Sample DUI 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

Plaintiff, by and through counsel undersigned, and for [his/her] Complaint against Defendants, alleges as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff __________ is and was a resident 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. 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.
4. Each of the Defendants was the employee and/or agent of each of the other Defendants, and all acts by any of the Defendants were in the course and scope of their employment and/or agency with all of the other Defendants, and each was acting on their own behalf, as well as on behalf of all Defendants.
5. Jurisdiction and venue are proper as the events giving rise to Plaintiff’s Complaint occurred in Maricopa County, Arizona and the amount in controversy exceeds the minimal jurisdictional requirements of this Court.
6. 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

7. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
8. 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 Plaintiff’s vehicle. [failed to yield when making a left-hand turn at an intersection/failed to use a proper turn signal before turning from a roadway into a private drive or roadway/failed to yield when making a turn from a private roadway or driveway onto a highway/failed to yield when making a turn from a private business or residential driveway onto a roadway/failed to stop at a red light/failed to stop at a stop sign.]
9. Upon information and belief, Defendant was operating [his/her] vehicle while under the influence of alcohol [and/or drugs] in violation of Title 28 of the Arizona Revised Statutes.

COUNT ONE – NEGLIGENCE

10. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
11. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner.
12. Defendant breached [his/her] duty of care owed to Plaintiff when [he/she] failed to operate [his/her] vehicle in a safe, reasonable or attentive manner and when [he/she] failed to exercise due care to avoid colliding with Plaintiff’s vehicle.
13. Defendant breached [his/her] duty of care owed to Plaintiff when Defendant operated [his/her] vehicle in such a negligent and reckless manner so as to cause the accident, as described in this Complaint, in which Plaintiff was injured. Said accident and injuries were caused solely by the negligence of Defendant without any negligence or contribution on the part of the Plaintiff.
14. Defendant breached [his/her] duty of care when [he/she] was operating a vehicle while under the influence of alcohol.
15. Defendant breached [his/her] duty of care by recklessly endangering another person and committing aggravated assault against another person.
16. As a direct and proximate result of Defendant’s negligence, carelessness and unlawful acts, Plaintiff suffered serious bodily injuries, some of which may be permanent, pain and suffering, hedonic damages and other damages.

COUNT TWO – NEGLIGENCE PER SE

17. Plaintiff 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’s operation and use of the vehicle [he/she] was operating violated Arizona Statutes for protection of public safety, including, but not limited to, A.R.S. §§ 28-693; 28-701A, 13-1201A, 13-1204A1, 28-1381A1, 28-1381A2, 28-1382A1, and 28-1382A2.
20. Defendant breached this duty when [he/she] drove a vehicle in reckless disregard for the safety of persons, pursuant to A.R.S. § 28-693.
21. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, pursuant to A.R.S. § 28-701A.
22. Defendant breached this duty when [he/she] recklessly drove a vehicle endangering another person with a substantial risk of imminent death or physical injury, pursuant to A.R.S. § 13-1201A.
23. Defendant breached this duty when [he/she] intentionally, knowingly or recklessly caused physical injury to another person, pursuant to A.R.S. § 13-1204A1.
24. Defendant breached this duty when [he/she] drove a vehicle while under the influence of intoxicating liquor, drug, vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree, pursuant to A.R.S. § 28-1381A1.
25. Defendant breached this duty when [he/she] drove a vehicle with a blood alcohol concentration of 0.08 or more, pursuant to A.R.S. § 28-1381A2.
26. Defendant breached this duty when [he/she] drove a vehicle drove a vehicle with a blood alcohol concentration of 0.15 or more but less than 0.20, pursuant to A.R.S. § 28-1382A1.
27. Defendant breached this duty when [he/she] drove a vehicle with a blood alcohol concentration of 0.20 or greater, pursuant to A.R.S. § 28-1382A2.
28. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect.
29. Defendant’s failure to comply with the above-referenced statute created the type of collision against which the law was designed to protect.
30. 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.

COUNT THREE – PUNITIVE DAMAGES

31. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
32. Defendant drove [his/her] vehicle when [he/she] was intoxicated or impaired disregarding the safety of others on the road.
33. Defendant’s conduct constitutes aggravated and outrageous conduct in conscious disregard of substantial risk or harm to Plaintiff and others and evidences an evil mind in that [he/she] acted to serve [his/her] own interests and having reason to know and consciously disregarding the substantial risk that [his/her] conduct driving a vehicle while impaired might significantly injure the rights of others, consciously pursued a course of conduct knowing it created a substantial risk of significant harm to other persons.
34. Plaintiff is entitled to a punitive or exemplary damages award in a sum sufficient to punish Defendant and to deter others from driving while under the influence.

DEMAND FOR JURY TRIAL

35. Plaintiff demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court enter judgment against Defendant as follows:

1. For Plaintiff’s general and special damages;
2. For Plaintiff’s costs incurred in pursuing these claims;
3. For punitive damages, in an amount to be determined at the time of 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 _____________, _____.