Sample Auto Accident Complaint

Below is an example complaint in a car accident case.  It is pretty simple, and it should be.  Car accident lawsuits should not be complex or include excessive detail. Complaints are legal pleadings that can be used against you at trial if you overreach.

Sure, a complaint must describe the factual basis for the suit with some degree of factual specificity.  But, ultimately, your purpose is to meet the pleading requirements to state a viable claim.  So all you need to do is list the claims you intend to make and provide sufficient factual allegations to support the claims made.

Also, in Maryland and most jurisdictions, make sure you plead a jury trial in a separate document, assuming you want a jury trial.

Example Car Accident Lawsuit

MARY ANN JOHNSON
Plaintiff

v.

JAMES C. SEXTON
Defendant

IN THE CIRCUIT COURT
FOR BALTIMORE CITY
CIVIL ACTION NO.:

COMPLAINT AND PRAYER FOR JURY TRIAL

Mary Ann Johnson, Plaintiff, by Ronald V. Miller, Jr. and Miller & Zois, LLC, her attorneys, sues the defendant, James C. Sexton, and in support, states as follows:

PREAMBLE

Mary Ann Johnson, Plaintiff, by Ronald V. Miller, Jr. and Miller & Zois, LLC, her attorneys, sues the defendant, James C. Sexton, and in support, states as follows:

PREAMBLE

1. Mary Ann Johnson, the Plaintiff, is a resident of Baltimore County, Maryland.
2. James C. Sexton, the Defendant, is a resident of Harford County, Maryland.
3. The Defendant regularly visits and is engaged in business in Baltimore City, Maryland.
4. This action arises from a catastrophic rear-end motor vehicle collision that occurred on May 22, 2025, at approximately 5:45 p.m., at the intersection of Maryland Route 152 and Rockford Road in Baltimore County, Maryland. Both are public roads maintained by the State of Maryland and/or Baltimore County.
5. Venue is proper in Baltimore City pursuant to Md. Code, Cts. & Jud. Proc. § 6-201 because the Defendant regularly conducts business in Baltimore City.

STATEMENT OF FACTS

6. On May 22, 2025, at approximately 5:45 p.m., Plaintiff Mary Ann Johnson was operating her 2024 Honda Accord in a careful, prudent, and lawful manner, traveling southbound on Maryland Route 152 in Baltimore County, Maryland.
7. Traffic on Route 152 was heavy due to the evening rush hour. The weather was clear and dry, visibility was excellent, and the roadway was free of any obstructions or hazards.
8. As Plaintiff approached the intersection of Route 152 and Rockford Road, she observed that the traffic signal controlling her direction of travel had turned red. Plaintiff applied her brakes in a controlled manner and brought her vehicle to a complete stop behind other vehicles lawfully stopped at the intersection.
9. Plaintiff’s vehicle was fully stopped for approximately 10 to 15 seconds, with her brake lights clearly illuminated, when she glanced into her rearview mirror and observed a large pickup truck bearing down on her at a high rate of speed.
10. At that same time, Defendant James C. Sexton was operating a 2023 Ford F-250 pickup truck, traveling southbound on Route 152 directly behind Plaintiff’s vehicle.
11. Defendant was operating his vehicle at an excessive and dangerous rate of speed, estimated to be in excess of 55 miles per hour in a 40 mile-per-hour zone.
12. Upon information and belief, Defendant was distracted by his cellular phone at or near the time of the collision and failed to observe the stopped traffic ahead of him until it was too late to avoid the collision.
13. Defendant failed to brake, slow, or take any evasive action whatsoever before violently slamming his Ford F-250 pickup truck directly into the rear of Plaintiff’s stopped Honda Accord.
14. The force of the impact was catastrophic. Defendant’s vehicle was traveling at such a high rate of speed that the collision drove Plaintiff’s vehicle forward into the vehicle stopped in front of her, causing a secondary impact.
15. The collision caused massive damage to Plaintiff’s vehicle. The entire rear of the Honda Accord was crushed inward, the rear axle was broken, and the vehicle was pushed approximately 25 feet forward from its stopped position. Plaintiff’s vehicle was declared a total loss.
16. Upon impact, Plaintiff was violently thrown forward and then backward in her seat. Despite wearing her seatbelt, the extreme forces caused Plaintiff’s head to whip violently backward, striking the headrest, and then forward toward the steering wheel.
17. The airbags in Plaintiff’s vehicle deployed, but the sheer magnitude of the collision forces overwhelmed the vehicle’s safety systems.
18. Plaintiff was trapped in her vehicle and had to be extricated by emergency personnel from the Baltimore County Fire Department using hydraulic rescue tools.
19. Plaintiff was transported by ambulance to the University of Maryland Shock Trauma Center, where she was admitted in critical condition.

