Texting and distracted driving laws in Kansas

Kansas bans texting behind the wheel for every driver, and a police officer can pull you over for that alone. What surprises most people is where the line sits. On most Kansas roads you can legally hold your phone and talk, but you cannot read or type a written message, and as of 2026 there are two zones where holding the phone at all can get you cited.

If a distracted driver hurt you, these rules matter to your claim. Breaking a traffic-safety statute is evidence that the other driver was not driving reasonably. Here is what Kansas law actually says, with the numbers and dates.

What the texting ban covers

Kansas law makes it illegal to "operate a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written communication."¹ That reaches texts, emails, and instant messages. It applies to every driver, and it is a primary offense, so an officer needs no other reason to stop you. The fine is $60 under the state's uniform fine schedule.²

The statute carves out several exceptions. You can enter a phone number to place a call, receive an emergency, traffic, or weather alert, read a message tied to the operation or navigation of the vehicle, or use the device to report a crime or prevent an injury.¹ A driver stopped off the traveled part of the road is outside the ban entirely.¹

The part people get wrong

Kansas has no general handheld ban for adult drivers. Outside the two zones described below, you can legally hold your phone and talk or use a navigation app, as long as you are not reading or typing a written message.¹ That gap is a big reason texting citations can be hard to prove, and it is why the state added a stricter rule in 2026.

The 2026 school and construction zone rule

House Substitute for Senate Bill 366 took effect July 1, 2026.³ It bars a driver from using a mobile telephone in a school zone when a reduced speed limit is being enforced, and in a road construction zone while workers are present and warning signs are posted.³ Just holding the phone creates a rebuttable presumption that you broke the rule.³ Hands-free use, a lawfully stopped vehicle, on-duty law enforcement, and genuine emergencies are exempt.³

The penalty is a $60 fine, but there is a grace period. Officers are required to issue warnings only, through July 1, 2027; the fine applies after that.⁴ For the first year, then, a violation in a school or work zone is a warning rather than a ticket.

Stricter limits for drivers under 18

Teen drivers face a much broader rule. A Kansas driver holding a restricted or instruction license, generally those under 18, "shall not operate a wireless communication device while driving a motor vehicle," with the only exception being to report illegal activity or summon emergency help.⁵ The statute defines that device broadly, covering a cell phone, a text-messaging device, a personal digital assistant, and even a laptop.⁵ A phone call that is legal for an adult is a violation for a young driver.

How common distracted driving is on Kansas roads

The scale is not small. Kansas recorded 13,888 crashes involving distracted drivers in 2023, with an estimated $2.86 billion in associated crash costs.⁶ "Inattention, general" was the most common driver contributing circumstance that year, cited in 12,277 crashes, roughly 17.9 percent of all crashes in the state.⁶ Wrecks tied specifically to mobile phone use accounted for 580 crashes in 2023, including 12 deaths and 262 injuries; across 2018 through 2023 that category totaled 3,564 crashes and 53 deaths.⁶ Nationally, distraction was a factor in 3,275 traffic deaths in 2023, about 8 percent of the total.⁷

Those phone-related counts almost certainly run low, since an officer can only code a distraction they can confirm at the scene.

What a distracted-driving crash means for your claim

If a distracted driver injured you, proof that they broke the texting statute or a zone rule is useful evidence of fault. Kansas uses modified comparative negligence: you can recover as long as you are less than 50 percent at fault, and your award is reduced by your share of the blame.⁸ Showing the other driver was texting or on a phone in a school zone helps raise their percentage and protect yours.

Even a call that is technically legal can still count against a driver. The texting ban and the zone rule set a floor, not a ceiling. A driver who was on the phone when they rear-ended you can still be found negligent under ordinary care standards, and the phone use is part of that picture.

Kansas is also a no-fault state, so your own personal injury protection coverage pays first, no matter who caused the crash.⁹ You can step outside that system and sue the at-fault driver for pain and suffering only if your reasonable medical bills reach $2,000, or you suffered a listed serious injury such as a fracture of a weight-bearing bone, permanent disfigurement, a permanent injury, or loss of a body part.¹⁰

Evidence disappears fast. Phone records, carrier data, and a vehicle's infotainment logs can show whether a driver was using a device at impact, but you usually have to move quickly, often through a lawyer's preservation letter or a subpoena, before they are overwritten. The police crash report is typically the first document to flag a suspected distraction. If your vehicle was badly damaged, a distracted-driver claim can also cover its diminished value on top of repairs.

One deadline governs all of it. A Kansas personal injury lawsuit has to be filed within two years of the crash.¹¹ Miss it and the claim is gone, however clear the other driver's phone records turn out to be. If your injuries are serious or fault is disputed, it is worth talking with a Kansas attorney early, while that evidence still exists.

This article is general information, not legal advice.

Sources

1. Kansas Office of Revisor of Statutes, K.S.A. 8-15,111. https://ksrevisor.gov/statutes/chapters/ch08/008_015_0111.html

2. Kansas Office of Revisor of Statutes, K.S.A. 8-2118 (uniform fine schedule). https://ksrevisor.gov/statutes/chapters/ch08/008_021_0018.html

3. Kansas Legislature, House Substitute for Senate Bill 366 (2026 Session). https://www.kslegislature.gov/li/b2025_26/measures/sb366/

4. Kansas Legislative Research Department, Legislative Highlights 2026. https://klrd.gov/2026/05/18/legislative-highlights-2026/

5. Kansas Office of Revisor of Statutes, K.S.A. 8-2,101 (restricted licenses). https://ksrevisor.gov/statutes/chapters/ch08/008_002_0101.html

6. Kansas Traffic Safety Resource Office (KDOT), 2023 Kansas Traffic Crash Facts Book. https://www.ktsro.org/files/2023FactsBook.pdf

7. National Highway Traffic Safety Administration, Research Note: Distracted Driving in 2023. https://crashstats.nhtsa.dot.gov/Api/Public/Publication/813703

8. Kansas Office of Revisor of Statutes, K.S.A. 60-258a. https://ksrevisor.gov/statutes/chapters/ch60/060_002_0058a.html

9. Kansas Office of Revisor of Statutes, K.S.A. 40-3103 (Kansas Automobile Injury Reparations Act). https://ksrevisor.gov/statutes/chapters/ch40/040_031_0003.html

10. Kansas Office of Revisor of Statutes, K.S.A. 40-3117. https://ksrevisor.gov/statutes/chapters/ch40/040_031_0017.html

11. Kansas Office of Revisor of Statutes, K.S.A. 60-513. https://ksrevisor.gov/statutes/chapters/ch60/060_005_0013.html