Last verified: January 2026. This guide reflects current Kansas law under K.S.A. 8-1602 through 8-1604, as amended by L. 2024, ch. 51.
📑 Table of Contents (click to expand)
Quick Summary: Kansas Hit and Run Laws
- Property damage under $1,000: Traffic infraction with fine
- Injury or damage $1,000+: Class A person misdemeanor, up to 1 year jail
- Great bodily harm: Severity level 8 person felony
- Death: Severity level 6 person felony (or level 4/3 if driver knew)
- Multiple deaths (driver knew): Severity level 3 person felony
- Kansas is a no-fault insurance state
Penalties for Hit and Run in Kansas
Under K.S.A. 8-1602, Kansas imposes graduated penalties based on the severity of injuries and whether the driver knew or should have known about the accident’s consequences. The 2024 amendments strengthened penalties for serious cases.
Criminal Penalties by Offense Level
| Offense Type | Classification | Presumptive Sentence |
|---|---|---|
| Property damage under $1,000 | Misdemeanor (traffic) | Fine per K.S.A. 8-2116 |
| Injury or damage $1,000+ | Class A Person Misdemeanor | Up to 12 months jail, $1,000 fine |
| Great bodily harm | Severity Level 8 Person Felony | 7 to 23 months (no prior record) |
| Death | Severity Level 6 Person Felony | 17 to 46 months (no prior record) |
| Death (knew or should have known) | Severity Level 4 Person Felony | 38 to 172 months (varies by history) |
| Multiple deaths (knew or should have known) | Severity Level 3 Person Felony | 55 to 247 months (varies by history) |
License revocation: Under K.S.A. 8-1602(c), the director may revoke the driving privileges of anyone convicted of a hit and run offense.
Driver Duties After an Accident in Kansas
K.S.A. 8-1604 outlines the specific duties of a driver after an accident:
- Stop immediately at the scene or as close as possible
- Return to the scene if you stopped away from the accident
- Remain at the scene until duties are fulfilled
- Provide information: name, address, and vehicle registration number
- Show driver’s license and insurance information upon request
- Determine if assistance is needed for any injured persons
- Render reasonable assistance including arranging medical transport
Reporting Requirements
If the accident involves injury, death, or significant property damage and no police officer is present, you must immediately report the accident by the “quickest means of communication.”
Property Damage Offenses
The severity of property damage determines the charge:
- Under $1,000 damage: Traffic misdemeanor with fine only
- $1,000 or more damage: Class A person misdemeanor, up to 12 months jail
Striking an Unattended Vehicle
If you hit a parked vehicle or property in Kansas:
- Make reasonable efforts to locate the owner
- Leave a written note with your contact information if the owner cannot be found
- Report to police if damage exceeds $500 or injury occurred
Injury and Death Offenses
Kansas law distinguishes between different levels of harm:
Great Bodily Harm
When an accident causes great bodily harm and the driver leaves, it is a severity level 8 person felony. “Great bodily harm” means injury that creates a high probability of death, serious disfigurement, or loss or impairment of a body part.
Fatal Accidents
The charge level increases based on the driver’s knowledge:
- Level 6 felony: Death occurred, but no evidence driver knew
- Level 4 felony: Driver knew or should have known accident caused injury/death
- Level 3 felony: Multiple deaths where driver knew or should have known
Kansas Crash Statistics
According to the Insurance Institute for Highway Safety (IIHS) data from 2023:
- Total traffic fatalities: 387 deaths
- 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
Breakdown by road user type (2023):
- Car occupants: 141 deaths (36%)
- Pickup and SUV occupants: 131 deaths (34%)
- Motorcyclists: 42 deaths (11%)
- Pedestrians: 38 deaths (10%)
- Bicyclists: 6 deaths (2%)
Kansas has a high proportion of rural crash deaths, with 61% of fatalities occurring on rural roads.
How Fault is Determined in Kansas
Kansas is a no-fault insurance state. This means your own insurance pays for your injuries through Personal Injury Protection (PIP) benefits, regardless of who caused the accident.
However, you can still pursue a claim against the at-fault driver if:
- Medical expenses exceed a certain threshold
- You suffered serious injury or permanent impairment
- You want to recover for pain and suffering
Comparative fault: Kansas follows a modified comparative fault rule. If you are more than 50% responsible for the accident, you cannot recover damages from the other party.
Possible Defenses to Hit and Run Charges
Prosecutors must prove you knowingly left the scene without fulfilling legal requirements. Possible defenses include:
- Lack of knowledge: You did not know an accident occurred
- Safety concerns: You left because you feared for your physical safety
- Compliance: You actually stopped and fulfilled all duties
- Refusal: The other party refused to accept your information
- Not the driver: Someone else was operating your vehicle
- Stopped nearby: You stopped close to the scene as required
Frequently Asked Questions
Can you go to jail for hit and run in Kansas?
Yes. Even for a Class A misdemeanor (injury or damage over $1,000), you can face up to 12 months in jail. Felony charges for serious injury or death carry potential prison sentences.
What is the statute of limitations for hit and run claims in Kansas?
For personal injury or wrongful death lawsuits, you have 2 years from the date of the accident to file. If the victim dies, the 2-year period begins at the time of death.
What if the other driver was at fault but left the scene?
Your PIP coverage will pay for your initial medical expenses. If you can identify the driver, you can pursue a claim against them. Uninsured/underinsured motorist coverage can help if the driver cannot be found.
Will my license be revoked for hit and run?
The Kansas director of vehicles has authority to revoke driving privileges for any hit and run conviction under K.S.A. 8-1602(c).
Can I avoid criminal charges through settlement?
Civil settlement does not automatically dismiss criminal charges. However, cooperation with the victim and restitution may be considered favorably in plea negotiations or sentencing.