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Can I Be Compensated if I Am Partially at Fault?

Robert Stahle • August 30, 2017
Partially Responsible - Personal Injury Attorney - Sioux City, IA

Personal injury claims are often very complicated and can result in a lengthy legal process, no matter which side of the claim you are on. In most of these cases, you may still be able to recover some form of compensation, even if you or a loved one is partially at fault. However, in this type of case, there are many different factors that may affect the final outcome of your claim. As with any personal injury claim, it is in your best interest to speak with a personal injury attorney at the Fitch & Stahle law firm for guidance throughout the process.

What Happens if I Am Partially At Fault in a Personal Injury Claim?

Personal injury claims can cover a wide range of situations. With these types of claims, the law states that individuals can be held responsible if their own reckless behavior or negligence caused another person to become injured or they damage another person’s property. While that may sound very simple, most accidents are the result of a variety of different factors and in some cases, the injured party may share some amount of responsibility for how things unfolded.

In personal injury situations where you are found to be partially at fault, you may still receive some form of monetary compensation but the amount that you will receive can vary greatly based on several factors.


How is Partial Responsibility for an Accident Decided?

In accidents where both parties share some amount of responsibility, a judge or jury must take into consideration the comparative negligence theory. This means that they will work to determine the percent of fault that each party had in the accident or incident. Once this percentage has been decided, the total amount of compensation that the plaintiff is eligible to receive will be reduced by the percentage of fault.

For example, if you were involved in an auto accident with another driver who was driving under the influence but you were also speeding at the time of the collision, the judge or jury will have to decide what percentage of fault you are responsible for. If they decide that you are 40 percent responsible, you are still eligible to receive 60 percent of the damages owed to you. Additionally, if the other driver suffered losses as well, you and your insurance company will be responsible for 40 percent of their damages.

Put Your Trust in an Experienced Personal Injury Attorney

When you work with one of the experienced personal injury attorneys at our law firm in Nebraska, you can count on expert guidance to help you navigate the legal process. In difficult personal injury claims where you may be partially at fault for the accident, it is always a good idea to work closely with a knowledgeable attorney to make sure you have the best chance of getting the settlement that you deserve. For more information on the services offered at Fitch & Stahle Law Offices or to schedule your free initial consultation , be sure to visit our law firm online today.

What to Do If You’re Hit by a Drunk Driver:

By Robert Stahle • June 25, 2025
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.

Holding Drunk Drivers Accountable in Civil Court: What Victims Should Know

By Robert Stahle • June 18, 2025
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.
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