Iowa uses the Comparative Fault Act to determine fault in motorcycle accident cases. This means that a jury will determine how much fault is assigned to each party. Depending on the percentage of fault the motorcyclist is found to have, that will determine the amount of damages they can be rewarded. For example, if the motorcyclist claims $100,000 in damages and is found to be 10% at fault, they will only receive $90,000.
In contrast, Nebraska applies stricter negligence laws. This means that if the motorcyclist is found to have been 50% or more at fault for an accident, they will not be eligible to recover any damages. Always consult with your attorney to understand the legal options available to you.