If a truck hurt you in Kansas, some Kansas law rules significantly impact your case. First, Kansas now has no limit on pain and suffering compensation, after a Kansas Supreme Court ruling. A jury decides what your injury is worth. Second, Kansas uses a 50% fault rule, so if you are less than 50% at fault, you may still recover damages. Third, you generally have only two years to file a personal injury lawsuit. A lawyer who knows Kansas truck law can use these rules in pursuing what you are owed.
A loaded semi can weigh 80,000 pounds or more. An average passenger car weighs around 4,000. When they collide, the people in the car pay the price. If this happened to you or someone you love in Kansas, you need a lawyer who knows truck law and knows Kansas.
Attorney Lawrence Flick earned his law degree at the University of Kansas and has handled truck crash cases since 1995. He has argued before the Kansas Supreme Court. He can handle cases across the state, from the Overland Park and Kansas City area to Wichita, Topeka, Salina, and rural western Kansas.
With Flick Truck Accident Law, you pay no fees until we win for you. Call us today at (913) 648-7000.
Kansas Has No Cap on Pain and Suffering
This is one of the biggest advantages for injury victims in Kansas. For decades, Kansas put a hard limit on how much a jury could award for pain and suffering. That changed because of a truck crash case.
| KANSAS SUPREME COURT · 2019 Hilburn v. Enerpipe, Ltd. Diana Hilburn was a passenger in a car that was rear-ended by a semi-truck. The jury awarded her about $335,000, including roughly $301,000 for pain and suffering. The trial court cut the pain and suffering award down to the state cap of $250,000. Hilburn fought back. On June 14, 2019, the Kansas Supreme Court ruled the cap was unconstitutional and restored her full award. |
The court’s reason matters. Section 5 of the Kansas Constitution says the right to a jury trial is “inviolate.” The court held that a fixed cap takes the damages decision away from the jury and hands it to the legislature. That is not allowed.
In plain terms: in a Kansas personal injury case, a jury decides what your pain and suffering is worth, with no set limit. For someone with serious, lasting injuries from a truck crash, that can mean the difference between a capped number and full justice.
The Kansas 50% Fault Rule
Kansas uses a system called modified comparative fault. The rule is in the Kansas Statutes (KSA 60-258a). Here is how it works.
| Under 50% at fault | 50% or more at fault |
| You can recover. Your award is reduced by your share. At 20% fault on a $100,000 case, you collect $80,000. | You recover nothing. This hard line and why fault percentages are so important. |
This rule can make truck cases a battle over blame. Trucking companies often try to blame the driver of the vehicle you were in. They can also try a tactic called the “empty chair” defense. They point fault at someone who is not in the courtroom, like a cargo loader or a repair shop that was never sued. Fault placed on an absent party can lower what you collect. A skilled truck lawyer like Lawrence Flick fights to keep the blame where it belongs, on the truck driver and trucking company.
You Have Two Years To Sue for Personal Injury in Kansas
Under KSA 60-513, you generally have two years from the date of the crash to file a personal injury or wrongful death lawsuit. Miss it, and your case is usually gone for good. There are special rules for minors and other specific situations.
This is a much shorter time window than some of our neighbors’. Missouri allows five years for most personal injury claims. If your crash happened in Kansas, do not assume you have that long. It’s better to hire an experienced truck accident lawyer as soon after the crash as possible. Truck crash evidence can vanish quickly. Black box data gets overwritten, logs can go missing and trucks get repaired. The sooner you call, the more a lawyer can do to preserve important evidence in your case. Don’t hesitate to consult with us at Flick Truck Accident Law, as we charge no fees unless we win for you.
Kansas is at the Crossroads
Kansas sits near the center of the country’s freight network. Goods moving between the coasts and between Mexico and Canada roll right through it. That traffic feeds the economy, and it fills the roads with big trucks.
- I-70 – Crossing the entire width of the state, this is the longest interstate run in Kansas, linking Kansas City, Topeka, Salina, Hays, and the Colorado line.
- I-35 and the Kansas Turnpike – This NAFTA freight corridor runs about 235 miles from the Oklahoma line through Wichita and Emporia to Kansas City.
- Logistics Park Kansas City – This giant intermodal hub in Edgerton is one of the largest inland ports in the country. It pours thousands of trucks onto I-35 in Johnson County.
- I-135, I-435, and I-635 – These are busy connectors serving Wichita, Salina, and the Kansas City metro.
- US-69, US-54, US-400, and US-50 – These key non-interstate freight routes cross the state.
