There are approximately 2,200 Iowa accidents involving semi-trucks and 32% of trucking accidents result in an injury. It is far more frequent for a driver in another vehicle to be injured in an Iowa truck accident than it is for the driver of the semi. (Data found here). Iowa trucking accidents often cause serious injuries or deaths.

In Iowa, someone who is injured in a trucking accident that is not their fault can file a lawsuit against the negligent driver. The family members of someone killed in a trucking accident can also file a lawsuit. But in 2023, the Iowa Legislature changed the law that applies to Iowa trucking accidents. Iowa was the first state in the nation to place a cap on damages that can be awarded when a negligent truck driver causes a crash. Senate File 228 limits non-economic damages at $5 million. Non-economic damages include damages for pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering and loss of consortium. It does not include damages for medical bills, lost wages or decreased value to the Estate.

There are exceptions to this damage cap. The limit does not apply if the negligent driver was under the influence of drugs or alcohol at the time of the crash, did not have a commercial driver’s license, was illegally using a cell phone or other electronic device, was speeding more than 15 mph over the speed limit or was illegally transporting drugs, alcohol or people.

Also, the new law limits when an injured person or their family can sue the employer of the driver for negligent hiring or supervision.

If you have lost a loved one as a result of an Iowa truck accident or you, yourself, have been injured in an Iowa truck accident, you should consult with an Iowa personal injury attorney to discuss your rights, including this new law. Ann Brown Legal has experience representing Iowa trucking accident victims and we would be happy to speak to you about your potential case. Please call (319) 826-2250.