Iowa has strict OWI (operating while intoxicated) laws, yet impaired drivers continue to cause devastating crashes. Victims of a drunk-driving crash may have claims not only against the driver, but in some cases against a bar or other establishment that overserved them.
Civil Claims Are Separate From Criminal Charges
A drunk driver may face criminal OWI charges, but that prosecution does not compensate the people they hurt. A separate civil injury claim is how victims recover for medical bills, lost income, and pain and suffering. A criminal conviction can also serve as strong evidence in the civil case.
Because drunk driving is reckless by nature, these cases may support punitive damages under Iowa Code § 668A.1, which are intended to punish especially dangerous conduct.
Iowa's Dram Shop Law
Under Iowa's dram shop law (Iowa Code § 123.92), a licensed establishment that sells or serves alcohol to a person it knew or should have known was intoxicated can be held liable when that person later causes injury. This can provide an additional source of recovery beyond the driver's own insurance.
Dram shop claims have specific notice requirements and deadlines, so it is important to involve an attorney quickly to preserve the claim and gather evidence such as receipts, surveillance video, and server testimony.
Getting Help After a Drunk-Driving Crash
These crashes often cause catastrophic injuries, and victims and families deserve aggressive advocacy. An experienced attorney identifies every responsible party and every available insurance policy.
Call 973-566-5599 for a free, confidential review. There is no fee unless your case is won.
Injured in Iowa? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. The attorneys in our network work on a contingency fee basis, meaning you pay no attorney fee unless they recover compensation for you. Your case review is always free and completely confidential.
Iowa's statute of limitations for most personal injury claims is generally two years from the date of injury under Iowa Code § 614.1(2). Claims against a city, county, or the state are governed by separate notice rules and shorter deadlines, so it is important to act quickly before evidence disappears.
Iowa uses a modified comparative fault rule under Iowa Code § 668.3. You can still recover compensation as long as you were not more than 50% at fault, though your award is reduced by your own percentage of fault. Many people who assume they have no case are surprised to learn they can still recover.
Possibly. Under Iowa's dram shop law, an establishment that served alcohol to a visibly intoxicated person may be liable for the harm that person later causes. These claims have strict notice deadlines, so act quickly.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Iowa attorney.