STATE LAW – KANSAS LIBRARY – GUIDE 18
Kansas Crash Investigation & Evidence Preservation
Preserve evidence before routine retention and repair cycles erase it
Identify vehicles, EDR/telematics, dash or surveillance video, app records, phone/location records, commercial logs and witnesses that can prove speed, timing, visibility, distraction, employment or causation. Send focused preservation requests to actual custodians and retain proof of delivery. Preservation asks that evidence be retained; discovery, subpoena, public-record or consent procedures may still be needed to obtain it.
Ordinary Kansas crash-negligence claims generally use a two-year limitations period
K.S.A. 60-513 generally requires actions for injury to rights and wrongful death to be brought within two years, subject to the statute’s accrual, discovery and repose provisions. Do not assume the insurer’s open claim file extends that period.
Government and municipal claims require a separate deadline analysis
A municipal KTCA claim may require §12-105b written notice and a waiting period before suit even though the underlying action also has a civil limitations period. Calendar notice, denial/deemed denial and suit separately. Other governmental defendants can involve different procedural issues under the KTCA.
Use an evidence ledger tied to the issue each item proves
Track the custodian, preservation date, request/response, file location and proposition for every item. Separate crash fault, injury causation, damages, work status and insurance evidence. Keep original electronic files and metadata when possible rather than screenshots alone.
Official Kansas sources
Kansas Legislature · Kansas Insurance Department · Kansas Judicial Branch
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