On I-70 across western Kansas, you can see a truck coming for miles. That doesn't stop crashes from happening. If you got hurt on the Turnpike near Wichita, on US-54 in the southwest, or anywhere else in Kansas, here's what you need to know about the clock.
The truck accident statute of limitations in Kansas appears to be 2 years from the date of the crash (K.S.A. § 60-513(a)(4)). Wrongful death generally runs 2 years from the date of death. A claim against a public entity follows a separate procedure with its own timing. The evidence clock is shorter than all of them.
How current these numbers are
A licensed attorney checked these Kansas figures against the cited statutes on 2026-09-20. Statutes still change (Florida cut its injury period in half in 2023; Louisiana doubled its own in 2024), so confirm with a Kansas lawyer before you rely on them.
A Kansas what-if on US-50
Say you're driving a cattle pot out of Dodge City on US-50 heading east at 3 a.m. A car coming the other way drifts over the line and hits you. You're hurt and the cattle are loose on the road. The car's driver is a local, and his insurance is small. But the car was a company vehicle for a grain elevator, which might change who is responsible. Figuring out who actually owned it and why he was driving it is something to do now, not in a year.
What makes Kansas different
Kansas has one of the least generous tolling rules in the country for injured children: a minor gets only one year after turning 18, not a fresh two-year period, and total tolling is capped at eight years from the crash. Claims against a municipality also require written notice to the clerk before suit, with a 120-day review window — skipping that step is fatal even though there is no simple countdown date attached to it.
Kansas truck traffic, from I-70 on down
Kansas is wind country. Crosswinds on I-70 between Salina and Colorado can top 50 mph and blow empty or light trailers right off the road. In winter, blizzards and ground blizzards close I-70 for days. Southwest Kansas, around Garden City, Dodge City and Liberal, is beef-packing country, and cattle trucks and meat haulers run US-50, US-54 and US-83 at all hours. The Kansas Turnpike from Kansas City to Wichita is fast, with long stretches of tollway through the Flint Hills where a tired driver can drift. Harvest season adds combines and grain trucks to two-lanes, and summer severe storms bring hail and tornadoes.
Kansas carries transcontinental I-70 freight alongside a very heavy agricultural and beef-processing haul out of the southwest counties. Wichita's aviation manufacturing adds oversize load traffic on US-54 and the Turnpike. Crashes pile up on I-70 (Kansas City–Topeka–Salina–Colorado), I-35 Kansas Turnpike (Wichita–Emporia), I-135 and US-81, US-50 and US-54 across the southwest and I-435 around Kansas City.
Kansas filing deadlines at a glance
| Deadline | Period | Runs from | Citation |
|---|---|---|---|
| Personal injury lawsuit | 2 years | the date of the crash | K.S.A. § 60-513(a)(4) |
| Wrongful death claim | 2 years | the date of death | K.S.A. § 60-1903 |
| Notice — state entity | Kansas Tort Claims Act | the date of the crash | K.S.A. § 75-6101 et seq. |
| Notice — city, county or district | Written notice required before suit | the date of the crash | K.S.A. § 12-105b(d) |
On the injury period: Subject to a 10-year outer repose limit from the act.
If a government vehicle was involved in Kansas
Kansas has no single fixed notice countdown. It uses a separate claims procedure instead: Kansas Tort Claims Act (K.S.A. § 75-6101 et seq.). Skipping it still ends the claim. The State is covered by the KTCA without the very short notice window municipalities impose. Written notice must be filed with the municipal clerk before suit, and the municipality then has 120 days to review. The limitations period is extended during that review, but skipping the notice is fatal.
Public fleets you could realistically be hit by here: KDOT maintenance trucks, Kansas Turnpike Authority vehicles, county road and bridge equipment, municipal fleets in Wichita and Kansas City, and USD school buses. Not sure the vehicle was one of these? Work to the shorter deadline until someone confirms otherwise.
If the injured person was a minor
Tolled, capped at 1 year past majority in Kansas under K.S.A. § 60-515. The clock generally doesn't start until the injured person turns 18. Kansas gives a minor only one year after turning 18, and caps total tolling at eight years from the act. That pause covers the court deadline, not the evidence: a carrier may destroy a driver's logs six months after the crash no matter the injured person's age, and in many states a government notice deadline isn't tolled for a child either.
When the Kansas clock starts
Applies. The clock runs when the fact of injury becomes reasonably ascertainable.
Your Kansas dates, calculated
Enter your crash date. Kansas is preselected, and nothing you type is sent anywhere.
The evidence clock runs faster than 2 years
- Dashcam and telematics video: often 30 days or less (No federal retention requirement — vendor and carrier policy only).
- ECM / black box data: overwritten as the tractor runs; often lost on repair or resale.
- Driver logs: six months (49 CFR § 395.8(k)(1)).
- Maintenance records: one year while the vehicle is in the carrier's control (49 CFR § 396.3(c)).
- Annual inspection report: 14 months (49 CFR § 396.21(b)(1)).
Until a written preservation letter reaches the carrier, destroying records at the end of a retention period is routine and lawful. The FMCSA regulations and evidence guide explains each record.
Kansas-specific steps worth taking this week
- Kansas Highway Patrol handles most highway crashes. Request the Kansas Motor Vehicle Accident Report through them.
- The Kansas Turnpike Authority keeps toll records. If the other truck came through a toll plaza, ask about preserving that data.
- In a wind-related crash, note the time and location. National Weather Service wind warnings can show whether drivers were warned.
Crashed near the Kansas line?
A crash a few miles over a border can fall under a different deadline. If you're not sure which state you were in, check both.
| State | Injury deadline | Wrongful death |
|---|---|---|
| Nebraska | 4 years | 2 years |
| Missouri | 5 years | 3 years |
| Oklahoma | 2 years | 2 years |
| Colorado | 3 years (motor vehicle) | 2 years |
Compare any state with the filing deadline calculator, or see the full state index.
Next steps
- Get a preservation letter to the carrier. It's the most time-critical step.
- Confirm whether a government entity was involved. If so, your 2 years deadline may give way to a separate claims procedure entirely.
- Don't give a recorded statement to the trucking company's insurer.
- Get the Kansas crash report; it names the carrier, DOT number and insurer.
- Have a lawyer licensed in Kansas confirm these dates against the current statute.
Sources
- Hours of Service — records of duty status retention — 49 CFR § 395.8 (Federal Motor Carrier Safety Administration)
- Inspection, Repair, and Maintenance — record retention — 49 CFR Part 396 (Federal Motor Carrier Safety Administration)
- Accident register requirements — 49 CFR § 390.15 (Federal Motor Carrier Safety Administration)
- Large Truck and Bus Crash Facts — Federal Motor Carrier Safety Administration
Federal regulations and crash statistics are updated periodically. Figures cited on this page reflect the referenced publications at the time of writing; check the source for the current edition.