidentiality For example, if Paula in the above example doesn't suffer any physical injury, doesn't miss any work time because of the accident, and her car sustains no damage, she cannot recover compensation from Dan. 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. Technology, Power of Defendant had a duty to act reasonably and use due care while driving a vehicle. You may have to pay the opposing party's attorney fees and costs in the event of a loss. For example, lights and brakes should be working properly. 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. Drivers are expected to see the things that an ordinary, prudent person would see. 60604, 775-386-6155 28-701(A). stream 8. Directive, Power (S or C-Corps), Articles Will, All The man is currently in the hospital and is in . NV This brings us to a related, common question. 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.
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