Motorcyclists face unique risks on Iowa's roads, even when they take every precaution to protect themselves. Wearing a helmet is one of the most effective ways to reduce the risk of fatal injuries in a crash. But unfortunately, even the highest-quality helmets can't always prevent tragedy when another driver's negligence leads to a collision.
Iowa law does not require adult motorcyclists to wear helmets, even though they can prevent fatal injuries in a crash. However, this doesn't absolve negligent drivers of responsibility when their carelessness claims a rider's life.
At the Law Office of Matthew A. Lathrop, we've represented too many devastated families who have lost loved ones in motorcycle accidents. Our experienced Iowa motorcycle lawyers know how to effectively pursue wrongful death claims, even when the rider was wearing a helmet. Here’s how Iowa's lack of helmet laws impacts motorcycle crash injury claims and what families need to know to protect their rights.
Iowa's Current Motorcycle Helmet Law and Wrongful Death
Unlike many states, Iowa does not have a universal helmet law for adult riders. Only motorcyclists under the age of 18 are required to wear helmets. This means that if you're over 18, it's legally your choice whether to wear head protection while riding.
However, this lack of a legal requirement doesn't mean that helmets aren't essential safety gear. According to the National Safety Council, helmets are estimated to be 37 percent effective in preventing motorcycle fatalities. They're also highly effective at reducing the risk of severe traumatic brain injuries.
Even when a helmeted rider tragically loses their life in an Iowa motorcycle accident caused by another driver's negligence, the family may still be able to pursue a wrongful death claim. The rider's choice to wear a helmet and take steps to protect themselves does not impact their right to seek justice and compensation.
Proving Liability in a Helmeted Rider Wrongful Death Claim
When representing families who have lost a loved one in a motorcycle crash, and experienced Iowa motorcycle lawyer will focus on proving four key elements:
- The other driver owed the motorcyclist a duty of care to operate their vehicle safely and follow traffic laws.
- The other driver breached that duty through negligent actions, such as distracted driving, speeding, or failing to yield.
- The other driver's negligence directly caused the fatal crash and the rider's death.
- The surviving family members suffered damages as a result of the wrongful death, such as medical expenses, funeral costs, lost income, and loss of companionship.
The fact that the motorcyclist was wearing a helmet does not negate the other driver's liability for causing the crash. In fact, attorneys often mention helmet usage to demonstrate that the motorcyclist was a responsible rider who took safety seriously. This can help counter any attempts by the insurance company to shift blame onto the rider.
Calculating Damages in a Fatal Motorcycle Crash
When a motorcyclist is killed due to another driver's negligence, the surviving spouse, children, parents, or other heirs may be entitled to wrongful death damages. Under Iowa Code § 633.336, these damages may include:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of companionship, guidance, and support
- Mental anguish of the survivors
- Punitive damages if the at-fault driver's actions were reckless or intentional
Calculating these damages often requires working with economic and vocational experts to project the lifetime earnings the rider would have contributed to the family. We also work closely with the family to understand the profound emotional impact of the loss.
How Our Iowa Motorcycle Accident Lawyers Can Help
If you've lost a loved one in an Iowa motorcycle crash, you need an attorney who understands the intricacies of these cases and knows how to fight for your family's rights. Insurance companies often try to minimize payouts by shifting blame onto the rider, even when the other driver was clearly at fault.
At the Law Office of Matthew A. Lathrop, we know the tactics insurers use to avoid responsibility in motorcycle crash injury claims. We thoroughly investigate each case, working with accident reconstruction experts and medical professionals to prove exactly what happened and why. We calculate the full scope of your damages and aggressively negotiate for maximum compensation.
While we know that no amount of money can bring back your loved one, pursuing a motorcycle wrongful death claim can help your family find justice and financial security. We're here to guide you through each step of the process with compassion and fight for the accountability your loved one deserves.