Kansas
Kansas Hit and Run Laws: Penalties and What to Do
Kansas classifies hit-and-run offenses under K.S.A. 8-1602, ranging from a traffic misdemeanor for minor property damage to a severity level 3 person felony for fatal crashes involving multiple deaths. HB 2665, effective July 1, 2024, raised penalties for drivers who knew or should have known an accident caused injury or death.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Kansas Car Accident Settlement Calculator.
Last verified: March 2026. This guide reflects current Kansas law under K.S.A. 8-1602 through 8-1605, as amended by HB 2665 (L. 2024, ch. 51), effective July 1, 2024.
What Is a Hit and Run in Kansas?
A hit and run occurs when a driver involved in a traffic accident fails to stop, identify themselves, or fulfill other legal duties required by Kansas law. Kansas statutes impose strict obligations on every driver who is involved in a crash, whether it results in property damage, bodily injury, or death.
The primary statutes governing hit and run offenses in Kansas are K.S.A. 8-1602 (accidents involving death or personal injury), K.S.A. 8-1604 (duty to provide information and render aid), and K.S.A. 8-1605 (duty upon damaging unattended vehicles or property).
These laws apply to every driver on Kansas roads, including out-of-state drivers and those holding nonresident operating privileges.
Kansas Hit and Run Penalties
Kansas imposes graduated penalties based on the severity of harm caused by the accident. The 2024 legislative session brought significant changes through HB 2665, which increased penalties for fatal hit and run crashes.
Penalty Table by Offense Level
| Offense Type | Classification | Guidelines Range (No Record to Most Serious Record) |
|---|---|---|
| Property damage under $1,000 | Traffic misdemeanor | Fine per K.S.A. 8-2116 |
| Injury or property damage $1,000+ | Class A person misdemeanor | Up to 12 months jail, up to $2,500 fine |
| Great bodily harm | Severity level 8 person felony | 7 to 23 months |
| Death (driver did not know) | Severity level 6 person felony | 17 to 46 months |
| Death (driver knew or should have known) | Severity level 4 person felony | 38 to 172 months |
| Multiple deaths (driver knew or should have known) | Severity level 3 person felony | 55 to 247 months |
The felony ranges above span the full row of the nondrug sentencing grid in K.S.A. 21-6804, from an offender with no record or one misdemeanor (column I) to an offender with three or more prior person felonies (column A). For an offender in column I, the grid ranges are 7 to 9 months at severity level 8, 17 to 19 months at level 6, 38 to 43 months at level 4, and 55 to 61 months at level 3. The Kansas Sentencing Guidelines use a grid system where the actual sentence depends on both the severity level of the crime and the defendant's criminal history category.
Understanding the Severity Levels
The Kansas sentencing grid assigns each felony a severity level from 1 (most serious) to 10 (least serious). Each grid box contains three numbers: a minimum, a presumptive (standard), and a maximum sentence in months.
A dispositional line on the grid separates presumptive prison boxes from presumptive probation boxes. For the hit and run levels, severity level 4 and 3 offenses are presumptive prison in every criminal history column. Severity level 6 is presumptive prison only for offenders in columns A through F, a border box in column G, and presumptive probation in columns H and I. Severity level 8 is presumptive prison only in columns A and B (two or more prior person felonies) and presumptive probation otherwise. A judge who departs from the presumptive disposition must find substantial and compelling reasons.
2024 Legislative Changes (HB 2665)
HB 2665, effective July 1, 2024, specifically increased penalties for drivers who leave the scene of a fatal crash. Before this amendment, the penalty structure did not distinguish as sharply between cases where the driver knew about the death and cases where they did not.
Under the current law, if prosecutors can show the driver knew or reasonably should have known the accident resulted in injury or death, the charge jumps from a severity level 6 felony to a severity level 4 felony. For multiple deaths under those same circumstances, the charge rises to a severity level 3 felony.
Driver Duties After an Accident in Kansas
K.S.A. 8-1604 spells out the specific obligations every driver must fulfill after an accident. Failure to complete any of these duties can result in a hit and run charge.
Immediate Obligations
Every driver involved in an accident must take the following steps:
Stop immediately. You must stop your vehicle at the scene of the accident or as close to it as possible. If you stop away from the accident, you must return to the scene immediately.
Remain at the scene. You must stay at the scene until you have fulfilled all of the duties listed below. Leaving before completing these requirements is the act that triggers a hit and run charge.
