Truck Accident Claims in Kansas
The safety and insurance rules for trucks in Kansas, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Public and private motor carriers operating on Kansas highways must follow safety rules adopted by the Kansas Corporation Commission, which include keeping vehicles in safe condition, hours of service fixed by the commission, accident reporting and federal-consistent hazardous-materials… K.S.A. 66-1,129(a), (c)
| Truck safety and insurance rules | Public and private motor carriers operating on Kansas highways must follow safety rules adopted by the Kansas Corporation Commission, which include keeping vehicles in safe condition, hours of service fixed by the commission, accident reporting and federal-consistent hazardous-materials rules; the commission's rules adopt 49 C.F.R. parts 390-399 by reference, with listed intrastate exemptions (for example certain farmers hauling their own livestock or farm products). Intrastate drivers must be at least 18. A Kansas minimum insurance amount for intrastate trucks was not verified; interstate carriers must meet federal minimums (49 C.F.R. 387.9). Source: K.S.A. 66-1,129(a), (c) |
|---|---|
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). An injured party can recover only if his or her negligence was less than the negligence of the party or parties being sued; damages are reduced in proportion to his or her negligence. In a wrongful death case, the deceased person's negligence is imputed to the person claiming damages. Source: Kan. Stat. Ann. § 60-258a(a) |
| Damage caps | In wrongful death cases, damages other than the heirs' pecuniary (financial) losses may not exceed $250,000 in total, plus costs; the jury is not told about the limit. The statutes also contain a cap on non-economic damages in personal injury cases ($350,000 for claims accruing on or after July 1, 2022), but the Revisor's annotations to that section note that the Kansas Supreme Court held this cap to be an unconstitutional violation of the right to trial by jury in Hilburn v. Enerpipe Ltd. (2019). |
| Deadline to sue for an injury | A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. The time generally starts when the act first causes substantial injury, or when the injury becomes reasonably ascertainable if that is later, but no lawsuit may be filed more than 10 years after the act that caused it. |
More Kansas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Kansas
- Wrongful Death Lawsuits in Kansas
- Medical Malpractice Rules in Kansas
- Car Accident Claims in Kansas
- Dog Bite Liability in Kansas
- Motorcycle Accident Claims in Kansas
- Pedestrian Accident Claims in Kansas
- Bicycle Accident Claims in Kansas
- Uber and Lyft Accident Claims in Kansas
- Construction Site Injuries in Kansas
- All Kansas personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Kansas?
Public and private motor carriers operating on Kansas highways must follow safety rules adopted by the Kansas Corporation Commission, which include keeping vehicles in safe condition, hours of service fixed by the commission, accident reporting and federal-consistent hazardous-materials rules; the commission's rules adopt 49 C.F.R. parts 390-399 by reference, with listed intrastate exemptions (for example certain farmers hauling their own livestock or farm products). Intrastate drivers must be at least 18. A Kansas minimum insurance amount for intrastate trucks was not verified; interstate carriers must meet federal minimums (49 C.F.R. 387.9).
Can you recover damages if you were partly at fault in Kansas?
Modified comparative negligence (50% bar). An injured party can recover only if his or her negligence was less than the negligence of the party or parties being sued; damages are reduced in proportion to his or her negligence. In a wrongful death case, the deceased person's negligence is imputed to the person claiming damages.
Does Kansas cap damages in personal injury cases?
In wrongful death cases, damages other than the heirs' pecuniary (financial) losses may not exceed $250,000 in total, plus costs; the jury is not told about the limit. The statutes also contain a cap on non-economic damages in personal injury cases ($350,000 for claims accruing on or after July 1, 2022), but the Revisor's annotations to that section note that the Kansas Supreme Court held this cap to be an unconstitutional violation of the right to trial by jury in Hilburn v. Enerpipe Ltd. (2019).
What is the statute of limitations for personal injury in Kansas?
A lawsuit for injury to the rights of another not arising from a contract (which includes personal injury) must be filed within two years. The time generally starts when the act first causes substantial injury, or when the injury becomes reasonably ascertainable if that is later, but no lawsuit may be filed more than 10 years after the act that caused it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.