Iowa law limits how much money victims of commercial truck accidents can recover in a civil case. In 2023, Governor Reynolds signed legislation capping noneconomic damages at $5 million per plaintiff under Iowa Code § 668.15A(2). That number may sound significant, but the law also identifies specific exceptions that could allow you to recover beyond that limit.
When the $5 million cap does not apply
Iowa Code § 668.15A(3) gives courts the authority to lift the damages cap when certain conduct caused your injuries. A court may remove the cap if the evidence shows the driver’s negligence involved any of the following:
- Drunk driving: Operating the vehicle with a blood alcohol concentration of .04 or more.
- Drugged driving: Operating the vehicle under the influence of a drug.
- Testing refusal: Refusing to submit to chemical testing required under Iowa law.
- Felony conduct: A felony involving the use of a motor vehicle.
- Controlled substance use: Using the vehicle to manufacture, distribute or dispense a controlled substance.
- No valid license: Knowingly driving without a proper license or while their CDL was revoked, suspended or canceled.
- No CDL or permit: Operating without a valid commercial driver’s license or learner’s permit.
- Human trafficking: Using the vehicle in connection with human trafficking.
- Reckless driving: Driving recklessly as described under Iowa Code § 321.277.
- Electronic device use: Using an electronic communication device while driving.
- Excessive speeding: Traveling 15 or more miles per hour over the posted speed limit.
- Prohibited device use: Violating any state or local law restricting use of a phone, tablet or similar device while driving.
Any one of these factors could open the door to compensation beyond the standard cap.
Iowa’s damages cap does not tell the whole story for every truck accident victim. If the driver who hurt you engaged in any of these behaviors, an Iowa personal injury attorney can help you pursue the full compensation you deserve.