Provide identification. You must give your name, address, and vehicle registration number to any injured person, the driver or occupant of any damaged vehicle, or any person attending damaged property.
Show your license and insurance. Upon request, you must display your driver's license or permit. You must also provide the name of your insurance company and your policy number.
Assess whether anyone needs help. You must make reasonable efforts to determine if any person involved in the accident was injured or killed.
Render reasonable assistance. If someone is injured and needs medical attention, you must arrange for transportation to a physician, surgeon, or hospital. This can include calling emergency services or driving the injured person yourself if the situation requires it.
Reporting Requirements
Kansas law requires prompt reporting of accidents to police. The specific requirements depend on the circumstances:
When no police officer is present: The driver (or any vehicle occupant 18 years or older) must immediately report the accident using the "quickest available means of communication" to the nearest office of a duly authorized police authority. This applies when there is apparent property damage of $1,000 or more, or when any person is injured or killed.
Duly authorized police authorities include local police departments, county sheriff's offices, and the Kansas Highway Patrol.
When police are present: Officers at the scene will handle the report. You must still provide all required identification and insurance information.
Property Damage Hit and Run Offenses
Kansas law treats property damage cases differently depending on the dollar amount involved and whether the damaged property was attended or unattended.
Attended Vehicle or Property
When you hit an attended vehicle (one with a driver or occupant present) or attended property:
- Under $1,000 damage: Traffic misdemeanor with a fine only
- $1,000 or more damage: Class A person misdemeanor, carrying up to 12 months in jail and up to $2,500 in fines
Unattended Vehicle or Property (K.S.A. 8-1605)
K.S.A. 8-1605 addresses situations where you hit a parked vehicle, mailbox, fence, or other unattended property. Your duties are:
- Stop immediately
- Locate and notify the owner of the damaged vehicle or property, providing your name, address, and vehicle registration number
- If the owner cannot be found, leave a written note with your contact information securely attached in a conspicuous place on the damaged vehicle or property
- Report to police without unnecessary delay by notifying the nearest office of a duly authorized police authority
Failing to comply with these duties when damaging unattended property is a misdemeanor punishable under K.S.A. 8-2116.
Injury and Death Hit and Run Offenses
The most serious hit and run charges arise when the accident causes physical harm or death. Kansas law creates several tiers based on the extent of injury and the driver's knowledge.
Injury Accidents
When an accident causes any injury to a person and the driver leaves without fulfilling legal duties, the offense is a Class A person misdemeanor. This carries up to 12 months in county jail and a fine of up to $2,500.
Great Bodily Harm
When the accident causes "great bodily harm," the charge escalates to a severity level 8 person felony. Under Kansas law, "great bodily harm" means injury that creates a high probability of death, causes serious and permanent disfigurement, or results in the loss or impairment of the function of any body member or organ.
The sentencing grid range for a severity level 8 person felony runs from 7 to 9 months for an offender with no prior record up to 19 to 23 months for an offender with three or more prior person felonies. For offenders without at least two prior person felonies, the presumptive disposition is probation.
Fatal Accidents
Fatal hit and run cases carry the heaviest penalties. The charge level depends on what the driver knew or should have known:
Severity level 6 person felony: The accident caused a death, but there is no evidence the driver knew or should have known the accident resulted in death. Grid range: 17 to 19 months with no prior record, up to 40 to 46 months with the most serious criminal history.
Severity level 4 person felony: The driver knew or reasonably should have known the accident resulted in injury or death of any person. Grid range: 38 to 43 months with no prior record, up to 154 to 172 months with the most serious criminal history.
Severity level 3 person felony: The accident resulted in the death of more than one person, and the driver knew or reasonably should have known about the injuries or deaths. Grid range: 55 to 61 months with no prior record, up to 221 to 247 months with the most serious criminal history.
License Revocation and SR-22 Requirements
A hit and run conviction in Kansas can carry serious consequences for your driving privileges.
License Revocation
K.S.A. 8-1602(c) is discretionary: the director may revoke the license, permit to drive, or nonresident operating privilege of any person convicted of violating that section. The mandatory rule comes from a different statute. Under K.S.A. 8-254(a)(4), the Division of Vehicles shall revoke driving privileges after a final conviction for failure to stop and render aid in a crash resulting in the death or personal injury of another. Under 8-254(b), the court may place restrictions on driving privileges instead, unless the violation was committed in a commercial motor vehicle. Division of Vehicles guidance describes a 90-day revocation unless the court orders a suspension or restriction instead.
