Des Moines Drunk Driving Accident Lawyers

Attorneys, Accountants, & Investigators Fighting for Des Moines Drunk Driving Victims

When someone causes an accident by driving under the influence of alcohol or drugs, Iowa law allows civil claims against every liable party. At LaMarca Law Group, P.C., our drunk driving accident lawyers bring extensive litigation experience and a thorough understanding of Iowa law and insurance contracts to every case. Our team includes attorneys, accountants, and investigators, giving us a multidisciplinary foundation to pursue all responsible parties and build the strongest possible case on your behalf. We offer a free case review, and there is no fee unless we make a recovery for you.

Contact us today at (515) 705-0233 for a free consultation. There is no fee unless we make a recovery on your behalf.

What to Do After a Drunk Driving Accident in Des Moines

The actions you take in the hours and days after a crash can directly affect the strength of your legal claim. If you’ve been hit by a drunk driver, these steps protect both your health and your right to compensation.

• Call 911 Immediately: Request law enforcement and medical assistance and tell the dispatcher you suspect the other driver may be under the influence. A police report documenting suspected impairment is critical evidence in a civil claim.
• Remain at the Scene: Unless emergency medical care requires you to leave, stay until officers arrive. Leaving early can complicate both insurance and legal proceedings.
• Document Everything You Can: Photograph vehicles, license plates, skid marks, visible injuries, and the surrounding area while the scene is intact.
• Note Signs of Intoxication: Slurred speech, the odor of alcohol, and open containers are all observable facts. Document what you saw and heard.
• Collect Witness Information: Get names and contact details from anyone who saw the crash.
• Seek Medical Attention Promptly: Some injuries, including concussions and internal damage, don’t present immediately. Early medical records create a direct link between your injuries and the crash.
• Preserve All Evidence: Keep medical records, repair estimates, the police report, and photographs. Don’t repair your vehicle until an attorney advises you to do so.
• Avoid Statements to the Other Driver’s Insurer: Don’t give a detailed statement to the at-fault driver’s insurance carrier before speaking with an attorney.

How Alcohol Impairs Driving

Alcohol impairs the cognitive, physical, and perceptual abilities a driver needs to operate a vehicle safely. Even small amounts can reduce reaction time, cloud judgment, and compromise control. Here’s how:

• Reduced Reaction Time: Alcohol slows brain function and reflexes, making it harder to respond quickly to sudden hazards like a pedestrian crossing or a car stopping abruptly.
• Impaired Judgment: Alcohol undermines decision-making, leading to risky behaviors such as speeding, tailgating, or running red lights. Impaired drivers often underestimate dangers and overestimate their own abilities.
• Decreased Coordination: Alcohol affects motor skills, making it harder to steer, brake, and accelerate properly. Loss of coordination raises the risk of losing control entirely.
• Blurry Vision and Poor Focus: Alcohol can cause blurred or double vision, reducing depth perception and making it harder to judge distances. It also impairs focus, contributing to lane drift and missed hazards.
• Drowsiness and Fatigue: Alcohol causes drowsiness and reduces alertness, increasing the risk of falling asleep at the wheel or failing to register changing traffic conditions.

There is no safe threshold. Any amount of alcohol can degrade driving ability, which is why getting behind the wheel after drinking is a dangerous choice.

Iowa OWI Law & Your Civil Claim

In Iowa, driving under the influence (DUI) is prosecuted as operating while intoxicated (OWI) under Iowa Code §321J.2. A person commits OWI if they:

• Have a blood alcohol concentration (BAC) of 0.08% or higher (for drivers 21 and over).
• Have a BAC of 0.02% or higher (for drivers under 21 under Iowa’s Zero Tolerance Law).
• Are under the influence of alcohol, drugs, or a combination that impairs their ability to drive, regardless of BAC.

A criminal OWI conviction can serve as powerful evidence of negligence in a civil lawsuit. Critically, the civil standard of proof is lower than the criminal standard: we must show it was more likely than not that the driver was intoxicated, not beyond a reasonable doubt. That means even if a driver is acquitted of the criminal OWI charge, you may still have a viable civil claim for medical expenses, property damage, and pain and suffering.

Drunk Driving Accident Lawsuits

Drunk driving accidents cause a disproportionate share of serious injuries and deaths on Iowa roads. According to Iowa Department of Public Safety data, 35% of Iowa’s fatal crashes in 2022 involved an impaired driver. Iowa’s Impaired Driving Strategic Plan (2024–2027) reports that over a five-year period, an average of eight Iowans died or were seriously injured each week in crashes involving an impaired driver. These crashes frequently cause traumatic brain injuries and spinal cord injuries on top of other serious harm.

Compensatory & Punitive Damages

If you’ve been injured by a drunk driver, LaMarca Law Group, P.C. can help you pursue financial compensation for medical costs including rehabilitation, past lost wages, future impairment of earning capacity, and emotional and physical pain and suffering.

Because OWI is illegal conduct that willfully endangers others, Iowa law may also allow a claim for punitive damages on top of compensation for your actual losses. Punitive damages allow a jury to punish the liable party and deter similar conduct. Courts and juries widely recognize the destructive nature of impaired driving, and in highly egregious cases this remedy gives victims an additional avenue to hold reckless drivers accountable.

Wrongful Death Claims

If a loved one was killed in a drunk driving crash, we can help your family file a wrongful death claim to pursue compensation for funeral costs, loss of income, pain and suffering, and loss of companionship.

Liability in a Des Moines Drunk Driving Accident

Iowa law allows civil claims against more than just the driver. Under Iowa’s dram shop law (Iowa Code §123.92), a licensed alcohol vendor may be held liable when they sold or served alcohol to a person they knew or should have known was intoxicated, and that person’s intoxication caused injury to a third party. Dram shop claims are especially valuable when the at-fault driver carries no insurance or only minimum liability coverage.

Our team of attorneys, accountants, and investigators can fully investigate your case at no charge, identify every liable party, and pursue every available avenue of recovery. Acting promptly matters: notice requirements under Iowa’s dram shop law impose strict deadlines, and missing them can permanently eliminate your claim.

Dram Shop Claims Have a Short Filing Deadline

The Six-Month Notice Requirement

Iowa Code §123.93 requires that written notice of a dram shop claim be given to the establishment or its insurance carrier within six months of the injury. The notice must state the time, place, and circumstances of the incident. If you or your attorney fail to give this notice within six months, you may lose your right to file a dram shop claim entirely.

The Two-Year Filing Deadline

The six-month notice requirement is a procedural prerequisite, not a substitute for the lawsuit filing deadline. Iowa’s dram shop law carries a separate two-year statute of limitations for filing the lawsuit itself, which the Iowa Court of Appeals has interpreted to run from the date notice is served. Missing either deadline can eliminate your claim entirely.

Dram shop cases involve overlapping statutory deadlines and require knowledge of multiple areas of Iowa law. LaMarca Law Group, P.C. handles the notice process and can guide clients through every step so nothing falls through the cracks.

If you have questions about a dram shop or alcohol-related injury claim, call the lawyers at LaMarca Law Group, P.C. at (515) 705-0233.