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What Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

Robert Stahle • July 28, 2025

Including Dram Shop Liability

A car accident caused by a drunk driver can change your life in an instant. One reckless decision can lead to months—or even years—of physical pain, emotional trauma, and financial hardship. If you or a loved one has been hurt by a drunk driver in Iowa or Nebraska, you may be entitled to significant compensation. But getting the full amount you deserve requires more than filing an insurance claim. It requires the right legal guidance—especially when Dram Shop liability laws may also apply.

At Fitch & Stahle Law Firm, we help victims of drunk driving crashes pursue justice and financial recovery through personal injury lawsuits. In this article, we’ll explain your legal rights, how Nebraska's Dram Shop laws work, and why hiring an experienced personal injury attorney in Sioux City is essential.



Drunk Driving Accidents: A Preventable Tragedy

Every driver has a legal and moral duty to operate their vehicle safely. When someone chooses to drive under the influence of alcohol or drugs, they violate that duty—and put others in serious danger. Drunk driving remains one of the top causes of catastrophic injuries and fatalities on roads in Iowa, Nebraska, and across the country.

For victims, the aftermath is devastating: broken bones, traumatic brain injuries, permanent disability, emotional trauma, and overwhelming medical bills. If you’ve been injured by a drunk driver, you have the legal right to seek compensation through a civil lawsuit.



Your Legal Options After a Drunk Driving Crash

Following a DUI-related crash, two separate legal actions may occur:

  1. Criminal case – The government prosecutes the drunk driver. This may lead to fines, jail time, or license suspension—but does not provide compensation for your injuries.
  2. Civil case – You (the victim) can file a personal injury lawsuit to recover damages like medical bills, lost wages, and pain and suffering.

While a criminal case punishes the driver, your civil case is about recovering the compensation you need to heal and rebuild your life.



What Can You Recover in a Drunk Driving Injury Lawsuit?

Victims of DUI crashes may be entitled to both economic and non-economic damages, such as:

  • Emergency and long-term medical care
  • Lost wages and reduced earning capacity
  • Vehicle repair or replacement
  • Pain and suffering
  • Mental health treatment
  • Loss of enjoyment of life
  • Punitive damages, especially in cases of gross negligence or recklessness



Understanding Dram Shop Laws in Nebraska and Iowa

In some cases, the drunk driver isn't the only one who may be held liable.

Both Nebraska and Iowa have Dram Shop laws, which allow victims to file a claim against establishments that serve alcohol to someone who is visibly intoxicated—or, in Nebraska’s case, to a minor—if that person later causes a crash.

Key Differences:

  • Nebraska Dram Shop Law (Neb. Rev. Stat. § 53-404):
  • Nebraska's Dram Shop liability is more limited than Iowa’s. It only applies when alcohol is illegally served to a minor (under 21).
  • If a business serves alcohol to a visibly intoxicated adult in Nebraska, you generally cannot hold that business legally responsible under Dram Shop laws.
  • Iowa Dram Shop Law (Iowa Code § 123.92):
  • In Iowa, you can pursue claims against bars, restaurants, or event hosts who serve visibly intoxicated individuals—regardless of age—if that person causes a crash.

That means:

  • In Nebraska, Dram Shop claims focus on underage drinking.
  • In Iowa, Dram Shop claims can target establishments that served visibly intoxicated adults.

If your DUI accident occurred in Nebraska and the drunk driver was under 21, a bar or liquor license holder that served them could be held liable. These claims often provide critical compensation if the driver lacks insurance or assets.



Why You Can’t Rely on Insurance Companies Alone

Even when liability seems obvious—like a drunk driver causing a crash—insurance companies are not on your side. Their goal is to minimize payouts. Tactics they may use include:

  • Offering quick but low settlements
  • Downplaying your injuries
  • Blaming you for part of the accident
  • Delaying or outright denying your claim

At Fitch & Stahle Law Firm, we take over communications with insurers, gather evidence, and fight for a full and fair settlement—so you don’t have to face this battle alone.



How a DUI Accident Lawyer Can Help

Winning a drunk driving injury case takes more than proving the driver was intoxicated. Our experienced legal team will:

  • Secure key evidence (police reports, BAC results, witness statements)
  • Consult with medical professionals to assess your injuries
  • Explore Dram Shop liability under Iowa or Nebraska law
  • Negotiate aggressively with insurers
  • Take your case to court, if necessary

We also investigate whether third parties—like bars, restaurants, or event hosts—share responsibility under applicable state Dram Shop laws.



Time Limits Matter—Act Quickly

Nebraska and Iowa both have statutes of limitations for filing injury claims. In most cases, you only have two years from the date of the accident to take legal action. Waiting too long could mean permanently losing your right to sue.

Evidence also fades fast. The sooner you contact an attorney, the better chance we have to preserve evidence, interview witnesses, and build a strong case.



Let Fitch & Stahle Fight for the Justice You Deserve

If you’ve been injured by a drunk driver in Iowa or Nebraska, don’t wait to take action. Whether the at-fault party is a reckless individual—or a bar that broke Nebraska’s law by serving a minor—we will hold them accountable.

At Fitch & Stahle Law Firm, we’re proud to stand up for DUI crash victims across Siouxland. We offer free consultations and only get paid if we win your case.

Call today to schedule your free case evaluation—and let us help you secure the compensation and justice you deserve.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

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.