History: L. 1974, ch. 33, § 8-1601; July 1.
(b) A person who violates this section which results in:
(1) Injury to any person shall be guilty of a class A person misdemeanor.
(2) Great bodily harm to any person shall be guilty of a severity level 10, person felony.
(3) The death of any person shall be guilty of a severity level 9, person felony.
(c) The director may revoke the license or permit to drive or any nonresident operating privilege of any person so convicted.
History: L. 1974, ch. 33, § 8-1602; L. 2006, ch. 182, § 1; July 1.
History: L. 1974, ch. 33, § 8-1603; July 1.
(b) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (a) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of K.S.A. 8-1602, and amendments thereto, and subsection (a) of this section, insofar as possible on such person's part to be performed, shall forthwith report such accident to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (a) of this section.
(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. 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; July 1.
History: L. 1974, ch. 33, § 8-1605; L. 1984, ch. 39, § 11; Jan. 1, 1985.
(b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection (a) and there was an occupant 18 years of age or older in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.
(c) Whenever the driver of a vehicle is involved in an accident resulting in property damage in the amount of $1,000 or more and such driver believes the conduct of other individuals causing or involved in such accident would place such driver in imminent danger of bodily injury by such individuals, such driver shall be required to provide the notice required by subsection (a), as soon as the imminent danger has passed.
(d) A person who violates this section which results in:
(1) Injury to any person or property damages in excess of $1,000 shall be guilty of a class A person misdemeanor.
(2) Great bodily harm to any person shall be guilty of a severity level 10, person felony.
(3) The death of any person shall be guilty of a severity level 9, person felony.
History: L. 1974, ch. 33, § 8-1606; L. 1978, ch. 38, § 2; L. 1984, ch. 39, § 12; L. 1985, ch. 52, § 1; L. 1994, ch. 342, § 1; L. 2004, ch. 133, § 1; L. 2006, ch. 182, § 2; July 1.
History: L. 1974, ch. 33, § 8-1607; L. 1978, ch. 38, § 3; July 1.
History: L. 1974, ch. 33, § 8-1608; L. 1984, ch. 39, § 13; Jan. 1, 1985.
History: L. 1974, ch. 33, § 8-1609; July 1.
History: L. 1974, ch. 33, § 8-1610; L. 1989, ch. 42, § 1; Jan. 1, 1990.
(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 $1,000 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 electronic submission of reports prepared by computer and containing the information required to be included in written reports. The format of such electronic 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.
(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.
History: L. 1974, ch. 33, § 8-1613; L. 1975, ch. 427, § 32; Aug. 15.