Brad Pistotnik Law
Abogado El Toro

What is the law in Kansas on subsequent remedial measures and post-accident investigations?

Even though K.S.A. 60-401 prohibits the admission of subsequent remedial measures to prove negligence or culpable conduct, post-accident investigative reports or tests are admissible and are not subsequent remedial measures that fall within the purview of K.S.A. 60-451. The Kansas Supreme Court has noted that subsequent remedial measure evidence may be admissible for other relevant purposes. Bullock v. BN S.F. Ry. Co. 306 Kan. 916, 399 P.3d 148, (Kan. 2015). In this case the court noted that a post-event investigation from an employer is admissible. The Kansas Supreme Court discussed the fact that a post-investigative accident report that stated conclusions by the defendant BNSF, a majority of the post-event investigation report was admissible. The Kansas Court of Appeals and the Kansas Supreme Court both concluded that post-event investigative tests and reports are not subsequent remedial measures and are admissible as evidence. The court also stated that it is not unusual for some evidence to include information that is permissible, such as investigative conclusions. This was a root cause admission that became admissible. The Kansas Supreme Court also held some parts of the post-event can be deemed inadmissible if they are construed to be in the form of post-accident discipline. Thus, plaintiff has to be careful about how they present specific evidence regarding an employer’s post-accident investigation.

Brad Pistotnik Law and our group of lawyers are highly trained in the area of negligent hiring, negligent supervision, negligent training, negligent qualification and negligent retention of a bad employee. In Kansas, these types of claims are secondary causes of action which are new and distinct causes of action in addition to the original negligent act. Why do you want to take 2 bites at the apple? You want to do this because the jury needs to understand why the accident occurred and how easily it could have been prevented. We file tractor-trailer accident cases which are also called 18-wheeler trucking cases, big rig accident cases and other motor carrier lawsuits on a regular basis. At any given time our truck accident lawyers and truck accident attorneys will have several of these large motor carrier cases filed in court. We work on cases that involve Fleet Safety where a business has no safety program to teach defensive driving or accident awareness to its employees and they have a wreck and cause severe injury or wrongful death. This type of case analysis works was school bus cases, cab companies, construction companies, motor carriers and the motor carrier industry and just about every single type of business that has more than one business vehicle that is traveling over intrastate or interstate roads.

The Federal motor carrier safety Regulations are found under 49 CFR §380 through 399 and are generally called the FMCSR. The DOT and the Federal Motor Carrier Safety Administration (FMCSA) enforce these laws and keep track of the motor carrier’s history of violating the CSA BASICs. When you go to a lawyer after a severe large truck accident you should inquire of the lawyer as to their knowledge and competence regarding the safety regulations that are written to provide minimum duties to motor carriers in interstate and interstate transportation and ask if they have any books in their office on the topic. If the truck accident lawyer or attorney doesn’t have any books that they can show you on fleet management, trucking safety guide books, the green safety pocketbook that all truck drivers must carry on safety regulations and similar books from the Smith system and the JJ Keller and Company systems, it is likely that they are not readily trained in the laws and regulations surrounding trucking cases and large motor carrier cases which is extremely complex. You need a highly trained and experienced truck accide3nt lawyer that knows these laws in order to be on the winning side.

Brad Pistotnik Law works across the State of Kansas as well as Nebraska, Illinois, Missouri and Oklahoma. We presently have 18 lawyers, case managers, paralegals, legal assistants and customer care employees for legal cases. We have one office in Wichita and a new office opening in Garden City, Kansas. We work across the State of Kansas and will drive or fly to your home or hospital, even if it is outside of the State of Kansas and we will get there as fast as we can.

Remember, that in trucking cases the insurance carrier for the motor carrier that caused your accident will have its own special set of investigators from the insurance company at the accident scene within an hour or two of the accident and you need to hire a truck accident attorney or truck accident lawyer rapidly because evidence is lost quickly. I know of one local adjuster that has changed the scene and then taken photographs that were contrary to the photographs taken by the Kansas Highway Patrol to make it look like the plaintiff was at fault when they were not. This type of shenanigans is not okay and you have to have a trained lawyer that recognizes what a truck accident scene for a tractor-trailer looks like. Your lawyer able to study the photographs should be able to study the photos taken by the insurance company and compare those taken by the Highway Patrol or law enforcement. Many times, the insurance company changes the scene before they photograph. This type of fraudulent conduct is not okay and can cause you to lose your case.

Whether you live in Wichita, Garden City, Oklahoma City, Enid, Kearney, Omaha, Lincoln, Kansas City, Salina, St. Francis, Colby, Garden City, Blackwell, Enid, Guymon, Tonkawa, Tulsa, Oklahoma City, Chicago, Decatur, Springfield, St. Joseph, Bird City, Satanta, Ulysses, Manhattan, Lawrence, Wellington, Winfield, Arkansas City, Newton, Salina, Junction City, Pittsburg, Coffeyville, Ozark City or anywhere else we will come to you when you are severely injured and need our help. We are open seven days a week and answer the phone 24 hours a day even on holidays, Saturdays and Sundays. We answer the phone at night when many other lawyers are closed and have an answering service. We do not use answering services. One of our trained truck accident lawyers answers the phone after five p.m. every day of the week and on the weekends and holidays.

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. Our new office on E. Kansas Avenue near Sam’s Club and The Home Depot in Garden City, Kansas opens in February 2018.