In San Diego, you can find diverse legal doctrines in personal injury law, and the “last clear chance” rule is one of them. Based on this rule, the filed case regarding personal injury can be influenced, where both the plaintiff and defendant share the fault. So, if you are involved in such a case, you need to understand this rule to determine the liability and how you can recover the damages.
What is the Last Clear Chance Rule?
There is a strict contributory intelligence rule; an exception is the last clear chance doctrine. Based on the contributory intelligence rule, if the plaintiff is found to be sharing partly a liability, then they would be barred from recovering any damages. This harsh outcome led to the development of the last clear chance rule to mitigate such a rigid decision.
How Does the Last Clear Chance Rule Work?
If, in a personal injury case, it is found that a defendant had all the opportunity to avoid the accident but could not, then this last clear chance rule is applied. It is also applicable if the defendant could have avoided harming the plaintiff but could not and has tried enough to be reasonable at the moment but still late to the accident. Based on this doctrine, if the plaintiff was negligibly liable, they can still recover the damages.
Application in Personal Injury Cases
According to https://hhjtrialattorneys.com/, when it comes to applying the last clear chance rule, it has several key considerations that one should take into account, such as:
Plaintiff’s Position of Peril
If the plaintiff cannot escape a dangerous situation and there are no escape routes, even though reasonable means were applied, then this rule applies.
Defendant’s Awareness
If the defendant is aware of the plaintiff’s perilous position or if they are reasonably aware, then this rule is also applied.
Opportunity to Avoid Harm
The defendant, by exercising every means of reasonable care, tried to prevent the accident at the clear and last opportunity but still failed to take proper action. In this situation, the last clear chance rule is applicable.
Limitations
There were also certain limitations to the last clear chance rule, but previously, it was meant to provide a way to achieve fair outcomes under contributory negligence systems. However, its relevance has diminished in jurisdictions, and the comparative negligence rule has been adopted. Based on the comparative negligence system, the fault would be apportioned between the parties, and based on the liability, a plaintiff can still recover damages. However, there would be a reduction based on the percentage of fault. This rule has been strictly applicable based on modern relevance, making the last clear chance doctrine no longer necessary.
Final Words
If you are involved in any personal injury case and have been partly involved in the accident, you can still recover damages based on the last clear chance rule. However, it must be proven that the defendant had an opportunity to prevent the harm but couldn’t. Even though its application has been declined, a personal injury lawyer would suggest whether it would be required based on the situation and necessity. They can also help you to guide through the complexities and attain a fair outcome.