SR-22 Insurance Filing
After a hit and run revocation, you must file an SR-22 certificate of financial responsibility with the Kansas Division of Vehicles before your driving privileges can be restored. You are required to maintain SR-22 insurance for at least 12 continuous months.
If your SR-22 policy lapses or is canceled during the required period, your insurance provider must notify the state. This will result in another suspension of your driving privileges until you obtain a new SR-22.
Reinstatement Process
To regain your license after a hit and run revocation, you must:
- Wait until the revocation period ends
- Obtain an SR-22 insurance policy
- Pay any reinstatement fees to the Kansas Division of Vehicles
- Complete any court-ordered requirements
Statute of Limitations
Criminal Charges
Under K.S.A. 21-5107, Kansas imposes a five-year statute of limitations for both felony and misdemeanor offenses, including hit and run charges. Prosecutors must file charges within five years of the date the offense was committed.
There is no statute of limitations for murder charges. If a hit and run fatality leads to a separate murder charge (for example, if evidence shows the driver intentionally caused the crash), that charge has no time limit.
Civil Lawsuits
For civil claims arising from a hit and run accident, Kansas applies a two-year statute of limitations under K.S.A. 60-513. This means you have two years from the date of the accident to file a personal injury or property damage lawsuit. If the victim dies, the two-year period for a wrongful death claim begins at the time of death. If a fleeing driver injured you, have a Kansas car accident lawyer weigh your PIP, UM, and lawsuit options in a free claim review while that window is open (attorney advertising).
Kansas No-Fault Insurance and Hit and Run Claims
Kansas is a no-fault insurance state, which affects how accident claims are handled after a hit and run.
Personal Injury Protection (PIP)
Under K.S.A. 40-3109, every auto insurance policy in Kansas must include Personal Injury Protection (PIP) coverage. The minimum PIP benefits are:
| Benefit Type | Minimum Coverage |
|---|---|
| Medical expenses | $4,500 per person |
| Disability/lost income | $900 per month (up to 1 year) |
| In-home services | $25 per day |
| Funeral/burial expenses | $2,000 |
After a hit and run, your own PIP coverage pays for your medical bills and certain out-of-pocket losses regardless of who caused the accident. You do not need to identify the other driver to use PIP benefits.
When You Can Sue Beyond PIP
PIP benefits do not cover pain and suffering or other non-economic damages. You can step outside the no-fault system and pursue a claim against the at-fault driver if:
- Your injury required medical treatment with a reasonable value of $2,000 or more, a tort threshold under K.S.A. 40-3117 that is separate from the PIP benefit limits
- Your injury includes permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death
Meeting one of these thresholds is what allows a claim for pain, suffering, and other non-economic losses.
Uninsured/Underinsured Motorist Coverage
If you are the victim of a hit and run and the other driver cannot be identified, your uninsured motorist (UM) coverage becomes critical. UM coverage can pay for medical expenses beyond your PIP limits and compensate you for pain and suffering.
Comparative Fault
Kansas follows a modified comparative fault rule under K.S.A. 60-258a. If you are less than 50% at fault for the accident, you can recover damages, but your award will be reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover any damages from the other party.
Possible Defenses to Hit and Run Charges
Prosecutors must prove that you were involved in an accident, that you knew (or should have known) about the accident, and that you knowingly left the scene without fulfilling your legal duties. Several defenses may apply:
Lack of knowledge. You genuinely did not know an accident occurred. This is more plausible in minor contact situations or loud traffic environments.
Safety concerns. You left the scene because you reasonably feared for your physical safety. Kansas courts have recognized this defense in situations involving hostile or threatening behavior by other parties at the scene.
Compliance with duties. You actually stopped and fulfilled all of your legal obligations, but a misunderstanding led to the charges.
Not the driver. Someone else was operating your vehicle at the time of the accident.
Stopped nearby. You stopped as close to the scene as safely possible and returned to fulfill your duties, which satisfies the statutory requirement.
Voluntary return. While not a complete defense, voluntarily returning to the scene or contacting police shortly after leaving may be considered a mitigating factor during sentencing.
