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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 October 30, 2025
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A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.