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Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

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,  

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. 

     -This Article was updated by Eric Kirk on 10/22/19. 

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.