Kansas Crash Statistics
According to the Kansas Department of Transportation and IIHS data:
2024 results: Kansas recorded approximately 347 traffic fatalities, the lowest number since record-keeping began in 1947. This continued a four-year downward trend from a peak of 426 deaths in 2020.
2023 data (most recent complete year):
- Total traffic fatalities: 387
- Death rate: 13.2 per 100,000 population
- Death rate per miles traveled: 1.22 per 100 million vehicle miles
- Vehicle miles traveled: 31.8 billion miles
2023 fatalities by road user type:
| Road User | Deaths | Percentage |
|---|---|---|
| Car occupants | 141 | 36% |
| Pickup and SUV occupants | 131 | 34% |
| Motorcyclists | 42 | 11% |
| Pedestrians | 38 | 10% |
| Bicyclists | 6 | 2% |
| Other | 29 | 7% |
A notable characteristic of Kansas crash data is that 61% of fatalities occur on rural roads, reflecting the state's geography and road network.
Steps to Take If You Are Involved in a Hit and Run
If You Were the Victim
- Call 911 immediately if anyone is injured
- Note as many details as possible about the other vehicle: make, model, color, license plate, direction of travel
- Look for witnesses and get their contact information
- Take photos of the damage, the scene, and any debris left behind
- File a police report as soon as possible
- Contact your insurance company to report the claim and activate your PIP benefits
- Seek medical attention even if you feel fine, as some injuries are not immediately apparent
- Consult an attorney if you suffered serious injuries
If You Left the Scene
If you left the scene of an accident without fulfilling your duties, the best course of action is to:
- Return to the scene if it is safe to do so
- Contact police as soon as possible to report the accident
- Consult a criminal defense attorney before making any statements
- Do not destroy evidence such as vehicle damage or clothing
Voluntarily reporting the accident does not eliminate potential charges, but it may be considered favorably during plea negotiations and sentencing.
More Kansas Laws
Frequently Asked Questions
Can you go to jail for a hit and run in Kansas?
Yes. A hit and run involving injury or property damage of $1,000 or more is a Class A person misdemeanor, carrying up to 12 months in jail. Felony charges for great bodily harm or death carry potential prison sentences ranging from 7 months to over 20 years depending on the severity level and the defendant's criminal history.
What is the statute of limitations for hit and run in Kansas?
Kansas imposes a five-year criminal statute of limitations for both felony and misdemeanor hit and run charges under K.S.A. 21-5107. For civil lawsuits seeking damages from a hit and run accident, you have two years from the date of the accident (or from the date of death in wrongful death cases) to file a claim.
What should I do if the other driver left the scene of an accident?
Call 911 if anyone is injured. Record as many details as possible about the other vehicle, including make, model, color, and license plate number. Look for witnesses and take photos of the scene. File a police report and contact your insurance company to activate your PIP benefits. Your uninsured motorist coverage can help if the other driver cannot be identified.
Will my license be revoked for a hit and run conviction in Kansas?
Likely. K.S.A. 8-254 requires revocation after a conviction for failing to stop and render aid in a crash that injured or killed someone, and Division of Vehicles guidance describes a 90-day revocation unless the court restricts or suspends driving privileges instead. For other violations of K.S.A. 8-1602, the director may revoke. After the revocation period, you must file an SR-22 certificate of financial responsibility and maintain SR-22 insurance for at least 12 continuous months before your driving privileges can be fully restored.
Does Kansas have a no-fault insurance system for car accidents?
Yes. Kansas requires all auto insurance policies to include Personal Injury Protection (PIP) coverage with minimums of $4,500 for medical expenses, $900 per month for lost income, and $25 per day for in-home services. After a hit and run, your own PIP coverage pays for your initial medical bills regardless of fault. You can pursue additional claims against the at-fault driver if your injuries meet certain thresholds.
Updates
Corrected the felony sentencing ranges and probation-versus-prison presumptions, the lowest-tier offense classification, the statutory source of mandatory license revocation, the no-fault tort threshold, and the statutory duty to stop.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 8: AUTOMOBILES AND OTHER VEHICLES
§ 8-1602Accident involving death or personal injury; duties of drivers, reports; criminal penalties for violations; revocation of license, permit or driving privileges.In force
(a) The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of K.S.A. 8-1604, and amendments thereto. (b) Violation of subsection (a) when an accident results in: (1) Total property damages of less than $1,000 is a misdemeanor and, upon conviction, shall be punished as provided in K.S.A. 8-2116, and amendments thereto. (2) Injury to any person or total property damages of $1,000 or more is a class A person misdemeanor. (3) Great bodily harm to any person is a severity level 8, person felony. (4) The death of any person is a severity level 6, person felony, except as provided in subsections (b)(5) and (b)(6). (5) The death of any person, if the driver knew or reasonably should have known that such accident resulted in injury or death, is a severity level 4, person felony, except as provided in subsection (b)(6).
