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Legal News from Fitch & Stahle Law Firm
If you’ve been injured by a drunk driver in Nebraska or Iowa , you may be overwhelmed with questions: Who pays for your medical bills? What if you can't work? Should you talk to the insurance company? Most importantly— do you need a personal injury attorney? The short answer: Absolutely. At Fitch & Stahle Law Firm , we help victims of drunk driving accidents recover the full compensation they deserve. Our firm, based in South Sioux City, Nebraska , is licensed in both Nebraska and Iowa. We understand the specific laws in each state that can make or break your case. In this blog post, we explain why hiring an experienced DUI accident lawyer is crucial after a drunk driving crash—and how we help protect your rights. Understanding Drunk Driving Accident Claims Drunk driving crashes differ from typical car accidents. That’s because they involve criminal conduct , not just negligence. When someone chooses to drive under the influence, they’re endangering lives, breaking the law, and exposing themselves to serious civil liability. While criminal DUI charges may result in jail time, fines, or license suspension, a criminal case does not pay your medical bills or compensate you for your suffering . To recover damages, you must file a civil personal injury claim , and that’s where an experienced attorney makes all the difference. What a Personal Injury Lawyer Does After a Drunk Driving Crash A skilled personal injury attorney will do far more than just file paperwork. At Fitch & Stahle Law Firm , we build strong, evidence-backed cases to maximize your compensation. Here's how we help: 1. Investigate the Accident Thoroughly We gather police reports, interview witnesses, obtain surveillance footage, and examine the crash scene to build a clear picture of what happened—and who is at fault. 2. Prove Liability and Damages To win your case, we must prove that the drunk driver was both negligent and the direct cause of your injuries. We use expert testimony, medical records, and accident reconstruction to build a compelling argument. 3. Handle Insurance Companies Insurance companies may pretend to care—but their goal is to protect their profits. We handle all communication with the insurer so you don’t say anything that could harm your case or reduce your payout. 4. Pursue All Avenues for Compensation In some cases, Nebraska’s DRAM Shop Law may allow us to hold a bar, restaurant, or social host responsible for over-serving the driver. These third-party claims require skilled legal navigation—and our attorneys are prepared to pursue them when applicable. 5. Calculate Your True Damages Your injury isn’t just a few medical bills. We factor in future treatment, pain and suffering, emotional trauma, lost earning capacity, and other long-term effects to ensure you get full and fair compensation. Why You Shouldn’t Wait to Hire a DUI Accident Lawyer One of the biggest mistakes drunk driving victims make is waiting too long to seek legal help. Here's why acting quickly matters: Evidence fades —witness memories fade, videos get erased, and vehicles are repaired. Medical records and diagnostics can help prove injury causation when obtained early. Statute of limitations laws in both Iowa and Nebraska limit how long you have to file a personal injury lawsuit (generally 2–4 years, depending on the circumstances). The sooner you involve an attorney, the stronger your case will be. What Damages Can You Claim? At Fitch & Stahle Law Firm , we pursue maximum compensation for drunk driving accident victims. Depending on your situation, you may be entitled to: Emergency room bills and medical expenses Physical therapy and future treatment costs Lost wages and loss of future income Pain and suffering Emotional distress Loss of enjoyment of life Property damage Punitive damages (in egregious cases) If a loved one was killed in a DUI-related crash, we can also file a wrongful death claim to help cover funeral costs and compensate for the loss of companionship, support, and guidance. Local Lawyers Who Know the Tri-State Area We’re not a national law firm pretending to understand your community. We live here. We work here. We know the roads, the courts, and the unique challenges facing drunk driving victims in South Sioux City , Sioux City , and across Northeast Nebraska and Northwest Iowa . We’ve handled countless injury cases across: Dakota County, Nebraska Woodbury County, Iowa The Siouxland region Surrounding rural and urban areas Our deep roots in the community give us insight that out-of-town attorneys simply don’t have. What Sets Fitch & Stahle Apart? Choosing the right personal injury lawyer can significantly impact your case. Here’s why clients trust us: ✅ Free consultations and no fees unless we win ✅ Licensed in both Nebraska and Iowa ✅ Decades of combined trial and settlement experience ✅ Compassionate, client-first approach ✅ Clear communication and responsive service We’re committed to making sure drunk drivers are held accountable —and that you get the financial support you need to recover and move forward. Take the First Step Toward Justice If you’ve been injured in a drunk driving crash in Nebraska or Iowa , don’t fight the system alone. You need a strong legal advocate who knows how to win these cases—and who truly cares about your recovery. 📍 Visit our office in South Sioux City, Nebraska , or schedule a free consultation from anywhere in the Siouxland area. 📞 Call us or contact us online at fitch-stahlelaw.com to get started. Let us handle the legal burden while you focus on healing. At Fitch & Stahle Law Firm , we stand with victims—every step of the way.
