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Passenger Injuries: What Are Your Legal Rights After a Car Accident in Iowa or Nebraska?

Robert Stahle • May 22, 2025

When most people think about car accident claims, they picture one driver suing another. But what happens when you’re the passenger? Whether you were riding with a friend, using a rideshare app, or simply carpooling to work, passengers have the same right to compensation as drivers—sometimes more.

At Fitch & Stahle Law Firm, we regularly help injured passengers across Iowa and Nebraska secure the compensation they deserve. In this blog, we’ll explain how liability works for passenger injuries, what your options are, and how to protect your rights after a crash.



1. Passengers Are Almost Never at Fault

The most important thing to know is this: as a passenger, you are rarely found at fault for a car accident. This puts you in a strong position when it comes to filing an injury claim. Whether the driver of your vehicle caused the accident or another vehicle was involved, you may be able to recover damages from one or both parties’ insurance providers.

This means you can typically file a claim with:

  • The driver of the vehicle you were in
  • The driver of the other vehicle (if they were at fault)
  • Both insurance policies, if fault is shared

In states like Iowa and Nebraska, where comparative fault laws apply, passengers are almost always entitled to compensation unless they did something to contribute to the crash (e.g., physically interfering with the driver).



2. Who Pays for Your Injuries? Understanding Liability

Liability depends on who caused the crash and what kind of insurance coverage is available. Here are the most common scenarios:

• If the driver of your vehicle was at fault:

You can file a third-party claim against their auto insurance policy. Even if they’re a friend or relative, you have a legal right to compensation for your medical expenses, lost wages, and pain and suffering.

• If another driver was at fault:

You can file a claim against the at-fault driver’s liability coverage. This is common in multi-vehicle accidents, where the other driver rear-ended or struck your vehicle due to negligence.

• If both drivers share fault:

You may be able to file claims against both drivers’ insurance policies and recover partial compensation from each, depending on the percentage of fault assigned to each driver.



3. What If You Were Riding in a Rideshare (Uber or Lyft)?

If you were a passenger in an Uber or Lyft when the crash occurred, your claim may be covered by the rideshare company’s insurance, depending on when and how the accident happened.

  • If the driver was transporting a passenger (you), rideshare companies typically carry $1 million in liability coverage.
  • If the driver was waiting for a ride request or in transit without a passenger, a lower coverage limit applies.

You can also potentially file a claim with the driver’s personal insurance policy. These cases can be complex, so having an experienced attorney is crucial for navigating rideshare claims.



4. What Damages Can You Recover as an Injured Passenger?

As an injured passenger, you are entitled to the same types of damages as any other injured party. Depending on the severity of your injuries, you may be eligible to recover compensation for:

  • Medical bills (ER visits, surgery, rehab, prescriptions)
  • Lost wages (if you miss work during recovery)
  • Loss of future earning capacity (if you can’t return to work)
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement

The value of your claim will depend on the evidence of your injuries, how the crash occurred, and how it has affected your daily life.



5. What If You’re Related to the Driver?

In some cases, your ability to file a claim may be limited if you are related to the at-fault driver and live in the same household. This is due to what's known as a "household exclusion" clause in many insurance policies.

However, exceptions apply—particularly if:

  • The policy does not include this clause
  • You’re not a resident of the same household
  • Additional liability coverage is available

It’s essential to have an attorney review the insurance policies involved to understand your options.



6. What About Insurance Limits in Iowa and Nebraska?

Both states require drivers to carry liability insurance:

  • Iowa minimum coverage:
  • $20,000 for injury or death of one person
  • $40,000 for injury or death of two or more people
  • $15,000 for property damage
  • Nebraska minimum coverage:
  • $25,000 for injury or death of one person
  • $50,000 for injury or death of two or more people
  • $25,000 for property damage

These minimums can be exhausted quickly in a serious crash. If the liable driver’s insurance is insufficient, you may be able to pursue compensation through underinsured motorist coverage (UIM)—either through your own policy or one that covers the vehicle you were riding in.



7. Why You Shouldn’t Wait to File a Claim

Each state has a statute of limitations for personal injury claims:

  • Iowa: 2 years from the date of the accident
  • Nebraska: 4 years from the date of the accident

However, waiting too long can hurt your case. Evidence can disappear, witness memories fade, and insurance negotiations become harder. It’s in your best interest to speak with an attorney as soon as possible to start building your case.



8. How Fitch & Stahle Law Firm Can Help Injured Passengers

At Fitch & Stahle, we’ve helped hundreds of clients across Iowa and Nebraska get the compensation they deserve—many of whom were passengers caught in crashes through no fault of their own.

Our team will:

  • Investigate the cause of the crash
  • Determine all available insurance policies
  • Communicate with insurers so you don’t have to
  • Build a strong case backed by evidence
  • Negotiate for a fair settlement—or take your case to court if needed

We work on a contingency fee basis, so you pay nothing unless we win.



Final Thoughts: Protect Your Rights as a Passenger

Being in the wrong place at the wrong time shouldn’t cost you your health, your job, or your financial future. If you’ve been injured as a passenger in a car accident—whether in Iowa, Nebraska, or anywhere in the Siouxland area—you have legal rights and options for recovery.

