Sample Florida Car Accident Lawsuit Legal Complaint

This sample car accident complaint has been crafted to assist attorneys in drafting a detailed and legally sound lawsuit for clients injured in motor vehicle accidents. The complaint is designed to ensure compliance with Florida state laws and procedures, including adherence to the Florida Statutes and the Florida Constitution, particularly when addressing personal injury claims arising from car accidents.

In this example, we’ve incorporated key elements essential for any successful motor vehicle negligence claim, including causes of action for negligence, vicarious liability under Florida’s dangerous instrumentality doctrine, and claims for uninsured motorist benefits. The language used is tailored to provide clear and comprehensive allegations supported by factual and legal foundations.

This template can be easily adapted to specific facts and client circumstances. It includes references to important Florida legal standards, such as the jurisdictional thresholds required for civil cases and the requirement of permanent injury as outlined in Florida Statutes, Section 627.737. So you can use this complaint to assist in drafting your own lawsuit for your client.

Example Florida Car Accident Lawsuit Legal Complaint

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: 24-CA-009876
JESSICA WILLIAMS,
Plaintiff,

v.
STATE FARM INSURANCE COMPANY, a foreign corporation, JASON MILLER, and ELIZABETH MILLER,
Defendants.

COMPLAINT

Plaintiff, JESSICA WILLIAMS, through undersigned counsel, files this Complaint against Defendants, STATE FARM INSURANCE COMPANY, a foreign corporation, JASON MILLER, and ELIZABETH MILLER, and in support thereof states as follows:

JURISDICTION AND VENUE

1. This is an action for damages in excess of THIRTY THOUSAND DOLLARS ($30,000), exclusive of interest, costs, and attorneys’ fees. The estimated amount of the claim for jurisdictional purposes has been listed as $30,001 on the Civil Cover Sheet, in accordance with Florida Supreme Court requirements for data collection. The actual amount to be determined by a jury will exceed the jurisdictional threshold of this Court, pursuant to Article I, Section 21 of the Florida Constitution.
2. At all material times, Plaintiff, JESSICA WILLIAMS, was a resident of Broward County, Florida.
3. Defendant, STATE FARM INSURANCE COMPANY, is a foreign corporation that conducts business, including issuing automobile insurance policies, within the State of Florida and Broward County.
4. Defendant, JASON MILLER, is and was at all material times a resident of Broward County, Florida.
5. Defendant, ELIZABETH MILLER, is and was at all material times a resident of Broward County, Florida.

GENERAL ALLEGATIONS

6. On or about February 29, 2024, Defendant JASON MILLER owned a 2022 Ford Explorer that was being operated by Defendant ELIZABETH MILLER with his full knowledge, permission, and consent.
7. On that date, at or near the intersection of Griffin Road and University Drive in Broward County, Defendant ELIZABETH MILLER was driving westbound on Griffin Road while Plaintiff, JESSICA WILLIAMS, was lawfully a passenger in a separate vehicle traveling eastbound.
8. As Defendant ELIZABETH MILLER approached the intersection, she failed to yield the right of way while attempting to make a left turn onto University Drive. As a result of her failure to yield, she caused a violent collision with the vehicle in which Plaintiff was a passenger.
9. The impact of the collision was severe, causing the airbags to deploy and leaving both vehicles with significant damage. The vehicle in which Plaintiff was riding was struck with such force that it was pushed off the road and into a nearby embankment.
10. At the time of the accident, Defendant ELIZABETH MILLER was driving in a negligent and careless manner, failing to obey traffic signals, failing to maintain proper control of her vehicle, and failing to take necessary precautions to avoid the collision.

