Is the driver always liable?

Steve Lombardi

Attorney
(866) 735-1102 Ext 335

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A woman from Winterset, Iowa was critically injured sometime around the date September 7, 2009 while riding on a motorcycle. She and another passenger, it’s unclear who was driving it, went into a Madison County ditch after losing control. The news report states the bike flipped over. The two riders were 27 year old Joshua Williams and 24-year-old Dezerae Songer. A bike flipping can’t be much fun; everyone is going flying in whatever direction physics takes them.

There is nothing reported that gives any indication whether or not they were wearing helmets or other protective clothing or equipment. Of course we don’t know who the driver was, but many will ask if the driver is always liable for the passenger’s injuries and the answer is no. Liability depends on doing something that isn’t considered reasonable or a violation of the rules-of-the-road. The reasonable man standard can be any number of things including not paying enough attention, fooling around, not watching out ahead, driving recklessly or drinking and driving. Of course all roads have speed limits and lanes to be obeyed. And that’s where the rules-of-the-road comes into play. Not obeying the rules, Iowa‘s driving rules, is a basis for negligence.

With that said it's as important to follow the laws of physics as it is to follow the rules-of-the-road.