Sample Arizona Trucking Accident Complaint

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

Plaintiffs, by and through counsel undersigned, and for their Complaint against Defendants, alleges as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs __________ are and were residents of Maricopa County, Arizona at all relevant times.
2. Defendants __________ and [John/Jane] Doe __________ are now and were residents of Maricopa County, Arizona, and married to each other as husband and wife. All acts, errors and/or omissions complained of and material were for and on behalf of the marital community.
3. Defendant [trucking company] dba ________________ is a sole proprietor with [his/her] principal place of business in Maricopa County, Arizona and transacting business within the State of Arizona [or Defendant [trucking company] is an Arizona limited liability company authorized to do business in Maricopa County, Arizona.]
4. At all material times, Defendant [trucking company] includes and included any and all parents, subsidiaries, affiliates, divisions, franchises, partners, joint ventures, and organization units of any kind, predecessors, successors and assigns and their officers, directors, employees, agents, representatives and any and all other persons acting on their behalf.
5. At all material times, each of the Defendants were the agent and employee of every other Defendant in doing the events described and was at all times acting within the purpose and scope of such agency and employment and are vicariously liable under the theory of respondeat superior for the actions and inactions of their employees and contractors.
6. At all materials times, each of the Defendants were either joint tortfeasors with other Defendants, were concurrently or jointly and severally liable and/or otherwise derivatively or vicariously liable for the events described herein, which caused Plaintiff’s injuries and damages described in this Complaint.
7. 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 Plaintiff’s injuries and damages. Plaintiff will amend [his/her] Complaint when the true names of those Defendants become known.
8. 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.
9. The amount of Plaintiff’s 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.

GENERAL ALLEGATIONS

10. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
11. On or about _____________, at approximately _____, Defendant, operating a semi-truck, owned or leased by Defendant [trucking company], was traveling on _________________________, in __________, Arizona, when Defendant in a negligent and reckless manner, violently crashed into Plaintiff’s vehicle.

COUNT ONE – NEGLIGENCE

12. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
13. At all relevant times, all named Defendants, owed Plaintiff 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 commercial vehicle on a roadway including controlling the location and speed of the vehicle as necessary to avoid colliding with any object, person or vehicle.
14. Defendant __________, operating the semi-truck, breached [his/her] duty of care owed to Plaintiff when Defendant operated [his/her] commercial vehicle in such a negligent manner so as to cause the accident, as described in Plaintiff’s Complaint, in which Plaintiff was seriously injured. Said accident and injuries were caused solely by the negligence of Defendants without any negligence or contribution on the part of the Plaintiff.
15. As the direct and proximate result of the Defendants negligent acts, errors, and/or omissions, Plaintiff sustained serious personal injuries and suffered pain, anxiety, and emotional anguish, as well as a general decrease in the enjoyment of life.
16. As a further and direct and proximate result of the events set forth in this Complaint, Plaintiff had incurred medical expenses and lost income and will continue to incur such expenses in the future. Plaintiff’s injuries will have a permanent, debilitating and residual effect on Plaintiff and have decreased and impaired Plaintiff’s ability to earn wages in the future.

COUNT TWO – NEGLIGENCE PER SE

17. Plaintiffs incorporates by reference all prior allegations contained in this Complaint.
18. 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.
19. Defendant breached this duty when [he/she] failed to control the speed of the semi-truck, as required by A.R.S. § 28-701(A).

[20.     Defendant breached this duty when [he/she] failed to yield when making a left-hand turn at an intersection, as required by A.R.S. § 28-772.]

[21.     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. § 28-754.]

[22.     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. § 28-774.]

[23.     Defendant breached this duty when [he/she] failed to yield when making a turn from a private business or residential driveway onto a roadway, as required by A.R.S. § 28-856.]

[24.     Defendant breached this duty when [he/she] failed to stop at a red light, as required by A.R.S. § 28-645.]

[25.     Defendant breached this duty when [he/she] failed to stop at a stop sign, as required by A.R.S. § 28-855.]

26. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect.
27. Defendant’s failure to comply with the above-referenced statute created the type of collision against which the law was designed to protect.
28. Defendant’s failure to comply with the above-referenced statutes was the direct and proximate cause of Plaintiff’s injuries and damages and thus constitutes negligence per se.

DEMAND FOR JURY TRIAL

29. Plaintiffs demand a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs requests that the Court enter judgment against Defendants as follows:

1. For Plaintiff’s general and special damages;
2. For Plaintiff’s costs incurred in pursuing these claims;
3. For loss of consortium by Plaintiff’s spouse in an amount to be proven at trial;
4. For pre- and post-judgment interest to the extent provided by law;
5. For such further relief as the Court deems just and fair.

DATED this ____ day of _____________, _____.