Being injured by a drunk driver is one of the most devastating experiences a person can endure. What makes these accidents so tragic is that they are entirely preventable. When someone chooses to drive under the influence of alcohol or drugs, they put everyone else on the road at risk. The consequences for victims can include serious injuries, emotional trauma, and overwhelming financial burdens. If you or a loved one has been hurt in a crash caused by an impaired driver, you deserve justice—and you deserve full compensation for your losses. At Fitch & Stahle Law Firm, our experienced Sioux City drunk driving lawyers are committed to helping victims pursue fair settlements and hold negligent drivers accountable. In this guide, we’ll explain how DUI injury lawsuits work in Iowa and Nebraska, what compensation you may be entitled to, and why hiring a personal injury attorney is essential. What Makes Drunk Driving Accidents Different? Unlike other types of car accidents, drunk driving crashes often involve clear evidence of negligence. Driving with a blood alcohol concentration (BAC) over the legal limit is illegal in both Iowa and Nebraska. When an impaired driver causes a collision, their violation of the law can strengthen your civil case for damages. However, drunk driving accident claims are not always simple. Insurance companies may still try to limit their liability by disputing your injuries, suggesting you were partially at fault, or offering a settlement that doesn’t cover the full extent of your losses. That’s why it’s critical to work with a knowledgeable DUI injury lawyer who understands how to build a strong case and negotiate effectively on your behalf. Your Rights as a Victim of a Drunk Driver If you’ve been injured by a drunk driver in Iowa or Nebraska, you have the right to file a civil lawsuit seeking compensation. While the state may pursue a criminal DUI case against the driver, that case is focused on punishing the offender—not compensating the victim. A drunk driving lawsuit is your opportunity to recover the financial support you need to cover medical expenses, lost wages, pain and suffering, and more. Types of Compensation Available in DUI Injury Lawsuits Victims of drunk driving crashes can seek a variety of damages in a personal injury lawsuit: · Medical expenses: This includes emergency treatment, hospitalization, surgeries, physical therapy, medications, and any future medical care you may require. · Lost income: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for reduced earning capacity in the future. · Pain and suffering: Drunk driving accidents often cause significant physical pain and emotional distress, for which you can seek compensation. · Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged property. · Punitive damages: In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar conduct by others. Our team at Fitch & Stahle Law Firm carefully evaluates each client’s case to ensure all potential damages are included in the claim. Can Bars or Restaurants Be Held Liable? In some cases, the drunk driver isn’t the only party responsible for the accident. Under dram shop laws in Iowa and Nebraska, a business that serves alcohol to a visibly intoxicated person or a minor may be held liable if that individual causes an accident. This additional source of compensation can be vital in cases where the drunk driver lacks sufficient insurance coverage. Our attorneys investigate every angle of your case to identify all possible sources of recovery, including dram shop liability and uninsured/underinsured motorist coverage. The Role of a Personal Injury Attorney in Drunk Driving Lawsuits Hiring a skilled Sioux City personal injury attorney is one of the most important steps you can take after a drunk driving crash. Your lawyer will: · Investigate the accident thoroughly, gathering police reports, BAC test results, medical records, witness statements, and other evidence to prove liability. · Work with medical professionals to document the full extent of your injuries and estimate future treatment costs. · Calculate all damages to ensure no loss is overlooked. · Negotiate aggressively with insurance companies to pursue a fair settlement. · Prepare your case for trial if necessary to achieve the best possible outcome. At Fitch & Stahle, we have extensive experience handling DUI injury cases, and we are committed to protecting your rights at every stage of the legal process. Why Act Quickly After a Drunk Driving Accident? Time is critical after a DUI-related crash. Both Iowa and Nebraska have statutes of limitations that restrict how long you have to file a personal injury lawsuit. If you miss these deadlines, you could lose your right to compensation. Additionally, evidence can disappear quickly. Surveillance footage may be erased, witnesses’ memories may fade, and physical evidence at the scene may be lost. The sooner you contact a lawyer, the better your chances of building a strong case. Schedule a Free Consultation with Fitch & Stahle Law Firm If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t try to navigate the legal process alone. Let the experienced team at Fitch & Stahle Law Firm help you pursue justice and recover the compensation you deserve. Our Sioux City drunk driving lawyers are here to guide you through every step—from filing your claim to negotiating with insurers to representing you in court if needed. Call us today for a free consultation. We proudly serve clients in Sioux City, throughout Iowa, and across Nebraska.
Including Dram Shop Liability
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility) Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.
