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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.

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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