Episode 18: Attorneys Robert Mattingly and Kevin Burke examine whether the absence of a valid driver's license is admissible evidence in standard Kentucky auto accident trials. While KRS 186.640 implies that unlicensed drivers are prima facie negligent, Rob and Kevin explain that Kentucky courts have long rejected this "cruel and almost savage" doctrine. Major cases such as Rentschler v. Lewis and Pierson v. Hartline affirm that a driver's license status is generally irrelevant to determining the specific cause of a collision. The discussion clarifies that these rules apply specifically to standard passenger vehicle accidents rather than commercial trucking or negligent hiring cases. Even if a statutory presumption of negligence exists, it is considered a legal matter for the judge and should not be presented to the jury. Finally, the episode notes that the judiciary's control over evidentiary rules suggests that legislative attempts to mandate the admission of such evidence may violate the separation of powers.

Editor's Note: If you are an attorney and would like CLE credit for this episode, visit the Kentucky Justice Association website, click the Education and Training tab and look for the podcast.

In Closing

That's a wrap on today's discussion. We hope you found the discussion insightful. As always, we encourage you to share this episode with your colleagues.

If you'd like the case notes, please sent us an email request and we'll be happy to email you the file including the cases, rules, etc.

You can follow our podcast on a variety of platforms including, Spotify, iHeartRadio, Amazon Music, Audible, Apple Podcasts and many more. Thanks for taking the time to listen.

For more information about the Law Offices of DeCamillis and Mattingly, PLLC

Address: 138 S. Third Street, Louisville, KY 40202 (across from The Old Spaghetti Factory)

Phone: (502) 589-2822

Website: DeCamillisMattingly.com

To Contact Kevin Burke:

Website: BurkeNeal.com

Phone: (502) 709-9975

Until next time, go find one thing you can do to change the world!

The Kentucky Bar Association Requires Us to State "This is an advertisement."