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The Most Important Changes to Iowa Criminal Law in 2017
Robert Stahle • December 11, 2017
Changes occur in criminal law all the time, and some of them can have a direct impact on the rights of defendants as well as on how prosecutors try cases. Let’s take a look at some of the changes in Iowa criminal law over the past year.
Legislature Passes Law That Caps Medical Malpractice Cases
The Iowa legislature passed a law that places caps on medical malpractice liability lawsuits for pain and suffering and other psychological damages to $250,000. But that figure will not apply to any medical malpractice claim that involves disfigurement, permanent disability, and the loss of life.
The law also requires that plaintiffs in medical malpractice lawsuits obtain a “certificate of merit” and meet minimum standards related to expert witnesses in these cases. Iowa is the 36th state in the U.S. to place a cap on pain and suffering damage awards in a medical malpractice claim.
New Law Includes GPS In Criminal Offense of Domestic Abuse
In July, a new law went into effect that broadens the definition of stalking to include any defendant who is arrested for using a GPS to harass another person.
The law also lowers the standard that prosecutors have to meet in order to charge someone with stalking. Under the old law, prosecutors could only bring a charge of stalking if a victim was in fear of bodily harm or of death. But under the new law, prosecutors could charge someone with stalking if the victim felt threatened or frightened by another person.
A domestic abuse rider was also added to the law, which requires any person convicted three or more times of domestic abuse assault to serve 20 percent of the maximum prison term for that crime.
Iowa Legislature Passes Sentencing Reform Bill
In July, the Iowa Legislature passed a sentencing reform bill that repeals the mandatory minimum of 20 months for Class C drug offenses. The law will be retroactive, so people who were serving time in prison for a Class C drug conviction became eligible for parole on July 1, 2017.
The new law also gives judges the discretion to shorten the sentence of people convicted of a Class C or Class D felony, and reduces the sentencing disparities between defendants arrested for possession of crack cocaine and possession of powder cocaine.
In the past, sentencing guidelines were much more severe for defendants convicted of possession of crack cocaine, but the new law brings Iowa closer into line with crack sentencing in the rest of the states and makes crack sentences much fairer.
Mounting a Strong Defense On Your Behalf
While criminal laws may change from year to year, what doesn’t change is the fact that you will need an experienced defense attorney after you are charged with a serious crime. A felony conviction can affect your future in ways you can’t image, including barring you from working in a number of different industries. Fitch & Stahle Law Office has the resources to help you mount an aggressive defense. Please call us today at (402) 494-3012 to schedule a consultation.
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 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.