When most people think about car accident claims, they picture one driver suing another. But what happens when you’re the passenger? Whether you were riding with a friend, using a rideshare app, or simply carpooling to work, passengers have the same right to compensation as drivers—sometimes more. At Fitch & Stahle Law Firm , we regularly help injured passengers across Iowa and Nebraska secure the compensation they deserve. In this blog, we’ll explain how liability works for passenger injuries, what your options are, and how to protect your rights after a crash. 1. Passengers Are Almost Never at Fault The most important thing to know is this: as a passenger, you are rarely found at fault for a car accident. This puts you in a strong position when it comes to filing an injury claim. Whether the driver of your vehicle caused the accident or another vehicle was involved, you may be able to recover damages from one or both parties’ insurance providers. This means you can typically file a claim with: The driver of the vehicle you were in The driver of the other vehicle (if they were at fault) Both insurance policies, if fault is shared In states like Iowa and Nebraska , where comparative fault laws apply, passengers are almost always entitled to compensation unless they did something to contribute to the crash (e.g., physically interfering with the driver). 2. Who Pays for Your Injuries? Understanding Liability Liability depends on who caused the crash and what kind of insurance coverage is available. Here are the most common scenarios: • If the driver of your vehicle was at fault: You can file a third-party claim against their auto insurance policy. Even if they’re a friend or relative, you have a legal right to compensation for your medical expenses, lost wages, and pain and suffering. • If another driver was at fault: You can file a claim against the at-fault driver’s liability coverage. This is common in multi-vehicle accidents, where the other driver rear-ended or struck your vehicle due to negligence. • If both drivers share fault: You may be able to file claims against both drivers’ insurance policies and recover partial compensation from each, depending on the percentage of fault assigned to each driver. 3. What If You Were Riding in a Rideshare (Uber or Lyft)? If you were a passenger in an Uber or Lyft when the crash occurred, your claim may be covered by the rideshare company’s insurance, depending on when and how the accident happened. If the driver was transporting a passenger (you), rideshare companies typically carry $1 million in liability coverage . If the driver was waiting for a ride request or in transit without a passenger, a lower coverage limit applies. You can also potentially file a claim with the driver’s personal insurance policy. These cases can be complex, so having an experienced attorney is crucial for navigating rideshare claims. 4. What Damages Can You Recover as an Injured Passenger? As an injured passenger, you are entitled to the same types of damages as any other injured party. Depending on the severity of your injuries, you may be eligible to recover compensation for: Medical bills (ER visits, surgery, rehab, prescriptions) Lost wages (if you miss work during recovery) Loss of future earning capacity (if you can’t return to work) Pain and suffering Emotional distress Permanent disability or disfigurement The value of your claim will depend on the evidence of your injuries, how the crash occurred, and how it has affected your daily life. 5. What If You’re Related to the Driver? In some cases, your ability to file a claim may be limited if you are related to the at-fault driver and live in the same household. This is due to what's known as a "household exclusion" clause in many insurance policies. However, exceptions apply—particularly if: The policy does not include this clause You’re not a resident of the same household Additional liability coverage is available It’s essential to have an attorney review the insurance policies involved to understand your options. 6. What About Insurance Limits in Iowa and Nebraska? Both states require drivers to carry liability insurance: Iowa minimum coverage : $20,000 for injury or death of one person $40,000 for injury or death of two or more people $15,000 for property damage Nebraska minimum coverage : $25,000 for injury or death of one person $50,000 for injury or death of two or more people $25,000 for property damage These minimums can be exhausted quickly in a serious crash. If the liable driver’s insurance is insufficient, you may be able to pursue compensation through underinsured motorist coverage (UIM) —either through your own policy or one that covers the vehicle you were riding in. 7. Why You Shouldn’t Wait to File a Claim Each state has a statute of limitations for personal injury claims: Iowa: 2 years from the date of the accident Nebraska: 4 years from the date of the accident However, waiting too long can hurt your case. Evidence can disappear, witness memories fade, and insurance negotiations become harder. It’s in your best interest to speak with an attorney as soon as possible to start building your case. 8. How Fitch & Stahle Law Firm Can Help Injured Passengers At Fitch & Stahle , we’ve helped hundreds of clients across Iowa and Nebraska get the compensation they deserve—many of whom were passengers caught in crashes through no fault of their own. Our team will: Investigate the cause of the crash Determine all available insurance policies Communicate with insurers so you don’t have to Build a strong case backed by evidence Negotiate for a fair settlement—or take your case to court if needed We work on a contingency fee basis, so you pay nothing unless we win. Final Thoughts: Protect Your Rights as a Passenger Being in the wrong place at the wrong time shouldn’t cost you your health, your job, or your financial future. If you’ve been injured as a passenger in a car accident—whether in Iowa, Nebraska, or anywhere in the Siouxland area—you have legal rights and options for recovery. Don’t wait. Let the experienced legal team at Fitch & Stahle Law Firm help you understand your rights and pursue full compensation for your injuries.
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