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Hit by a Distracted Driver on the Road – Now What?

Robert Stahle • May 12, 2020
A bicycle is laying on the ground on the side of the road.

According to the Centers for Disease Control , over 1,000 people in the United States are injured every day due to distracted drivers. These types of accidents account for nearly 23 percent of all automobile crashes, and a primary reason why this number is so high is due to texting and social media apps causing distraction. Anything that takes your attention away from driving is a distraction, but with the majority of drivers now having smartphones that they use, the amount of distracted driving has increased.

If you have been hit by a distracted driver, one of the steps you should take is to contact the personal injury attorneys at Fitch & Stahle Law Office. Our team of professional attorneys has decades of experience proving the negligence of the other driver and ensuring that you receive fair compensation. Here is what you should do if you were hit by a distracted driver.

Receive Appropriate Medical Treatment

The first priority following an accident is getting medical treatment. Even if you do not think you have been injured, the adrenaline following an accident can sometimes mask more serious injuries.

File and Obtain a Police Report

In many cases, a police report has relevant information such as the name, address, and insurance information for the other driver, as well as names and contact information of any witnesses.

Contact Witnesses

Witnesses are another important part of your case against the driver. If anybody witnessed the accident, make sure you contact them so that you can prove that the driver hit you and was distracted. Because memories can fade quickly, make sure you contact them as soon after the accident as possible.

Obtain the Services of an Attorney

If the other driver was ticketed for the offense, they will likely hire a lawyer to plead the ticket down to something lower. This is when you need to hire an automobile accident attorney like those at Fitch & Stahle Law Offices. When you do this, you will need to notify the car accident attorney that you were injured in an automobile accident and that a distracted driver was to blame. Both Iowa and Nebraska have laws that ban drivers from text messaging while behind the wheel, so a good attorney will be able to prove that the driver was engaged in an illegal act while they hit you.

Siouxland Car Accident Attorney

Accredited in both Iowa and Nebraska and familiar with the car accident laws of both states, the attorneys at Fitch & Stahle Law Office are ready to fight for your due compensation. Our auto accident attorney is here to protect your rights in distracted driver cases, and we handle every case working closely with our clients, answering their questions, and providing them with the knowledge they need to make an informed decision to move forward with a settlement or lawsuit.

To learn more about how our attorneys can help you, contact us at (402) 494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By 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: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. 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.