Don’t wait. Let the experienced legal team at Fitch & Stahle Law Firm help you understand your rights and pursue full compensation for your injuries.

Common Causes of Auto Accidents in Iowa and Nebraska—and Who’s Liable

By Robert Stahle • May 14, 2025
Car accidents are unfortunately common across Iowa and Nebraska, from bustling cities like Omaha and Sioux City to quiet rural highways. While every crash is different, most accidents share a few root causes—and identifying the cause is key to determining who is legally responsible. If you or a loved one has been injured in a car accident, understanding liability is crucial. At Fitch & Stahle Law Firm , we help victims across Iowa and Nebraska pursue compensation for injuries caused by someone else’s negligence. In this blog, we break down the most common causes of crashes in the region and explain how liability is determined under state law. 1. Distracted Driving Distracted driving continues to be one of the leading causes of car accidents across the country—and Iowa and Nebraska are no exception. Whether it’s texting, checking GPS, eating, or adjusting the radio, any activity that diverts attention from the road increases the risk of a crash. Iowa law prohibits texting and driving for all drivers and bans handheld phone use for novice drivers. Nebraska law also bans texting while driving and enforces penalties for distracted driving that causes accidents. If a driver was distracted and caused the crash, they may be considered negligent—and thus liable—for any resulting injuries and damages. 2. Speeding and Reckless Driving Speeding is another major factor in serious and fatal accidents throughout the Midwest. On highways like I-80 in Nebraska or I-29 in Iowa, high-speed collisions often result in devastating injuries. Reckless driving—such as tailgating, weaving through traffic, or ignoring traffic signals—further increases the risk of multi-vehicle crashes. How liability is determined: Police reports, witness statements, traffic camera footage, and skid marks can all help establish that a driver was operating their vehicle recklessly and is at fault. 3. Driving Under the Influence (DUI) Operating a vehicle under the influence of alcohol or drugs is both illegal and highly dangerous. DUI-related crashes often result in severe injuries or fatalities due to impaired judgment and delayed reaction times. In both Iowa and Nebraska , the legal blood alcohol content (BAC) limit is 0.08% for drivers over 21. A driver under the influence can face criminal charges and civil liability if they cause an accident. In some cases, if a bar or restaurant overserved alcohol to a visibly intoxicated person, dram shop laws may allow you to file a claim against the establishment as well. 4. Poor Weather Conditions Icy roads, heavy snow, fog, and strong winds are common in both Iowa and Nebraska—especially during the winter months. While no one can control the weather, drivers are still expected to adjust their behavior accordingly. Driving too fast for conditions or failing to use headlights in poor visibility can be considered negligent. If someone crashes into you because they didn’t slow down during a snowstorm, they can still be held responsible—even if the weather contributed to the crash. 5. Running Red Lights and Stop Signs Intersections are hotspots for accidents, especially when drivers ignore traffic control devices. Failing to yield, blowing through red lights, or making illegal left turns can all cause serious side-impact or head-on collisions. Liability Tip: These types of violations are often clearly documented in police reports or video footage, making it easier to prove fault. 6. Fatigued Driving Drowsy driving can be just as dangerous as drunk driving. Long-haul truck drivers, night shift workers, and those with sleep disorders may fall asleep at the wheel or struggle with focus and reaction time. If a commercial driver causes an accident due to fatigue, the trucking company may also share liability under federal safety regulations—especially if they violated hours-of-service rules. 7. Vehicle Defects or Poor Maintenance Sometimes, an accident isn’t caused by a driver—but by a mechanical failure. Faulty brakes, defective tires, or malfunctioning steering components can all lead to dangerous crashes. In these cases, liability could fall on: The vehicle manufacturer The mechanic who last serviced the vehicle A parts supplier A rental car agency This is why it’s so important to have an attorney investigate all angles of the crash—not just the actions of other drivers. How Liability Works in Iowa and Nebraska Both Iowa and Nebraska follow comparative fault systems when determining accident liability: Iowa uses modified comparative fault : You can recover damages if you are less than 51% at fault. Your compensation will be reduced by your percentage of fault. Nebraska uses pure comparative fault : You can still recover damages even if you’re 99% at fault, but your compensation will be reduced accordingly. Example: If you’re awarded $100,000 but found to be 30% at fault, you’ll receive $70,000. This makes it critical to have legal representation that can limit your share of the blame and maximize your potential recovery. Proving Fault After an Accident To build a strong case, your attorney may use: Police reports and crash scene photos Eyewitness statements Surveillance or dashcam video Cell phone records Vehicle black box data Accident reconstruction experts The more evidence you have, the stronger your case—and the better chance you have of recovering fair compensation. Why You Need an Attorney After an Accident Even if liability seems clear, insurance companies may still try to minimize your payout or shift blame. At Fitch & Stahle Law Firm , we handle all aspects of your claim so you can focus on healing. We’ll investigate the cause of your crash, gather evidence, and deal with insurers on your behalf. We represent injured clients throughout Iowa and Nebraska, and we never charge a fee unless we win your case. Final Thoughts: Don’t Guess Who’s at Fault—Let Us Help If you were injured in a car accident, don’t assume you know who’s to blame—or what your case is worth. Many victims overlook important causes or accept partial fault without realizing it. Let Fitch & Stahle guide you through the legal process and fight for the compensation you deserve.

