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Know Your Rights:

Robert Stahle • August 21, 2025

What to Do After a Drunk Driving Accident in Nebraska or Iowa

Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights?

At Fitch & Stahle Law Firm in South Sioux City, Nebraska, we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself.



Drunk Driving Victims Have the Right to Compensation

If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim. These claims are separate from any criminal charges the drunk driver may face.

In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered, including:

  • Emergency medical care
  • Long-term treatment and rehabilitation
  • Lost income and loss of earning potential
  • Pain and suffering
  • Mental and emotional distress
  • Property damage
  • Punitive damages (in extreme DUI cases)

At Fitch & Stahle, our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions.



Nebraska and Iowa Laws That Protect Drunk Driving Victims

Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa, we’re uniquely qualified to navigate the laws in both jurisdictions.

Here are some key legal protections available in each state:

Nebraska:

  • Dram Shop Liability: If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law.
  • Comparative Negligence Rule: Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident.
  • Statute of Limitations: You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances.

Iowa:

  • Dram Shop Law: Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements.
  • Modified Comparative Fault: You can recover damages in Iowa as long as you are not more than 50% at fault.
  • Statute of Limitations: In Iowa, you typically have two years from the date of injury to file a lawsuit.

Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland.



What to Do Immediately After a Drunk Driving Crash

The steps you take right after a crash can make or break your case. Here's what you should do:

✅ Call 911 and get medical help

Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away.

✅ Document everything

Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses.

✅ Get the police report

A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests.

✅ Avoid talking to insurance companies alone

Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance.

✅ Contact a personal injury lawyer

The sooner you speak to a lawyer, the better. At Fitch & Stahle, we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed.



Common Injuries in Drunk Driving Crashes

Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries and paralysis
  • Broken bones and fractures
  • Internal bleeding and organ damage
  • Facial disfigurement and scarring
  • Emotional trauma and PTSD

These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim—not just a quick settlement.



Why Choose Fitch & Stahle Law Firm?

Here’s what makes us different:

  • We’re local—Based in South Sioux City and serving all of Siouxland
  • We’re licensed in Nebraska and Iowa
  • We’ve handled hundreds of personal injury claims
  • You pay nothing unless we win
  • We offer compassionate, one-on-one attention

When you hire Fitch & Stahle, you're not just another case file—you’re a neighbor, and we take your recovery personally.



Get the Legal Support You Deserve Today

Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City, or anywhere in the Tri-State area, don’t wait to assert your rights.

📍 Visit our office in South Sioux City, NE
📞 Call us at 402-494-3012
💻 Schedule your free consultation at
fitch-stahlelaw.com

Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.


By Robert Stahle October 1, 2025
What Nebraska and Iowa Injury Victims Need to Know 
By Robert Stahle September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com