Kentucky Negligence and Reckless driving laws

Start Seeing us!
Oct 28, 2020
2 min read

Updated: Nov 9, 2021

Unlike many other states, Kentucky doesn’t have a “vehicular homicide” statute that applies exclusively to driving-related unlawful killings. However, a Kentucky motorist who causes the death of another person while behind the wheel can be prosecuted under the state’s more general homicide laws. Depending on the circumstances, a fatal accident could result in reckless homicide, second-degree manslaughter, or murder charges against the at-fault driver.

Driving-Related Homicide Charges

All homicides involve the unlawful killing of another person. The difference between the three types comes down to the mental state of the defendant. Here’s how reckless homicide, second-degree manslaughter, and murder are defined in Kentucky.

Reckless Homicide

A motorist can be convicted of reckless homicide for causing the death of another person while driving in a reckless manner. Kentucky defines recklessness as unknowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.

Second-Degree Manslaughter

A motorist who kills another person while driving “wantonly” can be charged with second-degree manslaughter. A person acts with wantonness by knowingly doing or failing to do something that creates a substantial and unjustifiable risk to others. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would use in like circumstances.

So the difference between recklessness and wantonness—and therefore between reckless homicide and second-degree manslaughter—is whether the defendant was aware of the risk created by the conduct. Generally, a person who was aware of but disregarded the risk is guilty of second-degree manslaughter, whereas a person without such awareness is guilty of reckless homicide.