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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.

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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