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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.

Drunk Driving Accidents & Nebraska Dram Shop Laws:

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.

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.