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ksrevisor.gov
§ 8-1604Duty of driver to give certain information after accident; failure to provide proof of liability insurance or financial security; duty to render aid after accident; proof of liability insurance or financial security by electronic means, restrictions.In force
(a) (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person, or damage to any attended vehicle or property, shall give such driver's name, address and the registration number of the vehicle such driver is driving, and upon request shall exhibit such driver's license or permit to drive, the name of the company with which there is in effect a policy of motor vehicle liability insurance covering the vehicle involved in the accident and the policy number of such policy to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident, and shall give such information and upon request exhibit such license or permit and the name of the insurer and policy number to any police officer at the scene of the accident or who is investigating the accident.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 8-1605Duty of driver upon damaging unattended vehicle or other property; misdemeanor.In force
(a) The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver's name, address and the registration number of the vehicle such driver was driving, or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving such driver's name, address and the registration number of the vehicle such driver was driving, and without unnecessary delay shall notify the nearest office of a duly authorized police authority. Violation of this subsection is a misdemeanor and, upon conviction shall be punished as provided in K.S.A. 8-2116, and amendments thereto. (b) The driver under subsection (a), if possible, shall comply with the provisions of K.S.A. 8-15,107, and amendments thereto.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 8-2116Classification of violations; traffic infractions; misdemeanors; repeat misdemeanor offenses.In force
(a) Every person convicted of violating K.S.A. 8-2503, and amendments thereto, or violating any of the sections listed in the uniform fine schedule in K.S.A. 8-2118, and amendments thereto, is guilty of a traffic infraction. (b) Except where another penalty or class of misdemeanor is provided by statute, every person convicted of violating any provision of the uniform act regulating traffic on highways designated as a misdemeanor is guilty of a class C misdemeanor, except that upon a second such offense committed within one year after the date of the first such offense, upon conviction thereof, such person is guilty of a class B misdemeanor, and upon a third or subsequent such offense committed within one year after the first such offense, upon conviction thereof, such person is guilty of a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Kansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS
§ 21-5107Time limitations for commencement of prosecution.In forcecited in 2 of our articles
(a) (1) A prosecution for any of the following crimes may be commenced at any time: (A) Rape as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto; (B) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto; (C) murder as described in K.S.A. 21-3401, 21-3402 or 21-3439, prior to their repeal, or K.S.A. 21-5401, 21-5402 or 21-5403, and amendments thereto; (D) terrorism as defined in K.S.A. 21-3449, prior to its repeal, or K.S.A. 21-5421, and amendments thereto; or (E) illegal use of weapons of mass destruction as defined in K.S.A. 21-3450, prior to its repeal, or K.S.A. 21-5422, and amendments thereto. (2) A prosecution for childhood sexual abuse may be commenced at any time. As used in this paragraph, "childhood sexual abuse" means any of the following crimes when the victim is under 18 years of age: (A) Indecent liberties with a child as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto; (B) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Inkelaar (Supreme Court of Kansas 2011, 293 Kan. 414)“…evant to the crimes at issue, K.S.A. 21-3106 (recodified at K.S.A. 21-5107, effective July 1, 2011, see L.2010, ch…”
- State v. Marks (Court of Appeals of Kansas 2025)“…was filed within the applicable statute of limitations. See K.S.A. 21-5107. Marks argues that because the State's…”
- State v. Franklin (Court of Appeals of Kansas 2024)“…and that it did not fall under any exempt substances under K.S.A. 21-5107. 2023 WL 5163292, at *3. This court fou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Statute of Limitations: Filing Deadlines by Case Type
