Kansas Motorcycle Accident Claims: Helmets, Fault and Insurance
A Kansas motorcycle accident can raise hard questions about helmets, lane rules, fault and insurance. Kansas law gives riders the same rights and duties as other drivers, with a few special rules. This guide explains those rules in plain language. It also shows how they may affect an injury claim. Every crash is different, so outcomes depend on the facts.
Kansas Motorcycle Accident Basics: Riders and Drivers Share the Road
Riders do not follow a separate set of traffic laws. Under K.S.A. 8-1593, a person who operates a motorcycle generally has the same rights and duties as any other driver. The law makes exceptions where it says otherwise. As a result, a Kansas motorcycle accident may raise the same questions as a car crash, such as speed, right of way and following distance.
The law also sets rules that apply only to riders. First, a rider generally must use the permanent seat and sit astride it, facing forward. Second, a rider may not carry an item that prevents keeping both hands on the handlebars. Third, a passenger may not ride in a position that interferes with the rider’s control or view (K.S.A. 8-1594). These duties may matter when people examine how a crash happened.
Kansas Motorcycle Helmet Law and Eye Protection
Many people expect one rule for every rider. However, the Kansas motorcycle helmet law is narrower than that. The statute treats helmets and eye protection separately.
Helmet Rules for Riders Under 18
Kansas requires a helmet for anyone under 18 who operates or rides on a motorcycle or motorized bicycle. The helmet must meet minimum guidelines from the National Highway Traffic Safety Administration. The statute also bars any person from allowing a minor to ride without the required gear (K.S.A. 8-1598(a) and (b)). The statute does not set a helmet requirement for adult riders.
Eye Protection and Windscreens
Eye protection works differently. An operator generally must wear shatterproof, impact resistant glasses, goggles or a transparent face shield. The exception applies when the motorcycle has a windscreen at least 10 inches high, measured from the center of the handlebars. A passenger under 18 must wear eye protection, and that rule has no windscreen exception. The section also lists exceptions that apply to all of its rules, such as riders in an enclosed cab or an autocycle (K.S.A. 8-1598(c) and (d)).
Equipment rules and fault are separate questions. How equipment choices affect a Kansas motorcycle accident claim depends on the facts of the crash and the law that applies. An attorney can review those details.
Lane Splitting in Kansas and Full Use of a Lane
The law first protects a rider’s space in the lane. Every motorcycle has the right to full use of a lane, and no motor vehicle may be driven in a way that deprives a motorcycle of that right. This rule does not apply when motorcycles ride two abreast in a single lane (K.S.A. 8-1595(a)).
Riders have lane duties too. Lane splitting in Kansas means riding between lanes of traffic or between rows of vehicles. The statute does not allow it. It lists one exception, for police officers who perform official duties. In addition, a rider may not pass in the same lane the other vehicle occupies. Motorcycles also may not ride more than two abreast in a single lane (K.S.A. 8-1595(b) through (e)).
How Fault Affects a Kansas Motorcycle Accident Claim
Fault often shapes the outcome of an injury claim. Kansas uses a comparative fault system. A person who shares the blame may still recover, but only if that person’s negligence is less than the negligence of the party or parties being sued. The award then goes down in proportion to that person’s share of fault (K.S.A. 60-258a).
Consider a simple two party example. A jury finds a rider 30 percent at fault and a driver 70 percent at fault. The rider’s award would generally drop by 30 percent. If the shares were equal, or the rider’s share were larger, the rider generally could not recover from that driver. Real cases are rarely this simple.
The statute also requires findings on each party’s percentage of fault. It lets a defendant ask the court to add other people who may share blame. It then divides liability among defendants by their shares of fault (K.S.A. 60-258a(b) through (d)). In a Kansas motorcycle accident, rider conduct may come up, such as speed or riding between lanes. The other driver’s conduct may also come up, such as crowding the rider out of a lane.
PIP Coverage After a Kansas Motorcycle Accident
Kansas requires motor vehicle liability policies to include personal injury protection, or PIP, benefits. PIP benefits include categories such as medical, disability, rehabilitation and funeral benefits (K.S.A. 40-3103(q)). The statute that lists vehicles exempt from these insurance rules does not mention motorcycles (K.S.A. 40-3105). For that reason, a Kansas motorcycle accident may involve PIP benefits.
