Kansas Truck Accident Lawyer Guide: Laws, Deadlines and Rights

A collision with a semi or delivery truck on a Kansas highway can change your life in seconds. Kansas also has rules that surprise many injured people, from its no-fault insurance system to a strict fault cutoff. This guide explains the laws that matter most after a truck crash in Kansas, the evidence to protect and how to decide whether to hire a Kansas truck accident lawyer. We do not recommend or rank any individual firm.

Kansas truck accident laws at a glance

• Filing deadline: two years for personal injury and for property damage under K.S.A. 60-513. For wrongful death, two years from the date of death.
• Fault rule: modified comparative fault under K.S.A. 60-258a. You are barred if you are 50% or more at fault.
• Insurance system: no-fault (PIP), with a threshold before you can sue the at-fault driver or carrier for non-economic damages.
• Damages: Kansas has no statutory cap on non-economic damages in ordinary injury cases, after the Kansas Supreme Court struck down the old cap in Hilburn v. Enerpipe. Wrongful death non-economic damages, however, have been limited by statute, and punitive damages are limited.
• Government defendants: claims against a Kansas city, county or other municipality require a written notice of claim before you sue, under K.S.A. 12-105b, and that notice period is much shorter than two years.

Truck crashes in Kansas: what the data shows

The Kansas Department of Transportation reported 3,663 crashes involving heavy or large trucks in its 2024 Kansas Traffic Crash Facts, out of 314 fatal crashes and 339 deaths statewide across all vehicle types. The Kansas Highway Patrol points out that about 91% of crashes in the state happen on non-interstate highways and local roads, and that Kansas has one of the largest public road systems in the country. For trucks, that means two-lane highways, county roads, grain and farm traffic during harvest, wind and long distances between towns, not only the interstate.

Nationally, NHTSA counted 5,340 deaths in crashes involving large trucks in 2024, and about 70% of the people killed were in other vehicles.

Kansas is a no-fault state: what that means

Under the Kansas Automobile Injury Reparations Act, every auto policy must include PIP benefits that pay certain losses after a crash regardless of who caused it. The Kansas Insurance Department lists the required minimums:

• $4,500 per person for medical expenses
• $4,500 for rehabilitation expenses
• $900 per month for up to one year for lost income
• $25 per day for up to one year for substitute services
• $2,000 for funeral, burial or cremation costs

PIP does not pay for pain and suffering. To sue the truck driver or trucking company for non-economic damages, your injuries generally must meet a tort threshold. Under Kansas law this includes accident-related medical expenses above $2,000, or a more serious injury such as a fracture of a weight-bearing bone, other qualifying fractures, permanent disfigurement, loss of a body part, permanent injury or loss of function, or death. How the threshold applies to your case is a question for a Kansas lawyer, because medical bills and injury type both matter.

The 50% rule: why fault arguments are so important

Trucking companies and insurers know the Kansas rule well. If they can persuade a jury that you were 50% or more responsible, your claim fails completely. At 49% or less, your award is reduced by your share. That is why photos, video, witness statements, vehicle data and the truck's electronic records are so valuable in Kansas.

Kansas also compares the fault of every party, including people who are not in the lawsuit, and each defendant pays only its own share. This makes it important to identify everyone who contributed to the crash, rather than looking only at the driver.

Who may be responsible for a Kansas truck crash

• The truck driver for speeding, distraction, fatigue or impairment.
• The trucking company, which can be responsible for its employee and for negligent hiring, training, scheduling or maintenance.
• A cargo loader or shipper if overloaded or unsecured freight contributed.
• A maintenance company or parts maker if brakes, tires or other equipment failed.
• A broker, in limited situations involving unsafe carrier selection.
• A government body, where road design, signals or maintenance played a role, subject to the notice rules above.

Insurance in a Kansas truck crash

Kansas requires personal vehicles to carry at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage. Commercial trucks are different. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Your own uninsured and underinsured motorist coverage, which Kansas requires at 25/50, may also apply in some situations.

Evidence that matters in a Kansas truck case

• The crash report from the investigating agency (Kansas Highway Patrol, county sheriff or city police)
• Photos of the scene, the truck, its markings and the USDOT number
• The driver's hours-of-service records. Federal rules limit driving time, and carriers generally must keep logs for only six months.
• Dash camera video, engine data and maintenance records
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system using the USDOT number. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering, subject to the no-fault threshold
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for the family

No one can promise a result. The value depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Kansas

1. Call 911 and get medical care, even if you feel fine. On the Kansas Turnpike or highways you can also reach the Kansas Highway Patrol.
2. Photograph everything, including the truck and its USDOT number.
3. Report the crash to your own insurer so your PIP claim can start.
4. Do not discuss fault or give a recorded statement to the trucking company's insurer without advice.
5. Speak to a Kansas truck accident attorney early.

Choosing a Kansas truck accident lawyer

Confirm the lawyer is licensed in Kansas, ask about their experience with commercial trucking cases and the no-fault threshold, and get the fee agreement in writing. Many injury lawyers work on a contingency basis, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees before you sign, and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Kansas attorney. We do not endorse any law firm.

Frequently asked questions