Waldorf, MD Auto Accidents: Using the “Last Clear Chance” Doctrine to Defeat Contributory Negligence
Maryland is one of the few remaining States which uses a pure doctrine of contributory negligence in auto accident cases. In brief, contributory negligence means a situation where the victim contributed to the accident and/or injuries. That is, the victim was also negligent in some manner that had a causal connection to the accident or injuries. If there is even a little bit of contributory negligence, then the victim will receive no recovery of compensation.
However, it is very important that the victim NOT assume that he or she contributed to the accident or to the injuries. You may think so, but you might also be wrong. You need a consultation with experienced Maryland personal injury and auto accident lawyers. Call us here at the Law Office of Robert Castro at (301) 870-1200. We are located in Waldorf, Maryland. The issue of contributory negligence is a nuanced legal issue. There are some ways of defending against the doctrine. One such method of defeating contributory negligence is called the “Last Clear Chance” Doctrine.
The Last Clear Chance Doctrine allows a victim to recover even if the victim was contributorily negligent. There are two types of cases. First, the Last Clear Chance applies where the victim is in a dangerous situation caused by the victim’s own negligence, and the other party has a chance – the “last clear chance” – to avoid the accident. In the second type of case, there is a sequence of negligence, first by the other party, then by the victim and, thereafter, the other party had a fresh opportunity — of which the other party was aware — to avoid injury to the victim, but failed to do so. In more legal terms, the second kind of case applies if
(i) The other party — called the defendant — is negligent
(ii) The victim — called the plaintiff — is contributorily negligent and
(iii) The plaintiff makes a showing of something new or sequential, which affords the defendant a fresh opportunity (of which he fails to avail himself) to avert the consequences of his original negligence
This “fresh opportunity” is the defendant’s “last clear chance” to avoid the accident and/or injuries caused by his or her original negligence.
The second type of case is very rare. An example of the first type of case might help. Consider a case where the victim stops his or her car along the side of a road but does so negligently. Maybe the car is too far toward the road, maybe actually on the road, or maybe the driver does not put on the vehicle’s flashers or fails to put out some other warning. The driver of the car is negligent under any of these circumstances. Now assume that 10 minutes later, a driver of a truck comes along who is not keeping a careful watch (and, maybe, is speeding). The truck’s driver is negligent. Then, the truck smashes into the car, causing injuries and damage to the car. In that kind of case, despite negligently stopping his or her car along the road, the injured victim will likely recover. The driver of the truck had the last clear chance to avoid the accident and avoid causing injury and/or damage to the car.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