§ 21-6804Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.In forcecited in 9 of our articles
(a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. The following sentencing guidelines grid shall be applicable to nondrug felony crimes: (b) Sentences expressed in the sentencing guidelines grid for nondrug crimes represent months of imprisonment. (c) The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. The grid's vertical axis is the crime severity scale which classifies current crimes of conviction. The grid's horizontal axis is the criminal history scale which classifies criminal histories. (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history. (e) (1) The sentencing court has discretion to sentence at any place within the sentencing range.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lamia-Beck (Supreme Court of Kansas 2024, 549 P.3d 1103)“…grid block for an offender classified in that grid block;" K.S.A. 21-6804(a), which holds Lamia-Beck's grid block…”
- State v. Smith (Court of Appeals of Kansas 2024)“…ts to the components of a "complete sentence" identified in K.S.A. 21-6804(e)(2): "the complete sentence . . . sha…”
- State v. Fleming (Supreme Court of Kansas 2018, 423 P.3d 506)“…rity level 3 person felony, in violation of K.S.A. 21-5420, K.S.A. 21-6804 and K.S.A. 21-6807 (aggravated r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Security Camera Laws, Kansas Voyeurism Laws, Kansas Workplace Recording Laws
Kansas Statutes Annotated, Chapter 60: PROCEDURE, CIVIL
§ 60-513Actions limited to two years.In forcecited in 13 of our articles
(a) The following actions shall be brought within two years: (1) An action for trespass upon real property. (2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof. (3) An action for relief on the ground of fraud, but the cause of action shall not be deemed to have accrued until the fraud is discovered. (4) An action for injury to the rights of another, not arising on contract, and not herein enumerated. (5) An action for wrongful death. (6) An action to recover for an ionizing radiation injury as provided in K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto. (7) An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 762 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Martindale v. Tenny (Supreme Court of Kansas 1992, 250 Kan. 621)“…two-year and four-year statutes of limitation set forth in K.S.A. 60-513(a)(7) and K.S.A. 60-513(c) barred the a…”
- Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc. (Supreme Court of Kansas 1997, 262 Kan. 635)“…der the general statutes of limitations of K.S.A 60-512 and K.S.A. 60-513. The parties framed the issues in such…”
- Samsel v. Wheeler Transport Services, Inc. (Supreme Court of Kansas 1990, 246 Kan. 336)“…imitations was shortened as to medical malpractice actions (K.S.A. 60-513); and the collateral source rule was mo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Dog Bite Laws: Liability and Victim Rights, Kansas Recording Laws (2026): One-Party Consent Rules, Kansas Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026)
§ 60-258aComparative negligence.In forcecited in 10 of our articles
(a) Effect of contributory negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party. (b) Special verdicts or findings required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment. (c) Joining additional parties.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 247 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Brown v. Keill (1978) held that under K.S.A. 60-258a joint and several liability no longer applies, each defendant paying in proportion to its own fault, with the fault of persons not joined still compared. Kennedy v. City of Sawyer (1980) applied those comparative fault principles to strict liability and implied warranty claims.
Opinions citing this section in our collection:
- Brown v. Keill (Supreme Court of Kansas 1978, 224 Kan. 195)✓A car owner sued the other driver over damage to his Jaguar; his son drove it and drew 90 percent of the fault at trial. The court held K.S.A. 60-258a abolished joint and several liability, capping the defendant at 10 percent, and let the unjoined son's fault be compared.
- Kennedy v. City of Sawyer (Supreme Court of Kansas 1980, 228 Kan. 439)✓A city employee sprayed an arsenic herbicide by its sewage lagoons and neighboring cattle died. Reading K.S.A. 60-258a, the court held its fault comparison reaches products claims joined with negligence, and replaced all-or-nothing implied indemnity with apportionment.
