Brad Pistotnik Law
Abogado El Toro

Accident Attorneys and Auto Accidents

Brad Pistotnik Accident Attorney

Auto accident attorneys are a unique breed of lawyer that concentrate in heavy litigation practice. Many lawyers do not practice in the area of litigation and attempt to settle cases on a rapid and often unfair basis to the client. When you hire a lawyer that is trained in litigation, you can expect to have a lawyer that has a reputation known by the insurance carriers and the defense lawyers as strong-willed and a trial attorney. If you get a settlement attorney, the insurance companies know that you have a weak lawyer that will not go to trial and your case is valued at a much lesser value than with a real trial attorney. When an accident is taken on by the lawyer an immediate investigation should always be commenced. If the investigation is not commenced in a few days, the lawyer is going to end up with a poor result for your case. At Brad Pistotnik Law, the experience of Brad will make you have a better result with your case. We go through many steps in your case to build the case properly.

  1. The first thing that must be done with your case is to obtain the police report and investigate witness statements. Insurance companies are notorious for taking witness statements before a person has counsel and using leading questions that can and will destroy your case in a matter of a few minutes. Thus, you need an attorney who is trained and experienced in active trial practice for auto accidents in order to be protected.
  2. When choosing a lawyer you must determine whether that lawyer actually has a valid trial record of success. Many lawyers try to claim the results of others as their own. Brad Pistotnik has been in trials as long as 9 weeks at a time with multimillion dollar verdicts. It is important to understand that for an attorney to be in a 9 week-long trial, it takes approximately 3 to 6 months of preparation time to get ready for trial lasting that long. Many lawyers do not want to be in trials even lasting one week, much less a trial to last for the 9 weeks. The lawyer you choose must have stamina to be able to work hard during the entirety of a trial.
  3. The use of experts in an auto accident case is extremely important. Many times, medical experts are necessary because the treating physicians do not want to come to trial. These medical experts are called independent medical examiners and perform I.M.E.’s (independent medical examination). The doctor chosen by the lawyer may make a substantial difference in the final outcome of the case. If your lawyer chooses a doctor that does not testify well or has a lack of experience in understanding the law as it relates to medicine then you will likely lose.
  4. Experts for economic loss are often needed. These are experts, such as accountants, CPAs, and economists. Again, the mannerism, and persuasiveness of the expert is a highly needed trait for an expert at trial. If your lawyer uses an expert that is shy at trial or unable to speak well, the likelihood of success at trial is again diminished.
  5. Accident reconstruction experts are often necessary in motor vehicle and truck related auto accidents. These experts are extremely expensive. They basically take raw data from photographs, measurements, and laser plotting to reconstruct speed, force, velocity, and energy as well as crush factors to establish how an accident actually occurred. These types of experts are extremely difficult to find because many of them do not testify well and are not understandable during testimony at time of trial. It is very important that your lawyer have the ability to find and pay for the right type of accident reconstruction expert.
  6. Depositions are a substantial factor in whether or not a person wins the case. Some lawyers do not prepare for their depositions and do not read all of the data and information. If you get a lawyer that is the type of lawyer that does not prepare very much for a deposition, then you will hurt your case. If you hire a true auto accident litigation lawyer you will obtain a lawyer that will be able to ask pointed and direct questions that will lead to the development of excellence evidence for use at trial.
  7. Automobile accidents, motorcycle accidents and trucking accidents, all relate to the determination of negligence. When you look at negligence. You must find that a duty was breached and that that breach of duty caused a person to be harmed or injured. When doing an analysis of negligence for an automobile accident. The lawyer must look to the appropriate Kansas or other state statutes and Wichita or other city municipal ordinances in order to determine what duty was breached by the other driver. A lawyer will look at some or all of the following to determine whether or not the other driver was negligent:
    • Was the other driver following too close and violating the Kansas Statutes Annotated (K.S.A.) on the distance one must remain behind another driver in front of them? Many people do not understand the simple rule of the road which is that a person should keep one car length for every 10 miles per hour between the car in front of them and their car. Thus, a person driving at sixty miles per hour should be six car lengths behind the driver in front of them. Few drivers follow this rule of the road and are negligent for causing accidents.
    • Was the other driver exercising ordinary and reasonable care for the circumstances that were present at the time of the accident? If drivers are driving too fast for the road conditions, such as rain, mist, ice, and other weather conditions, and they are deemed negligent for failing to drive at a lower and proper speed.
    • Did the other driver fail to yield right-of-way while making a left turn? Many drivers make abrupt turns without using turn signals and this violates Wichita municipal ordinances as well as Kansas state statutes.
