K.S.A. Chapter 8 Article 16

Uniform Act Regulating Traffic - Accidents

Last Amended 7/1/24

 

8-1601      Application of sections in article 16.

8-1602      Accident involving death or personal injury; duties of drivers, reports; penalties for violations; revocation of license, permit or driving privileges.

8-1604      Duty of driver to give certain information after accident; failure to provide proof of liability insurance or financial security; duty to render aid after accident.

8-1605      Duty of driver upon damaging unattended vehicle or other property; misdemeanor.

8-1607      Division may require driver or owner to submit written accident report.

8-1608      False information or report concerning accident; misdemeanor.

8-1609      Failure to report; suspension of driver's license; penalty.

8-1610      Reports by secretary of health and environment on deaths resulting from accidents.

8-1611      Reports by law enforcement officers investigating accidents.

8-1612      Accident report forms; department of transportation to provide division of vehicles accident reports or data.

8-1613      Tabulation and analysis of accident reports by secretary of transportation.

8-1601. Application of sections in article 16.

         The provisions of this article shall apply upon highways and elsewhere throughout the state.

History: L. 1974, ch. 33, § 8-1601; July 1.

8-1602. Accident involving death or personal injury; duties of drivers, reports; penalties for violations; revocation of license, permit or driving privileges.

(a)    The driver of any vehicle involved in an accident resulting in injury to, great bodily harm to or death of any person or damage to any attended vehicle or property shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of K.S.A. 8-1604, and amendments thereto.

(b)    Violation of subsection (a) when an accident results in:

         (1)    Total property damages of less than $1,000 is a misdemeanor and, upon conviction, shall be punished as provided in K.S.A. 8-2116, and amendments thereto.

         (2)    Injury to any person or total property damages in excess of $1,000 or more is a class A person misdemeanor.

         (3)    Great bodily harm to any person is a severity level 8, person felony.

         (4)    The death of any person is a severity level 6, person felony, except as provided in subsections (b)(5) and (b)(6).

         (5)    The death of any person, if the driver knew or reasonably should have known that such accident resulted in injury or death, is a severity level 4, person felony, except as provided in subsection (b)(6).

         (6)    The death of more than one person, if the driver knew or reasonably should have known that such accident resulted in injury or death, is a severity level 3, person felony.

(c)    The director may revoke the license or permit to drive or any nonresident operating privilege of any person convicted of a violation of this section.

(d)    The driver shall comply with the provisions of K.S.A. 2010 Supp. 8-15,107, and amendments thereto.

History: L. 1974, ch. 33; L. 2006, ch. 182, § 1; L. 2011, ch. 80, § 1; L. 2024, ch. 51, §1 July 1.

8-1604. Duty of driver to give certain information after accident; failure to provide proof of liability insurance or financial security; duty to render aid after accident.

(a)    (1)    The driver of any vehicle involved in an accident resulting in injury to or death of any person, or damage to any attended vehicle or property, shall give such driver’s name, address and the registration number of the vehicle such driver is driving, and upon request shall exhibit such driver’s license or permit to drive, the name of the company with which there is in effect a policy of motor vehicle liability insurance covering the vehicle involved in the accident and the policy number of such policy to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident, and shall give such information and upon request exhibit such license or permit and the name of the insurer and policy number, to any police officer at the scene of the accident or who is investigating the accident.

         (2)    Such driver, insofar as possible, shall immediately make efforts to determine whether any person involved in such accident was injured or killed, and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

(b)    If no police officer is present, the driver of any vehicle involved in such accident, or any occupant of such vehicle 18 years of age or older, shall immediately report such accident, by the quickest available means of communication, to the nearest office of a duly authorized police authority if:

         (1)    There is apparently property damage of $1000 or more;

         (2)    any person involved in the accident is injured or killed; or

         (3)    the persons specified in subsection (a) are not present or in condition to receive such information.

(c)    Unless the insurance company subsequently submits an insurance verification form indicating that insurance was not in force, no person charged with failing to provide the name of such person’s insurance company and policy number as required in subsection (a), shall be convicted if such person produces in court, within 10 days of the date of arrest or of issuance of the citation, evidence of financial security for the motor vehicle operated, which was valid at the time of arrest or of issuance of the citation. For the purpose of this subsection, evidence of financial security shall be provided by a policy of motor vehicle liability insurance, an identification card or certificate of insurance issued to the policyholder by the insurer which provides the name of the insurer, the policy number, make and year of the vehicle and the effective and expiration dates of the policy, or a certificate of self-insurance signed by the commissioner of insurance. Such evidence also may be produced by displaying on a cellular phone or other type of portable electronic device evidence of financial security required by this subsection. Any person to whom such evidence of financial security is displayed shall view only such evidence of financial security. Such person shall be prohibited from viewing any other content or information stored on such cellular phone or other portable electronic devices. Upon the production in court of evidence of financial security, the court shall record the information displayed thereon on the insurance verification form prescribed by the secretary of revenue, immediately forward such form to the department of revenue, and stay any further proceedings on the matter pending a request from the prosecuting attorney that the matter be set for trial. Upon receipt of such form the department shall mail the form to the named insurance company for verification that insurance was in force on the date indicated on the form. It shall be the duty of insurance companies to notify the department within 30 calendar days of the receipt of such forms of any insurance that was not in force on the date specified. Upon return of any form to the department indicating that insurance was not in force on such date, the department shall immediately forward a copy of such form to the office of the prosecuting attorney or the city clerk of the municipality in which such prosecution is pending when the prosecuting attorney is not ascertainable. Receipt of any completed form indicating that insurance was not in effect on the date specified shall be prima facie evidence of failure to provide proof of financial security and violation of this section. A request that the matter be set for trial shall be made immediately following the receipt by the prosecuting attorney of a copy of the form from the department of revenue indicating that insurance was not in force. Any charge hereunder shall be dismissed if no request for a trial setting has been made within 60 days of the date evidence of financial security was produced in court.

