Montana Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)

State:
Multi-State
Control #:
US-PI-0290
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
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FAQ

Imputed negligence means that under certain conditions, the negligence of one person can be attributed to another. Several examples can illustrate this principle. First, an employer?employee relationship may exist where the employee is acting on behalf of the employer.

Other examples of contributory negligence include: a motorcyclist weaving between lanes; a skier not wearing a helmet; a pedestrian not looking for traffic before crossing the road; an employee driving a vehicle recklessly on a private construction site.

Thus, the imputation of negligence of one person to another may only be allowed where there exists a relation of master or superior and servant or subordinate or other relationship; this relationship must invoke agency principles or such persons must be cooperating in a common or joint enterprise, or the party to whom ...

Under the owner occupant doctrine, contributory negligence of a driver is imputed to the occupant if the occupant is the owner of the vehicle. Under this doctrine it is presumed that the driver is acting as the agent of the owner, thus the occupant is barred from recovering damages from the other party.

Imputed Contributory Negligence: Imputed contributory negligence occurs when negligence is imputed to a plaintiff. For example, the contributory negligence of an employee is imputed to an employer when the employer sues a tortfeasor involved in an accident with the employee.

IMPUTED contributory negligence is the name given to the. situation in which a plaintiff's damages are reduced not through his own contributory negligence but through the contributory negligence of another.

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Montana Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)