Iowa Motorcycle Accident Lawyer

Can you recover in Iowa if you were not wearing a helmet?

Yes. Iowa has no motorcycle helmet law for riders of any age, so riding without a helmet is legal.

An insurer may still argue that a helmet would have reduced certain head injuries. That argument has nothing to do with who caused the crash, and it usually does not affect injuries to the legs, arms, back or skin. Keep the helmet if you wore one, and keep your jacket, gloves and boots. Damaged gear helps experts explain the forces involved.

Where do Iowa motorcycle crashes happen most?

Many Iowa motorcycle crashes happen where riders share the road with traffic that is not looking for them, or where rural road conditions change without warning.

• Des Moines, Cedar Rapids and Quad Cities traffic, where left-turning drivers misjudge a rider's speed.
• The Great River Road along the Mississippi, popular for weekend rides.
• The Loess Hills in western Iowa, with hills, curves and limited sight lines.
• Rural highways, where farm equipment and slow trucks lead to risky passing.
• Gravel spilled from county roads onto paved intersections.
• Railroad crossings set at an angle, which can throw a bike off balance.

The riding season runs roughly from spring through fall. Spring brings sand and potholes. Fall brings harvest traffic, wet leaves and deer.

Group rides are common in summer. When a car drifts into a group, several riders can be hurt at once, and they may have to share the at-fault driver's limited coverage.

How do insurers try to blame Iowa riders?

Many adjusters assume that a rider was speeding or weaving. They look for anything that can push the rider's share of fault toward 51%, where Iowa bars recovery.

Here is how fault affects a recovery. A rider near Cedar Rapids is hit by a driver turning left into a gas station. The rider's losses total $300,000. The driver claims the rider was speeding.

• At 20% rider fault, the rider recovers $240,000.
• At 50% rider fault, the rider recovers $150,000.
• At 51% rider fault, the rider recovers nothing.

Physical evidence often answers the speed argument. Crash reconstruction, the damage to both vehicles, skid marks and nearby video can show how fast the rider was going and whether the driver had time to see the bike.

Some riders carry a helmet camera, and that footage is some of the most persuasive proof in these cases.

Lane position is another common argument. Riders often move within a lane to avoid potholes, gravel or the oily strip in the center. That is a safety choice, and an experienced rider can explain it.

What insurance covers an Iowa motorcycle crash?

The at-fault driver's liability insurance is the main source, since Iowa is an at-fault state. Your own uninsured and underinsured motorist coverage can help when the other driver has no insurance or too little.

Iowa insurers must include uninsured and underinsured coverage unless the policyholder rejects it in writing, so check your motorcycle policy. Medical payments coverage, if purchased, can help with early bills. Health insurance may pay and seek repayment later. Report the crash to every insurer that might pay, since each policy has notice rules. If you were riding a borrowed bike, the owner's policy may also apply.

What injuries do riders usually suffer?

Riders have little protection in a crash, so injuries are often serious. Fractures, road rash, spinal injuries, brain injuries and amputations are common. Road rash can lead to infections and skin grafts, and even fractures that seem simple can require surgery and months away from work. Riders in physical jobs often face the largest lost-income claims.

Iowa's noneconomic damages cap applies only to medical malpractice, so pain and suffering in a motorcycle crash case is valued on the evidence. Medical bills, future care and lost income can also be recovered in full when proven. Our page on catastrophic injuries explains how serious losses are documented.

What should an injured rider do next?

Get medical care, then protect the evidence.

1. Call 911 and request a police report.
2. Photograph the bike, the other vehicle, the road surface and any gravel or debris.
3. Keep your helmet and riding gear.
4. Ask the tow yard to hold the bike for inspection.
5. Write down witness names and the names of riders you were with.

Most Iowa motorcycle crash lawsuits must be filed within 2 years. For more, see our general motorcycle accidents guide, our Iowa car accident page and our main Iowa page. Our team offers a free case review, and there is no fee unless we win.