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How is Fault Proven in An Injury Causing Accident?

Robert Stahle • November 7, 2017
Personal Injury Attorney - Fitch & Stahle Law Firm

After you’ve survived an injury-causing accident that was not your fault, the main job of a personal injury attorney is to prove that the other party was wholly responsible for what occurred.

But how exactly does a lawyer make that case?

In other words, what is the process that a personal injury lawyer takes to help prove that his or her client did not cause the accident?

Gather the Evidence

Whether your injury was caused by a car accident, slip-and-fall, construction mishap or medical error, the first job of a personal injury lawyer is to gather evidence.

For example, in a car accident, a lawyer would want to have photos and videos of the accident scene, eyewitness testimony, and the official police report.

This evidence can help the lawyer reconstruct the accident to show how the other party was at fault.

And while this may not guarantee that the other side’s insurance company will want to settle based solely on the evidence, it’s a strong starting point on which to mount a case.

Make the Case for Negligence

In many personal injury claims, the lawyer for the plaintiff will have to show that the accident was caused due to the negligence or carelessness of the other party.

Although standards differ slightly, most states require a plaintiff to prove negligence based on four factors, including:


  • Duty – the other party had a legal duty to the plaintiff. For example, in a slip-and-fall accident, the owner of the premises had a duty to keep the premises free of obstructions that could cause someone to fall.
  • Breach – the other party breached or violated that duty. In the example above, the owner of the premises failed to keep the premises free of obstructions that would cause a fall.
  • Causation – the other party directly caused the plaintiff’s injuries because he or she was negligent in taking action to prevent an accident.
  • Damages – the plaintiff suffered injuries or was harmed by the negligence of the other party. When calculating damages, the attorney for the plaintiff will include physical damage to property, medical bills, loss of wages due to missed work, and pain and suffering.

What If You Were Slightly at Fault?

In some cases, the other side may be able to prove that the plaintiff contributed in some way to the accident.

That is known as comparative negligence, and it can affect a plaintiff’s chances at victory or affect how much compensation a plaintiff receives.

In some states, compensation is based on the percentage of fault that a judge or jury assigns to the plaintiff. So, if a judge or jury decides that a plaintiff is 30 percent responsible for an accident, the plaintiff would receive 70 percent of the award.

But in some states, a plaintiff who is found liable for 50 percent or more of the accident forfeits the entire award.

The personal injury firm of Fitch & Stahle has the experience to build a strong case against the other party. Please contact us today to schedule a free consultation.

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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