Kansas Distracted Driving

Kansas Distracted Driving – A Leading Cause in Auto Accidents

We’ve all been there—juggling a dozen things at once, running late, and knowing it takes ten minutes to get somewhere you need to be in five. As calls and messages flood in, you’re tempted to send one quick text while driving to stay on top of things, but you resist because you know the safety risks involved. You may have just saved your own and others’ lives.

While you may choose to drive responsibly, others aren’t always so careful. According to the Governors Highway Safety Association (GHSA), in 2023 alone, an average of nine people died each day in the U.S. due to distracted driving. With busy schedules and constant phone use, distracted driving continues to rise, despite growing awareness and stricter legislation. Even a split second of diverted attention can result in serious danger to you and others on the road.

At Wallentine Injury Law, we have extensive experience handling car accident injury claims, including those caused by distracted driving. We understand the physical, emotional, and financial burdens these accidents place on victims. If you’ve been injured in a distracted driving accident, you don’t have to navigate this difficult time alone. Our team is here to offer support, guidance, and experienced legal representation. Let us help you pursue the compensation you deserve while holding the negligent driver accountable.

Quick Stats About Kansas Distracted Driving

As previously mentioned, distracted driving is the leading cause of car accidents in Kansas—a fact that likely surprises no one. More troubling still, Kansas ranks among the top three worst states in the nation for distracted driving. Consider these quick statistics:

• In 2023, 580 Kansas crashes involved a mobile phone
• In 2023, 143 Kansas crashes involved an electronic device other than a phone
• In 2023, 1,192 Kansas crashes involved another type of distraction
• 1 out of 5 crashes in Kansas are caused by distractions
• The 14-19 age group in Kansas reports the highest numbers of distracted driving
• The most common distractions in Kansas are cell phones or other electronic devices
• Between 2019 and 2023, 15,050 people died in crashes involving a distracted driver
• Of the 3,275 lives claimed by Kansas distracted driving in 2023, 611 were pedestrians or bicyclists

These numbers alone should serve as a strong warning against distracted driving, yet the problem remains widespread. To address this ongoing issue, the Kansas Department of Transportation (KDOT) runs its Special Traffic Enforcement Program (STEP), which includes four targeted campaigns each year. These initiatives are timed around major holidays—when traffic volume and distraction risks are at their peak—to promote safer driving habits.

At Wallentine Injury Law, we are committed to fighting for justice on behalf of those harmed by distracted drivers. Our team is well-versed in KDOT safety initiatives and Kansas traffic laws, enabling us to build strong, strategic cases for your benefit.

Laws Pertaining to Kansas Distracted Driving

Texting remains one of the most common forms of distracted driving, and legislation in Kansas—as well as across the country—reflects the seriousness of this issue. In fact, Montana is the only U.S. state without a ban on texting while driving. Beyond texting, many states have also begun enacting laws to address the usage of phones for functions besides texting behind the wheel.

Specifically, Kansas Statutes Annotated (K.S.A.) 8-15, 111 prohibits text messaging while driving. The statute clearly defines what constitutes a “wireless communication device” and outlines what it means to “write, send, or read a written communication.” While there are limited exceptions—such as reporting illegal activity or an emergency—the law broadly bans texting while driving in most situations.

Currently, K.S.A. 8-15, 111 is the only Kansas statute addressing distracted driving. Although hands-free legislation, banning mobile phone usage entirely, has been proposed in the past, it has not yet been enacted for all drivers. However, drivers with a restricted license in Kansas are subject to hands-free requirements.

Enforcement Efforts

Despite having just one statute on distracted driving, Kansas enforces its law with vigor. Kansas uses primary enforcement of distracted driving laws, meaning law enforcement can pull you over simply for texting while driving, even if you are in total control of the vehicle and obeying all other traffic laws. Each offense carries a $60 fine, excluding additional court costs and administrative fees, which often accrue.

Importantly, when a distracted driving violation results in a collision, it often establishes a strong presumption of negligence in a personal injury case. At Wallentine Injury Law, we are skilled in uncovering the evidence needed to prove liability in distracted driving claims. If you’ve been injured due to a driver’s inattention, our team is ready to help you begin your healing journey.

