KRS 411.294: Rebuttable presumption in action against contracting entity that

prohibited conduct was substantial factor.

In any action for injury, damages, or wrongful death, whether in contract or in tort,

against a contracting entity, its contractor, or its design professional arising from any

negligent act or omission in the design, construction, or maintenance of a public highway,

road, bridge, or street, when it is established by a preponderance of the evidence that:

(1) The operator of the vehicle en gaged in conduct that would have supported a

violation of KRS 189.292 or 189A.010; or

(2) The vehicle was traveling at a rate of twenty -five (25) or more miles per hour over

the applicable speed limit;

there shall be a rebuttable presumption that the proh ibited conduct was a substantial

factor in causing the injury, damages, or wrongful death.