The Written PIP Rejection Right
Motorcycles have a special rule, however. The owner of a motorcycle who is the named insured may reject PIP coverage in writing. The rejection covers injuries that happen while that person operates or rides as a passenger on the motorcycle. The statute also says a rejection does not make the motorcycle an uninsured motor vehicle (K.S.A. 40-3107(f)).
A rejection can also carry forward. After a rejection, the same insurer need not add the coverage to a renewal policy, unless the insured asks for it in writing. For that reason, a rider may want to find out whether a signed rejection exists on the motorcycle policy. The answer may change which benefits are available. The right belongs to the owner who is the named insured, so what applies to a passenger or a borrower depends on the policies involved.
Kansas Motorcycle Insurance and Sources of Recovery
Several insurance sources may matter after a Kansas motorcycle accident. One source is the at fault driver’s liability coverage. Kansas sets minimum limits of at least $25,000 for one injured person and $50,000 for two or more people in one accident. A policy may carry higher limits, and liability coverage generally pays up to the limits stated in the policy (K.S.A. 40-3107(b) and (e)).
Uninsured and underinsured motorist coverage, often called UM/UIM, may also apply. Whether it does depends on the policies and the facts. Our companion article, Kansas Uninsured and Underinsured Motorist Claims, explains these coverages in more detail. Kansas motorcycle insurance policies vary, so the details of each policy matter.
Facts That Shape a Motorcycle Case
No two crashes look alike. Each of these facts may change how a claim develops:
- Rider conduct, such as speed, hands on the handlebars and riding between lanes
- Equipment, including eye protection, a qualifying windscreen and helmets for riders under 18
- The other driver’s conduct, including whether the driver left room in the lane
- Road, weather and traffic conditions
- Insurance on each vehicle, including limits and any written PIP rejection
- Injuries and treatment, which shape the types of damages at issue
- Timing, including filing deadlines
The effect of each fact can differ from case to case.
Time Limits for a Kansas Motorcycle Accident Claim
Deadlines can end a claim, so timing matters. Kansas generally sets a two year deadline for many injury lawsuits that do not arise on a contract. A wrongful death action also has a two year period (K.S.A. 60-513(a)).
The clock usually starts when the act first causes substantial injury. However, if the fact of the injury cannot reasonably be found out until later, the period may begin later. The statute still sets an outside limit of 10 years after the act (K.S.A. 60-513(b)).
PIP has its own deadline after a Kansas motorcycle accident. No claim for PIP benefits may be made more than two years after the date of the injury (K.S.A. 40-3110(a)). Other kinds of claims may follow different rules. Our companion article, Kansas Personal Injury Statute of Limitations, covers deadlines in more depth.
Frequently Asked Questions
Do adults have to wear helmets in Kansas?
K.S.A. 8-1598(a) requires helmets for riders under 18. The statute does not set a helmet requirement for adults. Operators generally must still follow the eye protection rule unless the motorcycle has a qualifying windscreen.
Can a motorcycle ride between lanes in Kansas?
Generally, no. K.S.A. 8-1595(c) says no person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. The statute lists an exception for police officers who perform official duties.
Does Kansas require PIP coverage on a motorcycle?
Motorcycles do not appear on the list of vehicles exempt from the requirement in K.S.A. 40-3105. However, K.S.A. 40-3107(f) lets an owner who is the named insured reject PIP coverage in writing. Whether a policy includes PIP depends on that policy.
How long do I have to file a motorcycle accident claim in Kansas?
After a Kansas motorcycle accident, the law generally sets a two year deadline for many injury lawsuits (K.S.A. 60-513). The start date can vary. PIP claims have their own two year limit under K.S.A. 40-3110(a). Other claims may differ.
Can I still recover if I share some fault?
Possibly. Under K.S.A. 60-258a, a person who shares fault may still recover if that person’s negligence is less than the negligence of the party or parties being sued. The award then goes down by the person’s share of fault.
Talk With a Lawyer About Your Kansas Motorcycle Crash
A crash raises legal, medical and financial questions at once. An attorney can review the facts, the insurance policies and the deadlines that apply to your situation. After a Kansas motorcycle accident, you can schedule a free strategy session with Mack & Associates, LLC to talk it through. You can also learn more about our Kansas car accident attorneys.
This article is for general information only. It is not legal advice, and reading it does not create an attorney client relationship. Laws change, and every case depends on its own facts. Please speak with a licensed attorney about your situation.
