What is The “Last Clear Chance” Doctrine?
Under Maryland law, those that contribute to the happening that causes them injury do not have a claim against anyone else that contributes to that same event. This is called contributory negligence, and it is a bar to recovery. This age-old principle can operate to preclude and prohibit a financial recovery, even where the other participant[s] are overwhelmingly more responsible or culpable, As Attorney Eric T. Kirk will tell you.
Solace from the harsh application of contributory negligence principles- and a corresponding recovery for a negligent plaintiff- may sometimes be found in the protective notion of ‘last clear chance’.
A plaintiff who caused or contributed to an accident would normally be barred from any recovery from the defendant, unless that defendant had a new opportunity – a last clear chance- and failed to prevent the harm to the plaintiff. The rationale for the rule is that a defendant, who has a fresh opportunity to avoid any car or motor vehicle accident and fails to, is, in fact, the more responsible for the accident [ a concept the law labels ‘proximate cause’]. rather than any initial negligence of the plaintiff.
Last clear chance cases are typically complex, and incredibly fact-dependent. I have tried more than a few. I’d be happy to discuss my experiences with you in a confidential setting. Contact me. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
