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Common Causes of Auto Accidents in Iowa and Nebraska—and Who’s Liable

Robert Stahle • May 14, 2025


Car accidents are unfortunately common across Iowa and Nebraska, from bustling cities like Omaha and Sioux City to quiet rural highways. While every crash is different, most accidents share a few root causes—and identifying the cause is key to determining who is legally responsible.

If you or a loved one has been injured in a car accident, understanding liability is crucial. At Fitch & Stahle Law Firm, we help victims across Iowa and Nebraska pursue compensation for injuries caused by someone else’s negligence. In this blog, we break down the most common causes of crashes in the region and explain how liability is determined under state law.



1. Distracted Driving

Distracted driving continues to be one of the leading causes of car accidents across the country—and Iowa and Nebraska are no exception. Whether it’s texting, checking GPS, eating, or adjusting the radio, any activity that diverts attention from the road increases the risk of a crash.

  • Iowa law prohibits texting and driving for all drivers and bans handheld phone use for novice drivers.
  • Nebraska law also bans texting while driving and enforces penalties for distracted driving that causes accidents.

If a driver was distracted and caused the crash, they may be considered negligent—and thus liable—for any resulting injuries and damages.



2. Speeding and Reckless Driving

Speeding is another major factor in serious and fatal accidents throughout the Midwest. On highways like I-80 in Nebraska or I-29 in Iowa, high-speed collisions often result in devastating injuries.

Reckless driving—such as tailgating, weaving through traffic, or ignoring traffic signals—further increases the risk of multi-vehicle crashes.

How liability is determined:
Police reports, witness statements, traffic camera footage, and skid marks can all help establish that a driver was operating their vehicle recklessly and is at fault.



3. Driving Under the Influence (DUI)

Operating a vehicle under the influence of alcohol or drugs is both illegal and highly dangerous. DUI-related crashes often result in severe injuries or fatalities due to impaired judgment and delayed reaction times.

In both Iowa and Nebraska, the legal blood alcohol content (BAC) limit is 0.08% for drivers over 21. A driver under the influence can face criminal charges and civil liability if they cause an accident.

In some cases, if a bar or restaurant overserved alcohol to a visibly intoxicated person, dram shop laws may allow you to file a claim against the establishment as well.



4. Poor Weather Conditions

Icy roads, heavy snow, fog, and strong winds are common in both Iowa and Nebraska—especially during the winter months. While no one can control the weather, drivers are still expected to adjust their behavior accordingly. Driving too fast for conditions or failing to use headlights in poor visibility can be considered negligent.

If someone crashes into you because they didn’t slow down during a snowstorm, they can still be held responsible—even if the weather contributed to the crash.



5. Running Red Lights and Stop Signs

Intersections are hotspots for accidents, especially when drivers ignore traffic control devices. Failing to yield, blowing through red lights, or making illegal left turns can all cause serious side-impact or head-on collisions.

Liability Tip:
These types of violations are often clearly documented in police reports or video footage, making it easier to prove fault.



6. Fatigued Driving

Drowsy driving can be just as dangerous as drunk driving. Long-haul truck drivers, night shift workers, and those with sleep disorders may fall asleep at the wheel or struggle with focus and reaction time.

If a commercial driver causes an accident due to fatigue, the trucking company may also share liability under federal safety regulations—especially if they violated hours-of-service rules.



7. Vehicle Defects or Poor Maintenance

Sometimes, an accident isn’t caused by a driver—but by a mechanical failure. Faulty brakes, defective tires, or malfunctioning steering components can all lead to dangerous crashes.

In these cases, liability could fall on:

  • The vehicle manufacturer
  • The mechanic who last serviced the vehicle
  • A parts supplier
  • A rental car agency

This is why it’s so important to have an attorney investigate all angles of the crash—not just the actions of other drivers.



How Liability Works in Iowa and Nebraska

Both Iowa and Nebraska follow comparative fault systems when determining accident liability:

  • Iowa uses modified comparative fault: You can recover damages if you are less than 51% at fault. Your compensation will be reduced by your percentage of fault.
  • Nebraska uses pure comparative fault: You can still recover damages even if you’re 99% at fault, but your compensation will be reduced accordingly.

Example:
If you’re awarded $100,000 but found to be 30% at fault, you’ll receive $70,000.

This makes it critical to have legal representation that can limit your share of the blame and maximize your potential recovery.



Proving Fault After an Accident

To build a strong case, your attorney may use:

  • Police reports and crash scene photos
  • Eyewitness statements
  • Surveillance or dashcam video
  • Cell phone records
  • Vehicle black box data
  • Accident reconstruction experts

The more evidence you have, the stronger your case—and the better chance you have of recovering fair compensation.



Why You Need an Attorney After an Accident

Even if liability seems clear, insurance companies may still try to minimize your payout or shift blame. At Fitch & Stahle Law Firm, we handle all aspects of your claim so you can focus on healing. We’ll investigate the cause of your crash, gather evidence, and deal with insurers on your behalf.

We represent injured clients throughout Iowa and Nebraska, and we never charge a fee unless we win your case.



Final Thoughts: Don’t Guess Who’s at Fault—Let Us Help

If you were injured in a car accident, don’t assume you know who’s to blame—or what your case is worth. Many victims overlook important causes or accept partial fault without realizing it. Let Fitch & Stahle guide you through the legal process and fight for the compensation you deserve.


By Robert Stahle September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com
By Robert Stahle September 17, 2025
What You Need to Know