Many people have challenged Maryland’s “pure contributory negligence” law because they believe it is unfair. Nevertheless, it remains a staple of state law. The problem with this rule is that it can deprive an accident victim of any chance to recover compensation if they were even just 1% at fault. Fortunately, the last clear chance doctrine might come to their rescue. However, it is not that simple.
What is the last clear chance doctrine?
The last clear chance doctrine gives the pedestrian a chance to seek financial compensation. For instance, if the defendant had a chance to avert the accident and failed to take reasonable steps to do so, they may be held liable under personal injury claim. This would be despite the fact that the plaintiff also contributed to the accident.
When does the court consider the doctrine?
Courts generally consider what transpired moments before the accident seriously. Courts look closely at whether a new opportunity to avoid the harm arose after the pedestrian was already in danger. After careful analysis, if the court finds that the driver had a chance to avoid the accident, despite the pedestrian’s negligence, they may be held liable under the last clear chance doctrine.
What are the elements you must prove?
To invoke this doctrine, you have to meet specific legal criteria. A skilled attorney can help you establish the following three facts:
- You found yourself in a position of danger due to your own negligence.
- The driver knew or should have known that you were in danger.
- The driver had the time and fresh opportunity to prevent the collision but failed to do so.
If you manage to establish these facts, you might be able to ask the court to hold the responsible driver liable.
Building a strong last clear chance claim
Just one piece of information can tip the scales in your favor or against you. If you believe you deserve compensation for the accident, it’s worth being careful about every step you take in the case. With the help of a legal counselor, you can gather the right evidence and make informed decisions.