Is There Really a Last Clear Chance?

Arguments about who had the “last clear chance” get thrown around a lot in the auto subrogation world, but Last Clear Chance is a legal term of art that limits the harshness of contributory negligence rules.  Whether your jurisdiction refers to it as the Doctrine of Discovered Peril, the Doctrine of Supervening Negligence, or even the Humanitarian Doctrine, the effect is the same: a Defendant cannot shield himself with contributory negligence if he had the opportunity to avoid the harm to the plaintiff. 

On this week’s episode, Rebecca and Steve take some time to explain the elements required to successfully invoke the Last Clear Chance Doctrine.  Join us to discover how and where this doctrine will allow you to recover on your claim in a contributory negligence state, and when this argument doesn’t stand a chance.