Where Kansas Truck Crashes Really Happen
Many people picture truck wrecks on the interstate. In Kansas, the data tells a different story. Many commercial vehicle crashes happen on rural highways and county roads, not the interstate.
That fits the shape of the state. Western Kansas is wide open and thinly populated. It runs on agriculture. During planting and harvest, two-lane US highways and county roads fill with grain haulers, cattle trucks, and farm equipment. Some farm vehicles get exemptions from certain Federal Motor Carrier Safety Regulations. Add high speeds, long distances, strong crosswinds, and tired drivers, and these quiet roads turn dangerous fast.
These rural crashes bring their own challenges. Help can be far away. Police agencies may be small and not highly trained in handling truck crashes. Evidence on a remote county road can disappear before anyone secures it. A lawyer who knows how to investigate a rural Kansas truck crash makes a real difference.
Kansas Truck Crash Statistics
The numbers show why truck crashes are so serious for everyone outside the cab.
70%of large-truck crash deaths were people in other vehicles. (NHTSA, 2023) | 3,663large-truck accidents occurred in Kansas in 2024 alone. (Kansas DOT, 2024) | 1,061people were killed or injured in Kansas large-truck crashes in 2024. (KDOT, 2024) |
Nationwide, the National Highway Traffic Safety Administration reported 5,472 deaths in large-truck crashes in 2023. Most of those killed were not in the truck. They were in cars, on motorcycles, or on foot.
Why Truck Cases Are Not Just Big Car Cases
Most lawyers handle car wrecks. Truck crash cases are different, and they require different knowledge and skills.
Different rules
Most trucking companies and drivers must follow the Federal Motor Carrier Safety Regulations. These are hundreds of pages of rules on training, hours, hiring, and truck safety. Attorney Lawrence Flick completed U.S. Department of Transportation training on these rules and on truck crash investigation.
Different evidence
Truck cases involve black box data, driver logs, dashcam video, and inspection records. This evidence can disappear fast. Our skilled lawyer moves quickly to lock it down before it is gone.
Different courtrooms
Many truck cases end up in federal court. Trucking companies often try to move cases there. You need a lawyer ready to fight in both state and federal court. At Flick Truck Accident Law, Flick is admitted in the U.S. District Court for Kansas and the 10th Circuit, and has done injury cases in federal court for more than 25 years.
Why Choose Flick Truck Accident Law
Flick Truck Accident Law does one thing: it represents people hurt in truck crashes. Our firm has deep Kansas roots, as proven by these credentials of Attorney Lawrence Flick:
- University of Kansas Law graduate who has argued before the Kansas Supreme Court
- Truck cases since 1995 and millions recovered for truck crash victims
- Top 10 Trucking Trial Lawyer and a perfect 10.0 Superb rating on Avvo
- U.S. DOT trained on Federal Motor Carrier Safety Regulations and truck crash investigation
- Admitted in Kansas state and federal courts, including the U.S. District Court for Kansas and the 10th Circuit
- You work with the lawyer, not a paralegal. You get direct access to your attorney.
Our firm’s Kansas office is in Overland Park and serves clients across the state. For crashes on the Missouri side of the metro, we also handle cases as a Missouri truck accident lawyer.
Frequently Asked Questions
Does Kansas cap pain and suffering damages?
No. In Hilburn v. Enerpipe (2019), the Kansas Supreme Court struck down the state’s cap on noneconomic damages as unconstitutional. A jury, not a fixed limit, decides what your pain and suffering is worth in a Kansas personal injury case.
What is the 50% fault rule in Kansas?
Kansas uses the modified comparative fault under KSA 60-258a. You can recover only if you are less than 50% at fault. Your award is reduced by your share of fault. At 50% or more, you recover nothing.
How long do I have to file a claim in Kansas?
Generally, Kansas gives you two years from the date of the crash under KSA 60-513. That is much shorter than Missouri’s five years. Evidence can disappear fast in truck cases, so act quickly.
Where do most truck crashes happen in Kansas?
Most commercial vehicle crashes happen on highways and local county roads, not interstates. Rural two-lane highways, plus busy freight routes like I-70 and I-35, are common crash sites.
What does it cost to hire a Kansas truck accident lawyer?
Flick Truck Accident Law handles truck crash cases on a contingency fee. You pay no attorney fee unless money is recovered for you.
Talk to a Kansas Truck Accident Lawyer
Your call with Flick Truck Accident Law is free, and there is no fee unless you win. Tell us what happened and we will tell you where you stand. Remember, in Kansas the clock runs out in two years.
Call (913) 648-7000.
Kansas Office: 7500 College Blvd #526, Overland Park, KS 66210