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Home / Truck Accident Attorney / Kansas

Kansas Truck Accident Attorney

State-specific legal information for truck accident cases in Kansas. Find attorneys who understand Kansas law, statute of limitations, and fault rules.

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How Kansas Compares: Truck Accident Statistics & Legal Impact

Kansas vs. National Average

Comparing truck accident statistics

Source: FMCSA Large Truck and Bus Crash Facts 2022

Fault System Impact

Example: If you're 30% at fault

Under Kansas's System:

You can recover 70% of damages since your fault is below the 50% threshold.

Statute of Limitations

2 years

Personal injury claims

Wrongful death: 2 years

Fault System

Modified Comparative 50

Kansas follows modified comparative negligence with a 50% bar. You cannot recover if you are 50% or ...

Damage Caps

Yes

$325,000 (general rule, with exceptions)

Kansas caps non-economic damages at $325,000 in most personal injury cases. Econ...

Settlement Calculator

Estimate your potential case value for Kansas

$50,000

Past and future medical costs

$25,000

Lost income and earning capacity

3x

Based on injury severity (1 = minor, 5 = catastrophic)

0%

Kansas uses modified comparative 50 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.

Economic Damages:$75,000
Non-Economic Damages:$150,000
Total Before Fault Adjustment:$225,000
Estimated Settlement Range:

$135,000 - $225,000

Actual settlements vary based on evidence, defendant conduct, and case-specific factors

Note: Your state has damage caps that may limit non-economic damages

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Kansas Statute of Limitations

Personal Injury Claims

2 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

2 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: Kan. Stat. § 60-513

Don't Wait Until the Deadline

Even though you have 2 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.

Kansas Fault System

Modified Comparative 50

Kansas follows modified comparative negligence with a 50% bar. You cannot recover if you are 50% or more at fault. If less than 50% at fault, your recovery is reduced by your fault percentage.

What This Means for Your Case

Under Kansas's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.

Legal citation: Kan. Stat. § 60-258a

Kansas Damage Caps

Damage Caps Apply

Kansas caps non-economic damages at $325,000 in most personal injury cases. Economic damages have no cap. The cap may not apply in cases involving death, permanent impairment, or disfigurement.

Non-Economic Damages Cap

$325,000 (general rule, with exceptions)

Pain and suffering, loss of enjoyment

Legal citation: Kan. Stat. § 60-19a02

High-Risk Truck Routes in Kansas

Major highways with elevated truck accident rates

Interstate 70

Major east-west corridor across Kansas connecting Colorado to Missouri with heavy freight traffic.

Interstate 35

North-south corridor through Kansas City connecting Oklahoma to Minnesota.

Interstate 135

Central Kansas route connecting Wichita to I-70 with agricultural and commercial traffic.

Safety Tip: If you were injured on one of these high-risk routes, evidence preservation is critical. Dashboard cameras, witness statements, and electronic logging device (ELD) data can prove negligence.

Frequently Asked Questions: Kansas Truck Accident Law

Kansas provides 2 years from the date of the accident to file a personal injury lawsuit. Wrongful death claims also have a 2-year deadline from the date of death. Kansas's vast rural areas mean accidents may occur far from legal services.

Kansas uses modified comparative negligence with a 50% bar. If you are found 50% or more at fault, you cannot recover any damages. If less than 50% at fault, your recovery is reduced by your fault percentage. This requires establishing the trucker bore primary responsibility.

Yes, Kansas caps non-economic damages at $325,000 in most cases. However, this cap may not apply to cases involving death, permanent impairment, or disfigurement. Economic damages like medical bills and lost wages have no cap.

Kansas truck accident settlements typically range from $75,000 to over $500,000 depending on injury severity. The state's non-economic damage cap affects larger settlements, though exceptions exist for severe injuries. Wichita and Kansas City area cases may see higher values.

Most Kansas truck accident cases settle within 12-18 months. Kansas courts handle cases efficiently. Rural accidents may require additional investigation time but generally move through the system well.

Call 911 immediately, seek medical attention, document the accident scene with photos including the truck's company name and DOT number, gather witness information, and contact a truck accident attorney. Kansas's interstate highways carry heavy out-of-state truck traffic, so jurisdictional issues may arise.

Kansas's I-70 and I-35 corridors carry significant cross-country freight traffic. The state's flat terrain allows for high speeds but also creates hazards during severe weather. Agricultural trucking is significant, and grain harvest season sees increased truck traffic on rural roads.

Kansas's damage caps and 50% fault bar require an attorney who can maximize recovery within these limitations. An experienced Kansas truck accident lawyer can investigate whether exceptions to damage caps apply, handle cases involving out-of-state trucking companies, and navigate the state's modified comparative fault system.

Learn More About Truck Accident Cases

Complete Truck Accident Lawyer Guide

Everything you need to know about hiring an attorney and what to expect

Truck Accident Settlements

Average payouts and factors affecting case value

How to File a Lawsuit

Step-by-step legal process explained

Truck Accident Statistics

State-by-state data and trends

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