KANSAS MOTORCYCLE LAWS*

 

Kansas motorcyclists are protected under Kansas motorcycle law that makes negligent drivers responsible and liable to Kansas motorcyclists. A biker who is involved in a Kansas motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Kansas

 

If you sustained an injury due to a Kansas motorcycle accident and you haven’t contacted a lawyer about your Kansas motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

Ø      Kansas Helmet Law: Helmet required under age 18.

 

Ø      Kansas Eye Protection: Required for Motorcycle riders

 

K.S.A. § 8-1598

8-1598. Operation of motorcycles; equipment required for operators and riders.
(a) No person under the age of 18 years shall operate or ride upon a motorcycle or a motorized bicycle, unless wearing a helmet which complies with minimum guidelines established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users.

(b) No person shall operate a motorcycle unless such person is wearing an eye-protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the motorcycle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.

Ø      Kansas Statute of Limitations: Personal Injury claims as a result of your Kansas motorcycle accident must be brought within 2 years from the date of the motorcycle accident.

 

Ø      Minimum Insurance for Kansas Motorcycle: Compulsory Liability Insurance

 

*Kansas is a No-Fault State: However, Personal Injury Protection insurance is not required on motorcycle in Kansas. Many insurance companies offer the option of PIP coverage for motorcycles, but it is not mandatory for Kansas motorcycles.

 

Ø      Kansas No-Fault Benefits: The following is a list and statutory description of benefits available under Kansas No-Fault law.

 

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(q)   "Personal injury protection benefits" means the disability benefits, funeral benefits, medical benefits, rehabilitation benefits, substitution benefits and survivors' benefits required to be provided in motor vehicle liability insurance policies pursuant to this act.

 

§        MEDICAL BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(k)   "Medical benefits" means and includes allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary health care rendered by practitioners licensed by the state board of healing arts to practice any branch of the healing arts or licensed psychologists, surgical, x-ray and dental services, including prosthetic devices and necessary ambulance, hospital and nursing services; and such term also includes allowances for services recognized and permitted under the laws of this state for an injured person who relies upon spiritual means through prayer alone for healing in accordance with such person's religious beliefs.

§        DISABILITY BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(b)       "Disability benefits" means allowances for loss of monthly earnings due to an injured person's inability to engage in available and appropriate gainful activity, subject to the following conditions and limitations: (1) The injury sustained is the proximate cause of the injured person's inability to engage in available and appropriate gainful activity; (2) subject to the maximum benefits stated herein, allowances shall equal 100% of any such loss per individual, unless such allowances are deemed not includable in gross income for federal income tax purposes, in which event such allowances shall be limited to 85%; and (3) allowances shall be made up to a maximum of not less than $900 per month for not to exceed one year after the date the injured person becomes unable to engage in available and appropriate gainful activity.

 

§        SURVIVORS’ BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

  (y)   "Survivors' benefits" means total allowances to all survivors for: (1) Loss of an injured person's monthly earnings after such person's death, up to a maximum of not less than $900 per month; and (2) substitution benefits following the injured person's death. Expenses of the survivors which have been avoided by reason of the injured person's death shall be subtracted from the allowances to which survivors would otherwise be entitled, and survivors' benefits shall not be paid for more than one year after the injured person's death, less the number of months the injured person received disability benefits prior to such person's death. For purposes of this subsection, monthly earnings shall include, in the case of a person who was a social security recipient or a retirement or pension benefit recipient, or both, at the time of such injured person's death, 1/12 of the annual amount of the difference between the annual amount of the social security benefits or the retirement benefits, or both, that such injured person was receiving at the time of such injured person's death and the annual amount of the social security benefits or the retirement benefits, or both, that the survivor is receiving after the time of such injured person's death.

 

§        FUNERAL BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(d)   "Funeral benefits" means allowances for funeral, burial or cremation expenses in an amount not to exceed $2,000 per individual.

 

§        SUBSTITUTION BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(w)   "Substitution benefits" means allowances for appropriate and reasonable expenses incurred in obtaining other ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed for the benefit of such person or such person's family, subject to a maximum of $25 per day for not longer than 365 days after the date such expenses are incurred.

 

§        REHABILITATION BENEFITS

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT 40-3103.

(r)   "Rehabilitation benefits" means allowances for all reasonable expenses, up to a limit of not less than $4,500, for necessary psychiatric or psychological services, occupational therapy and such occupational training and retraining as may be reasonably necessary to enable the injured person to obtain suitable employment.

 

Ø      Action for Non-Economic Damages as a result of your Kansas Motorcycle Accident:

-After a Kansas motorcycle accident, you can sue for recovery of damages for pain and suffering, in accordance with the following statute:

 

40-3117

Chapter 40.--INSURANCE

Article 31.--KANSAS AUTOMOBILE INJURY REPARATIONS ACT

      40-3117.   Tort actions; conditions precedent to recovery of damages for pain and suffering. 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 weight bearing 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. Any person receiving ordinary and necessary services, normally performed by a nurse, from a relative or a member of such person's household shall be entitled to include the reasonable value of such services in meeting the requirements of this section. For the purpose of this section, the charges actually made for medical treatment expenses shall not be conclusive as to their reasonable value. Evidence that the reasonable value thereof was an amount different from the amount actually charged shall be admissible in all actions to which this subsection applies.

 

Ø      Threshold Injury: Injury required when suing for pain & suffering as a result of your Kansas motorcycle accident.

 

• Permanent serious disfigurement
• Fracture of bone
• Loss of body member
• Permanent injury within reasonable medical probability
• Permanent loss of a body function
• Death

 

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Kansas motorcycle law regarding Kansas motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.