Brad Pistotnik Law
Abogado El Toro

What Evidence Can be Used When Determining Fault?

What evidence can be used when determining fault for an automobile accident? How is fault determined, and is there always a question as to who is at fault for causing an accident? There are many different answers to these questions and some of them depend on the type of accident that occurred. In all personal injury cases, the burden of proof rests with the plaintiff. In order to prevail in a claim, it is necessary for the plaintiff to first establish the fault of the other motorist, and second, to demonstrate the damages that were incurred as a result of the other motorist's actions including medical expenses, lost wages, and impact to quality of life. Fault can be proven easily by getting witnesses and more importantly, by getting an admission out of the defendant. Ask the driver that hit you why they did not stop or why they turned left. The answer may be they were looking at their phone, text, or mapping instructions.

For example, the 1,214 individuals who died in Kansas DUI accidents between 2003 and 2012 are considered to have died in clear fault cases. The DUI makes the negligent act become wanton and reckless.

When fault is in question, it is crucial to present solid photographic and video evidence of the scene of the collision and the damage to individuals, vehicles, and other property involved in the accident. This includes utilizing any video surveillance footage that may have captured the accident as it occurred, and photographs taken at the scene of the accident. It is also important to gather eyewitness statements and secure the contact information of eyewitnesses so that they may be called upon to present testimony during a deposition or during trial.

Kansas is a comparative negligence state. This means that fault can be assigned to more than one person involved in an accident. For example, a driver can be found 40% at fault in a bicycle accident, while the cyclist can be found 20% at fault and the homeowner whose car was blocking the bike lane can be found 20% at fault. Depending on the factors causing the crash, numerous individuals and entities can be joined and apportioned liability. Essentially, several different parties may be assigned a share of the liability which is used to calculate how much each party is responsible for when determining the settlement. When determining fault for an accident, investigators will consider photographic evidence, eyewitness statements, and other physical evidence such as damages to the vehicle that establishes the course of events that led to personal injuries, property damage, and wrongful deaths.

In addition to determining fault, it is crucial to gather and present evidence that establishes the impact of the accident on the individual's physical health, ability to work, vehicle/property repairs, and lifestyle. This requires undergoing thorough medical examinations and preserving evidence including medical records, pay stubs, tax returns, insurance claims, and repair bills. It may also require the presentation of expert testimony that can establish the impact to the individual's life, the individual's long-term recovery prospects including their estimated future medical expenses and overall lifetime earning capacity. Many lawyers and attorneys do not want to spend the money that an expert requires. If your attorney will not spend the necessary monies it takes to prove your case then you need a lawyer who will spend the time, monies and energy to prove your case.

Brad Pistotnik Law represents clients involved in automobile accidents in Wichita, Liberal, Dodge City, Garden City, Salina, Kearney, Colby, Hays, Wellington, Arkansas City, Manhattan, Enid, Guymon, Lincoln, Omaha, Junction City, Manhattan, Lawrence, Winfield, Arkansas City, Chicago and throughout Kansas, Oklahoma, Nebraska, Missouri, and Illinois. When determining fault for an accident, our office gathers and presents the evidence that helps clients pursue thier claims and secure compensation to cover the medical care for their personal injuries, property damage, and other expenses they have sustained as a result of the accident.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206.