History: L. 1974, ch. 33, § 8-1604; L. 1978, ch. 38, § 1; L. 1984, ch. 174, § 1; L. 1988, ch. 161, § 1; L. 1996, ch. 51, § 1; L. 2011, ch. 80, §5; L. 2013, ch. 19, § 2; July 1.

8-1605. Duty of driver upon damaging unattended vehicle or other property; misdemeanor.

(a)    The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver's name, address and the registration number of the vehicle such driver was driving, or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving such driver's name, address and the registration number of the vehicle such driver was driving, and without unnecessary delay shall notify the nearest office of a duly authorized police authority. Violation of this subsection is a misdemeanor and, upon conviction shall be punished as provided in K.S.A. 8-2116, and amendments thereto.

(b)    The driver under subsection (a), if possible, shall comply with the provisions of K.S.A. 8-15,107, and amendments thereto.

History: L. 1974, ch. 33, § 8-1605; L. 1984, ch. 39, § 11; L. 2009, ch. 6, § 3, L. 2011, ch. 80, § 3; July 1.

8-1607. Division may require driver or owner to submit written accident report.

         The division may require any driver or owner of a vehicle involved in an accident to file a written report whenever the division deems it necessary to satisfy the requirements of any other provision of law.

History: L. 1974, ch. 33, § 8-1607; L. 1978, ch. 38, § 3; July 1.

8-1608. False information or report concerning accident; misdemeanor.

         A person shall not give information in oral or written reports, as required in this article, knowing or having reason to believe that such information is false. Violation of this section is a misdemeanor.

History: L. 1974, ch. 33, § 8-1608; L. 1984, ch. 39, § 13; Jan. 1, 1985.

8-1609. Failure to report; suspension of driver's license; penalty.

          The director shall suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as herein provided until such report has been filed, and the director may extend such suspension not to exceed thirty (30) days. Any person who shall fail to make a written report as required in this article and who shall fail to file such report with the division within the time prescribed shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in K.S.A. 8-2116.

History: L. 1974, ch. 33, § 8-1609; July 1.

8-1610. Reports by secretary of health and environment on deaths resulting from accidents.

         On or before the 10th day of each month, the secretary of health and environment shall report in writing to the department of transportation, the death of any person resulting from a vehicle accident, giving the time and place of the accident and the circumstances relating thereto.

History: L. 1974, ch. 33, § 8-1610; L. 1989, ch. 42, § 1; Jan. 1, 1990.

8-1611. Reports by law enforcement officers investigating accidents.

(a)    Every law enforcement officer who:

         (1)    Investigates a vehicle accident of which a report must be made as required in this article; or

         (2)    otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, when such accident under paragraphs (1) or (2) results in injury or death to any person or total damage to all property to an apparent extent of $1000 or more, shall forward a written report of such accident to the department of transportation within 10 days after investigation of the accident.

(b)    Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential.

(c)    The provisions of this section shall be deemed to be satisfied by the submission of consolidated magnetic tape reports prepared by computer and containing the information required to be included in written reports. The format of such magnetic tape reports and the frequency of submission must be acceptable to the secretary of transportation.

History: L. 1974, ch. 33, § 8-1611; L. 1975, ch. 427, § 31; L. 1985, ch. 52, § 2; L. 1989, ch. 42, § 2; L. 2004, ch. 133, § 2; Jan. 1, 2005.

8-1612. Accident report forms; department of transportation to provide division of vehicles accident reports or data.

(a)    The department of transportation shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or individuals, forms for written accident reports as required in this article, suitable with respect to the persons required to make such reports and the purposes to be served. The written reports shall call for sufficiently detailed information to disclose, with reference to a vehicle accident, the cause, conditions then existing and the persons and vehicles involved.

(b)    Every accident report required to be made in writing shall be made on the appropriate form approved by the department of transportation and shall contain all the information required therein unless not available.

(c)    The department of transportation shall provide the division of vehicles with the necessary accident reports and accident data to satisfy the division's requirements as provided in K.S.A. 8-249, 40-3104 and 40-3118, and amendments thereto.

History: L. 1974, ch. 33, § 8-1612; L. 1989, ch. 42, § 3; Jan. 1, 1990.

8-1613. Tabulation and analysis of accident reports by secretary of transportation.

         The secretary of transportation shall tabulate and may analyze all accident reports received in compliance with this article, and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle accidents.

History: L. 1974, ch. 33, § 8-1613; L. 1975, ch. 427, § 32; Aug. 15.