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What Are Your Responsibilities When at Fault in an Auto Accident?

Robert Stahle • April 18, 2019
A blurry picture of a car driving down a road.

Being involved in an auto accident can be a traumatic experience, and even a minor accident can push stress levels over the top. When you’re the one at fault for a car accident, these emotions can be even more intense. You may be injured yourself while also coping with guilt over causing injury or property damage to another person.


With so much going on, it isn’t always clearly understood what should happen following a car accident and the extent of legal and financial responsibility that falls on the shoulders of the person who is determined to be at fault.


Determining Fault after an Accident


Each state has its own laws regarding the type of insurance coverage that drivers are required to carry on their registered vehicles. Neither Iowa or Nebraska are No-Fault states, rather they both operate under comparative negligence law.


Comparative negligence law states that when an accident occurs, the determination of fault in the accident is based on each of the party’s individual contributions. For example, if a person is texting while driving and runs a red light, they are likely to be found 100% at fault of the accident.


In a situation where one driver who failed to use their turn signal was rear-ended by a driver exceeding the speed limit, it would be necessary to determine the degree that each driver’s negligent actions contributed to the fault in the accident.


Financial Responsibility Following an Accident


Both Iowa and Nebraska require motorists to provide proof of financial responsibility in the event that they’re involved in an automobile accident. This law is in place to ensure that each driver has the financial means to cover any damages that may occur as a result of their negligence on the road.


In most cases, proof of financial responsibility is provided through auto insurance that includes liability coverage. In Iowa, the minimum liability insurance coverage is $20,000 for bodily injury of death of single person in an accident that is determined to be the fault of the owner or driver of the insured vehicle, $40,000 for total bodily injury or death liability, and $15,000 for property damage.


The laws in Nebraska are slightly different, with minimum liability insurance coverage including $25,000 liability coverage for injury or death of one person, $50,000 liability coverage for total bodily injury or death, and $25,000 liability coverage for property damage.


An alternative to maintaining appropriate liability insurance coverage on your vehicle is to provide proof of a bond certificate in an amount that is sufficient to cover financial liability in the event of an accident. For example, the typical bond amount in Nebraska in $75,000.


It’s important to note that liability insurance only covers the damages that other drivers and passengers incur as a result of your fault in an accident. Liability insurance does not cover any injuries that you personally sustain during an accident. Unless it can be proven that the other driver is at least 51% responsible for the accident, you’ll need additional insurance to cover the cost of your own medical care and auto repairs.


Working with an Auto Accident Attorney to Protect Your Assets


Determining fault in an accident isn’t always a clear-cut process. An experienced auto accident attorney can help protect you from financial devastation after an accident. If you’ve recently been in an auto accident, contact Fitch & Stahle Law Office for a consultation today.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.