PLAINTIFF’S INJURIES

20. As a direct and proximate result of the collision caused by Defendant, Plaintiff Mary Ann Johnson suffered the following severe, painful, and permanent injuries:

Traumatic Brain Injury

21. Plaintiff sustained a moderate traumatic brain injury with intracranial hemorrhage. CT imaging performed at Shock Trauma revealed a subdural hematoma requiring close neurological monitoring in the intensive care unit.
22. Plaintiff experienced post-traumatic amnesia, confusion, and disorientation for approximately 72 hours following the collision.
23. Plaintiff continues to suffer from persistent post-concussive syndrome, including chronic headaches, difficulty concentrating, memory impairment, sensitivity to light and sound, and cognitive fatigue.
24. Neuropsychological testing has confirmed deficits in Plaintiff’s executive functioning, processing speed, and short-term memory that are consistent with permanent brain injury.

Cervical Spine Injuries

25. Plaintiff sustained severe cervical spine trauma, including disc herniations at C5-C6 and C6-C7 with nerve root impingement.
26. Plaintiff has undergone two epidural steroid injections and extensive physical therapy, but continues to experience radiculopathy, including radiating pain, numbness, and tingling into her shoulders, arms, and hands.
27. Plaintiff’s treating neurosurgeon has recommended anterior cervical discectomy and fusion (ACDF) surgery at two levels. Plaintiff is currently scheduled for this surgery and faces a lengthy recovery and rehabilitation period.
28. Upon information and belief, Plaintiff will require ongoing pain management and may require additional cervical spine surgeries in the future.

Lumbar Spine Injuries

29. Plaintiff sustained a disc herniation at L4-L5 with radiculopathy and lumbar facet joint injuries.
30. Plaintiff experiences chronic lower back pain radiating into her left leg, numbness in her left foot, and difficulty sitting, standing, or walking for extended periods.
31. Plaintiff has undergone lumbar epidural steroid injections and facet joint injections with only temporary relief. Additional surgical intervention may be required.

Orthopedic Injuries

32. Plaintiff sustained multiple rib fractures on her left side (ribs 4, 5, 6, and 7), causing extreme pain with breathing, coughing, and any upper body movement for several months following the collision.
33. Plaintiff sustained a comminuted fracture of her left clavicle, requiring open reduction and internal fixation (ORIF) surgery with plate and screw hardware.
34. Plaintiff sustained a fracture of her left scapula and significant soft tissue damage to her left shoulder, resulting in permanent reduction in range of motion.
35. Plaintiff sustained ligament damage to her left knee, including a partial tear of her anterior cruciate ligament (ACL) and a medial meniscus tear, requiring arthroscopic surgery.

Psychological Injuries

36. Plaintiff has been diagnosed with post-traumatic stress disorder (PTSD) as a direct result of the collision. She experiences flashbacks, nightmares, severe anxiety while riding in or operating motor vehicles, and hypervigilance.
37. Plaintiff has been diagnosed with major depressive disorder secondary to her injuries, chronic pain, and her sudden inability to perform activities she previously enjoyed.
38. Plaintiff has required and continues to require ongoing psychiatric care and psychotherapy, including medication management.

Scarring and Disfigurement

39. Plaintiff sustained deep lacerations to her face, left arm, and left leg from shattered glass and vehicle debris. Despite suturing and wound care, Plaintiff has been left with permanent, visible scarring.
40. Plaintiff has a 4-inch surgical scar on her left clavicle from her ORIF surgery and additional surgical scars on her left knee.

