Said. Negligence. stream Below is an example complaint in a car accident case. James C. Sexton, the Defendant, is a resident of Maryland. You may have to pay the opposing party's attorney fees and costs in the event of a loss. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. This lawsuit also has an additional count for wrongful death. 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? 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 strike Plaintiffs vehicle. 28-645. Select a needed format if a few options are available (e.g., PDF or Word). Every case involves risk, including the risk of loss. 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. Plaintiffs incorporates by reference all prior allegations contained in this Complaint. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner. If you're a victim of negligence and are seeking compensation, it can be hard to prove negligence. Estate, Public 12-612. Real Estate, Last 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. Change, Waiver {Telephone:} The vehicle's right-rear passenger, Madison Pike, was uninjured in the accident. 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. 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. In a case based upon negligence the plaintiff, under code or com- mon law pleading, must plead facts in his petition showing (1) that the defendant owed a duty to the plaintiff, (2) that the defendant breached the duty, and (3) that as a result of such breach of duty the plaintiff suffered damage. Business. Divorce, Separation It's hard to say, but a case could be made that this was a true accident where no one was at fault. 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. Phoenix, Your Professionals at the Lamber Goodnow legal team are just a click or call away. The information it not intended to be used by anyone other than a licensed Arizona attorney familiar with Arizona personal injury law. Law Practice, Attorney The "Lamber Goodnow Injury Law Team at Fennemore Craig, P.C." Forms, Small When it comes to drafting a legal document, its easier to delegate it to the professionals. 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. As a direct and proximate result of Defendants negligence, tortious conduct and wrongdoing that resulted in Decedents death, Plaintiffs have incurred funeral expenses. There are four major parts that must be shown in order to recover a damages award for injuries sustained due to someones negligence. Cellphone Use/Texting While Driving Accidents. & Estates, Corporate - Jurisdiction and venue are proper as the events giving rise to Plaintiffs Complaint occurred in Maricopa County. Agreements, Sale 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). In order to have a case for Negligence, actual losses or damages must result from the accident. of Attorney, Personal 89101, 520-394-4733 Planning, Wills Agreements, Letter 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. Voting, Board 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. NV Roadways to the Bench: Who Me? If available preview it and read the description before buying it. {LAW FIRM NAME} 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. 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? It provides a wide variety of professionally drafted and lawyer-approved forms and templates. As the direct and proximate result of Defendants negligence, tortious conduct and wrongdoing, Decedent sustained serious injuries that resulted in death. % Law, Employment 602-274-9662 As a direct and proximate result of Defendant's negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages. Agreements, Bill of 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. Specials, Start 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. The plaintiff suffered measurable losses. A: Here is a sample that you can use in this kind of case. Download Complaint regarding Auto Accident (Guest passenger vs both drivers) right from the US Legal Forms website. A car accident lawyer will know how to put your best case against the other driver together, and can handle the kinds of back-and-forth negotiations that are often crucial to getting the best result. Rather, it has its own category of laws. 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. Negligence (George Hurt v. Acme Services, Inc.) 8. A-Z, Form 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. 12. That negligent driver is liable for damages by his/her reckless driving. & Resolutions, Corporate COUNT TWO - NEGLIGENCE PER SE Plaintiff incorporates by reference all prior allegations contained in this Complaint. 9YLq l)$*RW=),4!O\ R S%?#2s. Name Change, Buy/Sell New Jersey Complaint Auto Negligence and Property Damage Sample Complaint For Property Damage The Forms Professionals Trust! Through this letter, I would like to bring into your consideration that we have received a complaint about _______ (rash driving/ negligence/poor driving/any other) while driving in your name i.e. M. Lamber is licensed in Arizona, Colorado, Illinois and New York only. 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 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]. 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. Voting, Board an LLC, Incorporate Order Specials, Start for Deed, Promissory 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). But what exactly does this entail? Get professionally drafted state-relevant documents in a matter of minutes in a preferable format with US Legal Forms! 0, 303-800-8888 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 You don't always need a lawyer's help when you're making an injury claim after a car accident. COMPLAINT AND PRAYER FOR JURY TRIAL Neil Avadon, Plaintiff, by Ted Hoffman, his attorney, sues the defendant, Richard Cross, and in . Defendant's negligence caused the death of Decedent. Operating Agreements, Employment 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. Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. Tenant, More Each state's motor vehicle laws govern how drivers are expected to behave on the road. Minutes, Corporate The contact form sends information by non-encrypted email, which is not secure. complaint has been previously filed in this court Court. Both are public roads in Maryland. Download Complaint regarding Auto Accident for Negligence straight from the US Legal Forms website. It's possible, but it's certainly not common. Agreements, LLC Motorist Negligence In Child Dart-Out Cases, Injury Or Death From Missing Or Defective Traffic Control Device, Carpool or Share-the-Ride Liability Lawyers, Parental Liability For Automobile Accidents Caused By a Child, Passenger Liability In Automobile Accidents, Spousal Recovery for Auto Accident Injuries. violating right-of-way rules, including a pedestrian's right of way, and. Nogales, Trust, Living (S or C-Corps), Articles Talk With Us Your Name Is: * Your Email Is: * Your Phone Number Is: * 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. If the key issue of fault for the accident isn't in dispute, you don't need to undertake the (potentially tough) job of proving the other driver's negligence. 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. Media Inquiries: 517-284-3222. Drivers are expected to maintain their vehicles in safe working order. a partner. COMPLAINT Plaintiff, Jane Doe ("Plaintiff"), by and through undersigned counsel, brings this action against Defendant, Janice Tortfeasor ("Defendant"), and states as follows: PARTIES 1. 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. Handbook, DUI Name Change, Buy/Sell 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. Technology, Power of The complaint names the at-fault driver as the sole defendant and asserts a single claim of negligence. View Maine Order on Petition to Terminate Trust. No need to worry about making typos because your sample can be employed and sent away, and printed as often as you wish. CO 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. My Account, Forms in This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. K3~a?3Hv-?n^j3d0l~6*o*i$ab8nNy#iklK jk/G8&Yom@cp!R? Qg^mz~~z!]'2\ #]S Causation (cause in fact) An experienced personal injury attorney will also be able to represent you in court, as needed, and can work towards a suitable damages award. A-Z, Form (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Make confident the form meets all the necessary state requirements. In some states, the information on this website may be considered a lawyer referral service. Automobile negligence occurs when a driver of a motor vehicle did not operate that vehicle in a reasonably safe manner and caused injury to another. Minutes, Corporate 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. Proximate cause. Plaintiffs damages include 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. Guide, Incorporation 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. In a handful of states, when an injured person shares any amount of fault for a car accident, they can be prevented from getting compensation from other at-fault drivers if their case goes to court, under a harsh rule called "contributory negligence." 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. Theft, Personal packages, Easy Order Incorporation services, Living Agreements, Bill 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! Estates, Forms 4 0 obj A-Z, Form Let's look at some examples. off Incorporation services, Civil Actions - Personal Injury - Complaints, Identity They may send you a letter of demand, phone you, or send you an email or sms. Sure, a complaint must describe the factual basis for the suit with some degree of factual specificity. Trust, Living Lets talk about your legal issues. Learn more about contributory and comparative negligence in car accident cases. an LLC, Incorporate Center, Small 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. In some circumstances, it might make sense to handle your car accident claim yourself. That's what makes them accidents, after all (as opposed to intentional conduct). Estates, Forms Law, Government As a consequence of Decedent's death, [his/her] [wife, husband, children] suffered pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced . Notes, Premarital Contractors, Confidentiality It gives you numerous professionally drafted and lawyer-approved documents and templates.
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