Sample Form Arizona Car 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. 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.
5. 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

6. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
7. 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.]

COUNT ONE – NEGLIGENCE

8. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
9. Defendant owed Plaintiff a duty of care to operate [his/her] vehicle in a safe, reasonable and attentive manner.
10. 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.
11. 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. Said accident and injuries were caused solely by the negligence of Defendant without any negligence or contribution on the part of the Plaintiff.
12. As a direct and proximate result of Defendant’s negligence, Plaintiff suffered serious bodily injuries, pain and suffering, hedonic damages and other damages.

COUNT TWO – NEGLIGENCE PER SE

13. Plaintiff incorporates by reference all prior allegations contained in this Complaint.
14. 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.
15. Defendant breached this duty when [he/she] failed to control the speed of [his/her] vehicle, as required by A.R.S. § 28-701(A).

[16.     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.]

[17.     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.]

[18.     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.]

[19.     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.]

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

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

[22.     Defendant breached this duty when [he/she] failed to maintain an automobile liability policy that provides limits not less than those prescribed by Arizona law outlined in A.R.S. § 28-4009, as required by A.R.S. § 28-4135.]

23. Plaintiff was, at the time of the collision, within the class of persons whom the above-referenced statutes were meant to protect.
24. Defendant’s failure to comply with the above-referenced statute created the type of collision against which the law was designed to protect.
25. 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

26. 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 pre- and post-judgment interest to the extent provided by law;
4. For such further relief as the Court deems just and fair.

DATED this ____ day of _____________, _____.