COUNT ONE – NEGLIGENCE

41. Plaintiff Mary Ann Johnson realleges and incorporates by reference all facts and allegations set forth in paragraphs 1 through 40 above.
42. The collision and Plaintiff’s resulting injuries were directly and proximately caused by the recklessness, carelessness, and negligence of Defendant James C. Sexton, in that, among other acts and omissions, Defendant:
    1. Operated his motor vehicle at a high, dangerous, and excessive rate of speed under the circumstances then and there existing, in violation of Maryland Transportation Article § 21-801;
    2. Failed to reduce speed to avoid a collision, in violation of Maryland Transportation Article § 21-803;
    3. Failed to observe due care and precaution and to maintain proper and adequate control of his motor vehicle;
    4. Failed to keep a proper lookout for other vehicles lawfully on the roadway;
    5. Followed Plaintiff’s vehicle more closely than was reasonable and prudent, in violation of Maryland Transportation Article § 21-310;
    6. Was distracted by his cellular phone or other device and failed to devote full attention to the operation of his vehicle, in violation of Maryland Transportation Article § 21-1124.2;
    7. Failed to apply his brakes in a timely manner or take any evasive action to avoid the collision;
    8. Failed to exercise reasonable care in the operation of his motor vehicle under the circumstances then and there existing; and
    9. In other respects not now known to the Plaintiff but which may become known before or at the time of trial.
43. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff Mary Ann Johnson:
    1. Suffered catastrophic, severe, painful, and permanent bodily injuries as set forth above, including but not limited to traumatic brain injury, cervical and lumbar disc herniations, multiple fractures, ligament tears, and permanent scarring;
    2. Has endured and will continue to endure great physical pain and mental anguish;
    3. Has suffered and will continue to suffer severe and substantial emotional distress, including PTSD and major depression;
    4. Has experienced and will continue to experience a permanent loss of the capacity for the enjoyment of life;
    5. Has been required to undergo multiple surgeries and extensive medical treatment, and will require additional surgeries, medical treatment, and care in the future;
    6. Has incurred and will continue to incur substantial medical costs and expenses;
    7. Has been precluded and will continue to be precluded from engaging in her normal activities, employment, hobbies, and pursuits;
    8. Has suffered a loss of earnings and a permanent diminution of her earning capacity; and
    9. Has otherwise been hurt, injured, and caused to sustain damages and losses.
44. All of Plaintiff’s losses were, are, and will continue to be due to the carelessness and negligence of Defendant James C. Sexton, without any negligence or want of due care on Plaintiff’s part contributing to the harm.

WHEREFORE, Plaintiff Mary Ann Johnson demands judgment against Defendant James C. Sexton in the amount of THREE MILLION DOLLARS ($3,000,000.00) in compensatory damages, plus pre-judgment and post-judgment interest, costs of suit, and any other relief this Court deems just and proper.

JURY TRIAL DEMANDED

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

Respectfully submitted,

MILLER & ZOIS, LLC

________________________
Ronald V. Miller, Jr.
1 South Street, Suite 2450
Baltimore, Maryland 21202
T: (410) 553-6000
F: (844) 712-5151
Attorney for Plaintiff

WHEREFORE, this Plaintiff claims ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in damages.

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller
Miller & Zois, LLC
1 South Street, Suite 2450
Baltimore, MD 20201
(410) 779-4600
(410) 760-8922 (Fax)
Attorneys for Plaintiffs

More Thoughts on Complaints

A complaint is the document that formally starts a lawsuit. It identifies the parties, describes what happened, explains why the defendant is legally responsible, and states what the plaintiff is seeking.

Car accident complaints should be straightforward. The goal is to meet the pleading requirements necessary to state a viable claim. Nothing more. You need to identify your legal theories (negligence, for example), provide enough factual detail to support those theories, and specify your damages. Overwriting a complaint creates problems and you could argue this complaint is a bit overwritten. Anything you include can be used against you at trial, so excessive detail or overreaching allegations can backfire.

That said, the complaint does need enough factual specificity to put the defendant on notice of what you’re claiming and why. The sample below strikes that balance: it tells the story of what happened, describes the plaintiff’s injuries in sufficient detail, and sets out the negligence allegations without unnecessary embellishment.

One procedural note: in Maryland and most jurisdictions, if you want a jury trial, you must demand one at the outset. Some courts require the demand in a separate document; others allow it at the end of the complaint. Check your local rules. The sample above includes the jury demand in the complaint itself.

More Information for Personal Injury Lawyer

• Sample Complaints
• Help Center: get what you need to figure out how to work up a tort case from beginning to settlement or trial
• More Samples
  • More Sample Tort Lawsuits
  • Sample Demand Letter
  • Sample Trial Transcripts
  • Opening Statement Transcripts
  • Sample Depositions
  • Sample Interrogatories
  • Sample Request for Documents