- Wooderson v. Ortho Pharmaceutical Corp. (Supreme Court of Kansas 1984, 235 Kan. 387)✓A woman who suffered kidney failure after taking an oral contraceptive won a failure-to-warn verdict. Applying K.S.A. 60-258a, the court held the trial judge properly refused to compare the fault of her settled physicians or of the plaintiff, since no causal negligence was shown.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Personal Injury Settlement Amounts: What Injuries Are Worth, Kansas Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026), Kansas Car Accident Laws: No-Fault, PIP, Insurance, and Your Claim
Kansas Statutes Annotated, Chapter 40: INSURANCE
§ 40-3109Same; injuries for which payment of benefits required; liability for payment by two or more insurers; policy providing primary benefit coverage.In force
(a) A self-insurer or the insurer of the owner of a motor vehicle covered by a policy of motor vehicle liability insurance meeting the requirements of this act shall pay any personal injury protection benefits which are required to be provided by this act or in such owner's policy of motor vehicle liability insurance for any injury: (1) Sustained within the United States of America, its territories or possessions or Canada by the owner while: (A) Occupying a motor vehicle not excluded by subsection (a) of K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Jackson Ex Rel. Warren v. Browning (Court of Appeals of Kansas 1995, 21 Kan. App. 2d 845)“…ich did not provide PIP coverage for his passengers. K.S.A. 40-3109(a) provides; “[T]he insurer of t…”
- Morris v. American Standard Insurance (Court of Appeals of Kansas 2000, 26 Kan. App. 2d 933)“…ate of Kansas. An additional provision of the KAIRA, K.S.A. 40-3109, is also of prime importance. It relate…”
- Riley v. Allstate Insurance Co. (Court of Appeals of Kansas 2012, 48 Kan. App. 2d 60)“…nefit under Marian’s Allstate policy. The Rileys argue drat K.S.A. 40-3109(b) is applicable and does not prohibit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 40-3117Tort actions; conditions precedent to recovery of damages for pain and suffering.In forcecited in 4 of our articles
In any action for tort brought against the owner, operator or occupant of a motor vehicle or against any person legally responsible for the acts or omissions of such owner, operator or occupant, a plaintiff may recover damages in tort for pain, suffering, mental anguish, inconvenience and other non-pecuniary loss because of injury only in the event the injury requires medical treatment of a kind described in this act as medical benefits, having a reasonable value of $2,000 or more, or the injury consists in whole or in part of permanent disfigurement, a fracture to a weightbearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of a bodily function or death. Any person who is entitled to receive free medical and surgical benefits shall be deemed in compliance with the requirements of this section upon a showing that the medical treatment received has an equivalent value of at least $2,000.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Manzanares v. Bell (Supreme Court of Kansas 1974, 214 Kan. 589)“…on was entitled to receive. *595 (5) Section 17 changed K.S.A. 40-3117 ( a ) by removing the tort "shield" pro…”
- Kansas Malpractice Victims Coalition v. Bell (Supreme Court of Kansas 1988, 243 Kan. 333)“…limits on the right to recovery. 214 Kan. at 599 . Under K.S.A. 40-3117, any person who was entitled to no-faul…”
- Martinez v. MILBURN ENTERPRISES, INC. (Supreme Court of Kansas 2010, 290 Kan. 572)“…of noneconomic damages in a motor vehicle tort action under K.S.A. 40-3117. Based upon Bates' holding on Medicai…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Motorcycle Accident Laws in Kansas (2026): Deadlines & Helmets, Truck Accident Laws in Kansas (2026): Deadlines & Liability
Sources and References
- K.S.A. 8-1602: Accident involving death or personal injury(ksrevisor.gov).gov
- K.S.A. 8-1604: Duty of driver to give certain information after accident(ksrevisor.gov).gov
- K.S.A. 8-1605: Duty upon damaging unattended vehicle or property(ksrevisor.gov).gov
- K.S.A. 8-2116: Traffic infraction penalties(ksrevisor.gov).gov
- K.S.A. 21-5107: Criminal statute of limitations(ksrevisor.gov).gov
- K.S.A. 60-258a: Comparative negligence(ksrevisor.gov).gov
- K.S.A. 60-513: Civil statute of limitations(ksrevisor.gov).gov
- K.S.A. 40-3109: Personal Injury Protection requirements(ksrevisor.gov).gov
- HB 2665: 2024 hit and run penalty increases(kslegislature.gov).gov
- Kansas Sentencing Commission: Sentencing guidelines and grids(sentencing.ks.gov).gov
- Kansas Division of Vehicles: Leaving the scene of an accident(ksrevenue.gov).gov
- KDOT: Kansas traffic safety data(ksdot.gov).gov
- IIHS: State-by-state fatality statistics 2023(iihs.org)
- FHWA: Kansas state highway safety report(fhwa.dot.gov).gov
- K.S.A. 8-254: Mandatory revocation of driving privileges upon conviction(ksrevisor.gov)
- K.S.A. 40-3117: Tort threshold for non-economic damages(ksrevisor.gov)
- K.S.A. 21-6804: Sentencing guidelines grid for nondrug crimes(ksrevisor.gov)
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