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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.

Know Your Rights:

By 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.

Why You Need a Personal Injury Lawyer After a Drunk Driving Crash in Nebraska or Iowa

By Robert Stahle • August 15, 2025
If you’ve been injured by a drunk driver in Nebraska or Iowa , you may be overwhelmed with questions: Who pays for your medical bills? What if you can't work? Should you talk to the insurance company? Most importantly— do you need a personal injury attorney? The short answer: Absolutely. At Fitch & Stahle Law Firm , we help victims of drunk driving accidents recover the full compensation they deserve. Our firm, based in South Sioux City, Nebraska , is licensed in both Nebraska and Iowa. We understand the specific laws in each state that can make or break your case. In this blog post, we explain why hiring an experienced DUI accident lawyer is crucial after a drunk driving crash—and how we help protect your rights. Understanding Drunk Driving Accident Claims Drunk driving crashes differ from typical car accidents. That’s because they involve criminal conduct , not just negligence. When someone chooses to drive under the influence, they’re endangering lives, breaking the law, and exposing themselves to serious civil liability. While criminal DUI charges may result in jail time, fines, or license suspension, a criminal case does not pay your medical bills or compensate you for your suffering . To recover damages, you must file a civil personal injury claim , and that’s where an experienced attorney makes all the difference. What a Personal Injury Lawyer Does After a Drunk Driving Crash A skilled personal injury attorney will do far more than just file paperwork. At Fitch & Stahle Law Firm , we build strong, evidence-backed cases to maximize your compensation. Here's how we help: 1. Investigate the Accident Thoroughly We gather police reports, interview witnesses, obtain surveillance footage, and examine the crash scene to build a clear picture of what happened—and who is at fault. 2. Prove Liability and Damages To win your case, we must prove that the drunk driver was both negligent and the direct cause of your injuries. We use expert testimony, medical records, and accident reconstruction to build a compelling argument. 3. Handle Insurance Companies Insurance companies may pretend to care—but their goal is to protect their profits. We handle all communication with the insurer so you don’t say anything that could harm your case or reduce your payout. 4. Pursue All Avenues for Compensation In some cases, Nebraska’s DRAM Shop Law may allow us to hold a bar, restaurant, or social host responsible for over-serving the driver. These third-party claims require skilled legal navigation—and our attorneys are prepared to pursue them when applicable. 5. Calculate Your True Damages Your injury isn’t just a few medical bills. We factor in future treatment, pain and suffering, emotional trauma, lost earning capacity, and other long-term effects to ensure you get full and fair compensation. Why You Shouldn’t Wait to Hire a DUI Accident Lawyer One of the biggest mistakes drunk driving victims make is waiting too long to seek legal help. Here's why acting quickly matters: Evidence fades —witness memories fade, videos get erased, and vehicles are repaired. Medical records and diagnostics can help prove injury causation when obtained early. Statute of limitations laws in both Iowa and Nebraska limit how long you have to file a personal injury lawsuit (generally 2–4 years, depending on the circumstances). The sooner you involve an attorney, the stronger your case will be. What Damages Can You Claim? At Fitch & Stahle Law Firm , we pursue maximum compensation for drunk driving accident victims. Depending on your situation, you may be entitled to: Emergency room bills and medical expenses Physical therapy and future treatment costs Lost wages and loss of future income Pain and suffering Emotional distress Loss of enjoyment of life Property damage Punitive damages (in egregious cases) If a loved one was killed in a DUI-related crash, we can also file a wrongful death claim to help cover funeral costs and compensate for the loss of companionship, support, and guidance. Local Lawyers Who Know the Tri-State Area We’re not a national law firm pretending to understand your community. We live here. We work here. We know the roads, the courts, and the unique challenges facing drunk driving victims in South Sioux City , Sioux City , and across Northeast Nebraska and Northwest Iowa . We’ve handled countless injury cases across: Dakota County, Nebraska Woodbury County, Iowa The Siouxland region Surrounding rural and urban areas Our deep roots in the community give us insight that out-of-town attorneys simply don’t have. What Sets Fitch & Stahle Apart? Choosing the right personal injury lawyer can significantly impact your case. Here’s why clients trust us: ✅ Free consultations and no fees unless we win ✅ Licensed in both Nebraska and Iowa ✅ Decades of combined trial and settlement experience ✅ Compassionate, client-first approach ✅ Clear communication and responsive service We’re committed to making sure drunk drivers are held accountable —and that you get the financial support you need to recover and move forward. Take the First Step Toward Justice If you’ve been injured in a drunk driving crash in Nebraska or Iowa , don’t fight the system alone. You need a strong legal advocate who knows how to win these cases—and who truly cares about your recovery. 📍 Visit our office in South Sioux City, Nebraska , or schedule a free consultation from anywhere in the Siouxland area. 📞 Call us or contact us online at fitch-stahlelaw.com to get started. Let us handle the legal burden while you focus on healing. At Fitch & Stahle Law Firm , we stand with victims—every step of the way.