The Lombardi Law Firm Blog

I-380 Iowa Motorcycle Crash, No Helmets

On Saturday June 20^th, at 10:15pm, a motorcycle driving northbound on I-380 near Center Point, crashed into a deer, according to the Des Moines Register. The 23-year-old driver Donald Bruce was transported to University of Iowa Hospitals, and his passenger, also 23, Elexia Turk, died at the scene from severe head injuries. Both were not wearing helmets. They were from Cedar Rapids.

Video: http://www.kcrg.com/news/local/48694257.html

Assuming this story is factually accurate as a motorcycle driver you have to ask, what possible liability could I have to the passenger when crashing into a deer? As the driver you don't insure the passenger for complete safety. In other words you can't say you're not responsible 100% of the time; that assumes you're following the rules of the road. But can you be at-fault for running into a deer? It will probably depend on how much you're paying attention, whether you'd had something to drink (alcohol), the speed of the bike as compared to the posted speed limit, how experienced you are as a driver and whether there are any distractions the driver can control but fails to do so. If you fail to pay attention, then yes you're probably going to be liable. But don't forget the evidence, because without it you lose.

I rest my case.