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What Should You Do If You Feel Your Civil Rights Have Been Violated During a Traffic Stop?
Robert Stahle • July 9, 2021
Traffic stops are one of the most common ways that police come into contact with the public. There are dozens of reasons why police may wish to pull you over, and being stopped by police is nearly always a stressful experience that can quickly go bad. Unfortunately, you cannot assume that police officers will behave in a way that respects your civil rights, so it is important to have an understanding of what police can and cannot do during a traffic stop.
If you feel like your civil rights have been violated during a traffic stop, contact our drunk driving lawyer and defense lawyer immediately. We are here to advocate for your civil rights in court.
What the Police Can and Cannot Do During a Traffic Stop
So you have been pulled over by the police while behind the wheel. What rights do they have? What can’t they do? First, we’ll talk about what rights the police have during a traffic stop.
- Reasonable suspicion: If the officer pulls you over, they must have a reason for doing so. It is a violation of your Constitutional rights if they perform a stop without having a suspicion that you are committing a crime.
- Ask for information: If you are pulled over for a traffic stop, you must provide the police officer with your driver’s license, proof of insurance, and registration if the officer requests it.
- Probable cause: It’s important to understand the concept of probable cause. If a police officer wishes to search your vehicle, they must have observed something that has led them to reasonably believe that a crime has been committed. This can include the smell of marijuana or alcohol, seeing drugs through the window, or an admission of guilt by somebody in the car.
Here are some Constitutional rights that drivers have during a traffic stop.
- Right to remain silent: While you are required to give up your driver’s license, vehicle registration, and proof of insurance, you do not have to answer any other questions that the police officer asks.
- Right to refuse a search: If the police officer asks to search your vehicle but they do not have a warrant, you have the right to refuse this search, unless they can see something illegal in plain view.
Our Siouxland Attorney Helps Protect Your Civil Rights
If you think your civil rights were violated during a traffic stop, contact our drug crime attorney. You should also write down everything you remember, including the officers’ badges and patrol car numbers, which agency the officers are from, and any other details. If there were any witnesses, get their contact information. If you are injured, seek medical attention and take photographs of your injuries.
It can be overwhelming and stressful to take on an agency as large as the police on your own. They will do everything to protect their own, even if they have broken the law. Our Siouxland defense attorney has experience defending regular citizens against police misconduct. Contact us at (402) 494-3012 today.
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.
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.