    • Did the other driver failed to yield right-of-way to a pedestrian that was in a crosswalk, or otherwise legally on the roadway? This type of negligence often leads to injuries to persons that are walking on streets lawfully as well as to bicyclists and people in handicapped and motorized scooters.
    • Did the other driver speed and go over the speed limit or drive too fast for the present and existing road conditions? When drivers drive at a speed that is too fast for the conditions that are present, they cause accidents. Many drivers are not paying attention while they are driving and utilizing cellphones, testing devices and other similar devices which are now present in many vehicles on the dashboard near the radio. When drivers fail to pay attention and speed, auto accidents occur.
    • Did the other driver fail to warn that they are making a turn, make an abrupt stop, or do some other act of negligence which would cause another driver to become involved in an accident that was not their fault? Both auto and truck drivers make negligent mistakes, where they do not give appropriate fair warning of their intention to turn, their intention to stop, and their intention to change their mode of operation of their motor vehicle or truck. When they do that, they are negligent and cause accidents.
    • Did the other driver failed to stop or yield for a red light or yellow light? When drivers attempt to beat a light, whether it be a red light or yellow light, they cause significant accidents and damage as well as injuries to others.
    • Did the other driver fail to drive on the right side of the road? Many drivers fail to maintain their vehicle in the proper lane of travel. Oftentimes, you will see a large truck, commercial motor vehicle or semi and/or tractor-trailer weave back and forth across roadways. These drivers cause thousands of accidents per year and often cause paralysis, death and amputations.
    • Did the other driver operate their motor vehicle on a highway at a speed that was too slow, thereby causing a hazard for other travelers on the roadway who are entitled to understand that the other driver will pay due attention and care to the rules of the road and the laws of the city or State? When motorists and drivers operate at a speed which is substantially under the speed limit of the street or highway, it is foreseeable that they will cause an accident. They are negligent for operating their motor vehicles in this manner. They should be ordered to pay for all of the injuries and damages that they cause.
    • Is the other driver operating while fatigued or on medication? Many drivers of fleet vehicles and commercial motor vehicles as well as large trucks, semis and tractor-trailers will operate for many hours of driving without following the Federal Motor Carrier Safety Regulations (FMCSR.) When they do this, they are violating the hours-of- service rules. When regular car and auto drivers drive while fatigued by driving too long at night or by not getting enough sleep, they cause accidents that are usually high impact accident. When drivers drive while on prescription medication that have warnings that they should not drive when using the particular medication, they are negligent and usually found at fault for negligently causing an accident. These medications can be muscle relaxants, pain killers, anti-anxiety medications, tranquilizers, and many other harmful forms of medications that have warnings on the prescription label stating that these drivers should not drive after taking this medication. All of these actions by a driver that drives while fatigued or medicated will negligently cause auto accidents, motorcycle accidents and truck accidents.
    • Is the other driver, driving while intoxicated due to alcohol ingestion, or after taking prescription drugs or illegal street drugs? When drivers consume alcohol and/or smoke marijuana or take methamphetamine, cocaine, heroin, and other street drugs, they become reckless hazards on the highways and cause needless injuries and damage to human life. It is difficult to comprehend the level of their actions because they are made with a conscious and reckless disregard for human life and safety. In Kansas, this is known as wanton or willful conduct.
    • Did the other driver fail to keep a proper lookout? When drivers fail to keep a proper lookout, they are usually not paying attention to the roadway and others. These drivers are more focused on listening to a radio, talking to their passengers, or paying attention to young children that are distractions, they take their mind off of the traveled roadway and other autos, cycle’s and trucks. They likely do not care about what happens to others and are a major cause of auto accidents, cycle accidents and truck accidents.
    • Did the other driver negligently make a U-turn in the middle of the roadway without determining that it was safe to do so? When drivers make U-turns there is a presumption that there is a danger or hazard to their actions and they should take great extra caution and pay extreme attention to the roadway and circumstances before making a U-turn.
  8. When auto drivers are negligent, then a different standard of care applies to how you determine their fault and assess damages. That is the standard of negligence. When a driver is more than negligent and is reckless, wanton, or acting in conscious disregard of human life, these actions of a driver of a motor vehicle may lead to a finding of punitive damages in excess of the actual compensatory damages.
  9. Drivers of cars, cycles and large trucks, as well as motor carriers have duties imposed upon them to act without negligence and with due care. Many drivers do not understand the rules of the road. Many drivers of large trucks, motor carriers and fleets of vehicles, have not been trained on the appropriate defensive driving skills, such as those taught by the Smith system or from the JJ Keller manuals for defensive driving skills, which teach accidents avoidance techniques, hazard perception and awareness techniques, and other similar defensive driving skills to help prevent injuries and deaths to motorists in the United States and in Kansas.

Bradley A. Pistotnik © 2014