BLOG

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.

Understanding Wrongful Death Claims in Nebraska and Iowa:

By Robert Stahle • October 30, 2025
A Guide for Grieving Families

Injured in a Car Accident in Nebraska or Iowa?

By Robert Stahle • October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.