Why You Should Never Accept the First Insurance Offer After a Crash

By Robert Stahle • May 7, 2025
Why You Should Never Accept the First Insurance Offer After a Car Accident in Iowa or Nebraska If you’ve recently been involved in a car accident in Iowa or Nebraska, chances are high that you’ve already heard from the at-fault driver’s insurance company. Often, this first call includes a friendly tone and a quick settlement offer. While it might be tempting to accept—especially when you’re dealing with medical bills, car repairs, and missed work—doing so could cost you thousands in lost compensation. At Fitch & Stahle Law Firm , we’ve represented countless injury victims across Iowa and Nebraska who were offered lowball settlements that didn’t even begin to cover their losses. In this blog, we explain why accepting the first offer is rarely in your best interest—and how having a trusted attorney on your side can make a major difference. 1. Insurance Companies Aren’t on Your Side Despite their commercials, insurance companies are for-profit businesses. Their primary goal is to protect their bottom line—not to ensure you’re made whole after a crash. One of the ways they reduce payouts is by making early settlement offers that seem generous but fail to account for long-term damages. These offers are designed to: Get you to settle before you fully understand your injuries. Prevent you from hiring an attorney. Limit future liability by having you sign away your right to sue. In both Iowa and Nebraska, once you accept a settlement and sign a release, your case is closed—even if your medical condition worsens later. That’s why speaking with a personal injury attorney before signing anything is so important. 2. You May Not Know the Full Extent of Your Injuries Car accident injuries often take time to fully reveal themselves. Conditions like concussions, whiplash, back injuries, or internal damage may not cause noticeable symptoms for days or even weeks. Additionally, some injuries require long-term care, physical therapy, or surgery. The first insurance offer typically only covers: Emergency room visits Basic vehicle repairs Minimal lost wages It often does not cover: Ongoing treatment Pain and suffering Loss of future earnings Emotional distress If you accept a quick settlement without understanding your full diagnosis and prognosis, you may end up paying for future care out of your own pocket. 3. A Low Settlement Could Leave You in Debt Let’s say you accept an insurance offer of $7,500 shortly after the crash, only to later discover you need months of treatment and can’t return to work. Those medical bills and lost wages could easily exceed $50,000. But if you’ve already signed a release, there’s no going back. Many victims in Iowa and Nebraska mistakenly believe they can renegotiate later or reopen the case. Unfortunately, that’s almost never true. Once you sign a settlement agreement, you’re legally barred from seeking further compensation. 4. You Deserve Compensation for More Than Just Bills The law in both Iowa and Nebraska allows injury victims to seek compensation for a wide range of damages, not just the ones that show up on a receipt. A skilled attorney will evaluate the full impact the accident had on your life and fight for compensation in areas such as: Pain and suffering – the physical discomfort and emotional trauma you’ve endured Loss of enjoyment of life – if you can’t participate in hobbies or daily activities Future medical expenses – including surgeries, medication, therapy, and equipment Lost earning capacity – if your injuries affect your ability to work in the future An early settlement rarely accounts for these factors. Insurance companies know this—and count on you not having legal counsel to help you push back. 5. Legal Representation Levels the Playing Field Studies consistently show that accident victims who hire a personal injury attorney receive significantly higher settlements than those who don’t. At Fitch & Stahle , we’re experienced negotiators who understand how insurers operate. We’ll: Collect evidence to support your claim Handle all communication with insurance adjusters Work with medical professionals to assess your injuries Build a compelling case for full compensation Take your case to court if necessary We serve clients across both Iowa and Nebraska, including South Sioux City, Sioux City, Omaha, and beyond. Our local expertise and personal approach set us apart—and we don’t get paid unless we win. 6. You’re Not Required to Accept Anything Right Away Many victims feel pressured to respond quickly or are told they only have a short window to accept the offer. This is a tactic. The truth is: you are under no obligation to accept the first offer —or any offer—without fully reviewing it and understanding your rights. In fact, taking the time to: Speak to a personal injury attorney Complete all necessary medical treatment Review long-term costs and losses ...can help you pursue a much more substantial settlement. 7. There Are Time Limits—But You Still Have Options Both Iowa and Nebraska have statutes of limitations for filing a personal injury lawsuit—generally two years from the date of the accident . That means you do have time to properly assess your case, speak with a lawyer, and negotiate from a position of strength. Even if you’ve already received an offer, it’s not too late to consult with an attorney before accepting it. Doing so could protect your financial future. Final Thoughts: Don’t Settle for Less Than You Deserve After a car accident, the stress can be overwhelming. You may be in pain, missing work, and trying to juggle insurance calls. A quick payout might seem like a relief—but it’s often a trap. Let the experienced attorneys at Fitch & Stahle Law Firm evaluate your case and fight for what you truly deserve. We’ve helped injured clients throughout Iowa and Nebraska secure fair settlements that reflect the full scope of their injuries and losses.
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