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Drunk Driving Accidents & Nebraska Dram Shop Laws:

Robert Stahle • July 16, 2025

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:

  1. Duty of care – The driver had a legal responsibility to drive safely.
  2. Breach of duty – That responsibility was violated by driving impaired.
  3. Causation – The impairment directly led to the accident and your injuries.
  4. 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.

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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