Types of Distracted Driving

While Kansas law currently only prohibits texting while driving, many other forms of distracted driving can be just as dangerous, both to the driver and everyone else on the road. Understanding the different types of distractions not only helps prevent accidents but also supports the push for broader legislative action.

According to the Centers for Disease Control and Prevention (CDC), distracted driving can be divided into three primary categories: visual, manual, and cognitive.

Visual Distractions- taking your eyes off the road (e.g., looking at a phone or a roadside attraction)
Manual Distractions- taking your hands off the wheel (e.g., eating or adjusting the radio)
Cognitive Distractions- Taking your mind off the road (e.g., daydreaming or talking with a passenger)

The Kansas Traffic Safety Resource Office (KTSRO) has identified 30 common distractions to drivers that fall within these categories. You can view these examples in the poster below.

Graphic: ktsro.org

Injuries Caused by Distracted Driving

Most car accidents in Kansas result in injuries to at least one person involved. However, accidents caused by distracted driving often lead to more severe injuries due to the driver’s lack of awareness leading up to the crash. In a typical accident, the driver may have time to brake or attempt evasive action, potentially reducing the severity of the collision. In contrast, a distracted driver is often entirely unaware of the impending impact, resulting in a stronger collision and more significant injuries.
The most common injuries in a distracted driving accident include:

• Whiplash and neck injuries
• Bone fractures
• Spinal cord injuries
• Soft tissue strains, sprains, or tears
• Traumatic brain injuries (TBIs)
• Partial or total paralysis
• Wrongful death

When injured due to distracted driving, it’s essential to receive immediate medical care. Not only does this ensure your safety and well-being, but it can also provide good depth to your personal injury claim with our team at Wallentine Injury Law.

Pursuing a Legal Claim for Distracted Driving in Kansas

As indicated earlier, accidents caused by distracted driving almost always involve negligence; therefore, it is highly advisable to pursue a legal claim if you’ve been injured by a distracted driver. Although Kansas follows a comparative fault system, meaning multiple parties can be held liable for the accident, distracted driving typically increases the fault percentage for the distracted driver significantly.

Our attorneys and paralegals are deliberate and strategic when building liability cases. We work to ensure the negligent party is held accountable for their actions. Supplementary to our efforts, there are key pieces of evidence and proactive steps you can take as the victim to strengthen your case. Click here to follow a more in-depth checklist after a car accident.

Steps to Take in a Distracted Driving Injury Claim

At the Scene:

• Exchange information with all parties involved- contact, insurance, and any other information that you feel might be helpful to your case.
• Gather evidence- Collect crash reports, witness statements, photographs, video footage, and any other evidence relevant to the wreck.

After the Scene:

• Seek prompt medical attention.
• Notify your insurance company about the accident.
• Keep all related documents, including medical records, vehicle repair estimates, receipts, etc.

At Wallentine Injury Law, we are here to lift the burden off your shoulders. While following these steps can strengthen your claim, it is our job to guide you through the legal process and fight for the compensation you deserve. Recoverable damages may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Punitive damages (in egregious cases)

Contact Our Team

If you’ve been injured by a distracted driver in Kansas, contact Wallentine Injury Law online today or by phone at (913)-934-6333 for a free consultation. You deserve justice, and our compassionate, trusted legal team is ready to help you pursue it.

References

https://www.ghsa.org/state-laws-issues/distracted-driving#:~:text=In%202023%2C%203%2C275%20people%20died,distracted%20driving%20every%20single%20day.

https://baderlaw.com/research/distracted-driving-in-america-2025/

https://www.trustedchoice.com/distracted-driving/kansas-laws/#:~:text=What’s%20the%20Difference%20between%20Primary,over%20and%20given%20a%20citation.

https://www.cdc.gov/distracted-driving/about/index.html#:~:text=Visual:%20taking%20your%20eyes%20off,and%20others%20on%20the%20road.

https://www.kslegislature.gov/li_2020/b2019_20/statute/008_000_0000_chapter/008_015_0000_article/008_015_0111_section/008_015_0111_k/

https://www.nhtsa.gov/risky-driving/distracted-driving

https://www.ktsro.org/distracted-driving

https://www.ksdot.gov/home/showpublisheddocument/11095/638753869101430000