COUNT I: NEGLIGENCE AGAINST ELIZABETH MILLER

11. Plaintiff, JESSICA WILLIAMS, realleges and incorporates by reference the allegations contained in paragraphs 1 through 10 above.
12. Defendant, ELIZABETH MILLER, had a duty to operate the motor vehicle with reasonable care under the circumstances, including observing traffic signals, maintaining control of her vehicle, and yielding the right of way to oncoming traffic.
13. Defendant breached that duty by negligently operating her vehicle, failing to yield, and causing a violent collision.
14. As a direct and proximate result of Defendant ELIZABETH MILLER’s negligence, Plaintiff, JESSICA WILLIAMS, sustained severe and permanent injuries, including but not limited to:

• A fractured right femur requiring surgical intervention.
• Herniated disc at C5-C-6
• A traumatic brain injury (TBI) resulting in ongoing cognitive issues, memory loss, and headaches.
• Significant damage to the cervical and lumbar spine, causing chronic pain, reduced mobility, and the need for physical therapy.
• Emotional trauma, including anxiety and post-traumatic stress disorder (PTSD) related to the accident.

15. Plaintiff has experienced substantial pain and suffering, emotional distress, disability, and a loss of capacity for the enjoyment of life. In addition, Plaintiff has incurred and will continue to incur extensive medical expenses, rehabilitation costs, and lost wages due to her inability to return to work.
16. This action is not subject to the exemptions contained in Section 627.737, Florida Statutes, as Plaintiff, JESSICA WILLIAMS, has sustained at least one permanent injury within a reasonable degree of medical probability.

WHEREFORE, Plaintiff, JESSICA WILLIAMS, demands judgment against Defendant, ELIZABETH MILLER, for damages, costs, and such further relief as this Court deems just and proper, and demands a trial by jury on all issues triable by jury.

COUNT II: VICARIOUS LIABILITY AGAINST JASON MILLER (DANGEROUS INSTRUMENTALITY)

17. Plaintiff, JESSICA WILLIAMS, realleges and incorporates by reference the allegations contained in paragraphs 1 through 10 above.
18. At all material times, Defendant JASON MILLER owned the 2022 Ford Explorer being operated by Defendant ELIZABETH MILLER.
19. Under Florida’s dangerous instrumentality doctrine, the owner of a motor vehicle is vicariously liable for any injuries or damages caused by the negligent operation of that vehicle by another person driving with the owner’s permission.
20. As a direct and proximate result of the negligent operation of the vehicle by Defendant ELIZABETH MILLER, Defendant JASON MILLER is liable for the injuries and damages sustained by Plaintiff.
21. This action is not subject to the exemptions contained in Section 627.737, Florida Statutes, as Plaintiff, JESSICA WILLIAMS, sustained permanent injuries within a reasonable degree of medical probability.

WHEREFORE, Plaintiff, JESSICA WILLIAMS, demands judgment against Defendant, JASON MILLER, for damages, costs, and such further relief as this Court deems just and proper, and demands a trial by jury on all issues triable by jury.

COUNT III: UNINSURED MOTORIST CLAIM AGAINST STATE FARM INSURANCE COMPANY

22. Plaintiff, JESSICA WILLIAMS, realleges and incorporates by reference the allegations contained in paragraphs 1 through 10 above.
23. Prior to February 29, 2024, Plaintiff, JESSICA WILLIAMS, maintained a policy of uninsured motorist coverage with Defendant STATE FARM INSURANCE COMPANY under policy number [Insert Policy Number].
24. At the time of the collision, Defendant ELIZABETH MILLER was either uninsured or underinsured as defined under Plaintiff’s insurance policy with Defendant STATE FARM INSURANCE COMPANY.
25. As a direct and proximate result of the negligence of Defendant ELIZABETH MILLER, Plaintiff has suffered significant bodily injury, including but not limited to permanent injuries, medical expenses, lost wages, diminished earning capacity, pain and suffering, disability, and emotional distress.
26. This action is not subject to the exemptions contained in Section 627.737, Florida Statutes, as Plaintiff, JESSICA WILLIAMS, has sustained at least one permanent injury within a reasonable degree of medical probability.
27. Despite proper notice and compliance with all conditions precedent, Defendant STATE FARM INSURANCE COMPANY has failed and refused to provide Plaintiff with the full amount of uninsured motorist benefits to which she is entitled.

WHEREFORE, Plaintiff, JESSICA WILLIAMS, demands judgment against Defendant, STATE FARM INSURANCE COMPANY, for the full amount of uninsured motorist coverage benefits, as well as damages, costs, interest, and any other relief the Court deems appropriate, and demands a trial by jury on all issues so triable.

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