Car accident
We're here to help In your time of need

Sample Auto Accident Petition

The following is a sample auto accident petition.  A petition is the document that is used to initiate a lawsuit against an individual or corporation that has caused damage to you or your family.

IN THE CIRCUIT COURT OF ST. CHARLES COUNTY
    STATE OF MISSOURI


XXXXXXX,                       )                 
                                         )                
Plaintiff,                            )                    Cause No.
                                         )              
vs                                      )                  Division No.
                                          )            
XXXXXXX,                     )                 JURY TRIAL DEMANDED
                                           )          
Serve:    xxxxxxx               )                 Wrongful Death
xxxxxxx                            )                   In Excess of $25,000.00
                                         )       
Defendant.                        )     


    PETITION/WRONGFUL DEATH

    COME NOW Plaintiff, xxxxx, by and through  his attorney, Michael J. Sudekum and Schlueter, Mandel & Mandel, and for his cause of action against Defendant, xxxxxxx, states as follows:

    ALLEGATIONS COMMON TO ALL COUNTS

1.    That Plaintiff xxxxx is a resident of xxxxxxx County, State of Illinois, and is the surviving father of decedent, xxxxxxx (hereinafter Decedent). 

2.    Decedent is survived by his xxxxxxxxxx.

3.    That Plaintiff is entitled to bring this cause of action for the wrongful death of Decedent, pursuant to the Missouri wrongful death statute, Missouri Revised Statute 537.080.  That all persons with an interest in this litigation have been notified.

5.    That Defendant xxxxx  (hereinafter Defendant) is a resident of St. Charles County, State of Missouri.

6.    That Missouri Route xxxx is an open and public roadway in the State of Missouri.
 
7.    That on or about January xxxxxx, Decedent was a passenger in a vehicle operated by xxxxxxx which was traveling in a north on Missouri Route xxx in lane 4 in St. Charles, Missouri, when Defendant traveling south on Missouri Route xxx in lane 3, carelessly and negligently operated his vehicle causing it to strike the vehicle in which the Decedent was riding, and thereby causing the death of Decedent.

COUNT I  - xxxxx

8.    Plaintiffs allege and incorporate herein each and every allegation set forth in paragraphs 1 through 7.

9.    That the aforesaid collision occurred as a direct and proximate result of the negligence, carelessness, recklessness and fault of Defendant in one or more of the following particulars:

(a)    That Defendant’s vehicle came into collision with the vehicle in which the Decedent was a passenger;
(b)    That Defendant failed to keep a careful lookout;
(c)    That Defendant was operating his vehicle at a high and dangerous speed under the conditions there and then existing; and
(d)    That Defendant failed to stop his vehicle, slacken the speed thereof, swerve the same aside, in an effort to avoid the aforementioned collision when, in the highest degree of care, he could and should have done so.

10.        As a direct and proximate result of the conduct of the defendant as aforesaid, plaintiff was forced to expend monies for funeral and burial expenses in connection with decedent’s death, and for such other expenses in an amount that at this time plaintiff is unable to state with exactitude.

11.        As a direct and proximate result of the conduct of the defendant as aforesaid, plaintiff has been forever deprived of decedent’s services, consortium, companionship, comfort, instruction, guidance, counsel, training and support.

12.        As a direct and proximate result of the conduct of the defendant as aforesaid, plaintiff has suffered great mental pain and anguish resulting from decedent’s untimely death, in an amount that plaintiff is unable to state with exactitude at this time.

13.        As a further direct and proximate result of the negligence and carelessness of the defendant, decedent was forced to suffer great mental and physical pain and anguish prior to his death, for which plaintiff is entitled to recover, all in an amount that plaintiff is unable to state with exactitude at this time.

WHEREFORE Plaintiff xxxxxx in an amount in excess of Twenty Five Thousand Dollars ($25,000.00), together with their costs herein expended, and for any further relief this Court deems just and proper.


By:    ________________________________
                        Michael J. Sudekum
                        Schlueter, Mandel & Mandel , LLP
                        1108 Olive Street
                        St. Louis, MO  63101
                        Phone:  314-621-1701
                        Fax:  314-621-4800