North Carolina’s personal injury laws restrict the rights of accident victims to seek compensation if they share some of the fault for the accident. However, the “last clear chance” doctrine provides an exception that may allow a personal injury plaintiff to recover compensation despite their partial responsibility for the accident. Because the doctrine applies in limited circumstances, you need an experienced North Carolina personal injury lawyer to help you prove that the doctrine allows you to pursue financial recovery for your injuries and losses.
The Challenge of Contributory Negligence in North Carolina
North Carolina’s strict laws can make it exceedingly difficult to recover compensation in a personal injury claim if you have any responsibility for the accident that injured you. Most states in the U.S. follow a more modern comparative negligence rule, which does not automatically bar a plaintiff from recovering compensation in a personal injury claim just because they share some of the fault for the accident that injured them.
Conversely, the pure contributory negligence rule in North Carolina precludes financial recovery even when a plaintiff bears the smallest share of fault for an accident. For example, when a plaintiff bears 1 percent fault for an accident, the contributory negligence rule bars them from pursuing a personal injury claim.
A Ray of Hope for Injured Victims in a Tough Legal System
If you suspect that your own negligence may have played a role in the accident in which you sustained an injury, don’t lose hope just yet. The laws may be strict, but there are ways for personal injury victims to seek damages for their losses, including their medical expenses, lost wages, and pain and suffering. North Carolina law recognizes a few exceptions to the contributory negligence rule, including the “last clear chance” doctrine.
What Is the Last Clear Chance Doctrine?
The last clear chance doctrine provides an exception to the harsh effects of the contributory negligence rule. Under the last clear chance doctrine, a plaintiff who bears some fault for an accident can still seek recovery from a defendant if the plaintiff proves that the defendant had the “last clear chance” to avoid the accident and failed to do so. When a defendant fails to take the “last clear chance” to prevent an accident, a plaintiff may have the right to recover compensation even though they share some of the responsibility for causing the accident. The last clear chance doctrine recognizes that a defendant could have prevented the accident, yet negligently failed to do so.
The Four Elements You Must Prove
Applying the last clear chance doctrine in a personal injury case will require you to prove four elements:
- First, you must show that your negligence put you in a position of danger for an accident that you had no way to escape from through reasonable care.
- Next, you must prove that the defendant knew of or should have discovered your dangerous position and inability to escape.
- You must also show that the defendant had the ability and opportunity to exercise reasonable care to avoid endangering you.
- Finally, you must prove that the defendant negligently failed to avoid injuring you.
Common Accident Scenarios Where It Applies
Examples of scenarios where the last clear chance doctrine might apply include:
- A pedestrian crosses the street outside of an intersection or marked crosswalk without checking for oncoming traffic. An oncoming driver sees the pedestrian in time to brake or swerve to avoid hitting the pedestrian, but fails to do so. Even though the pedestrian put themselves in danger by crossing the street in an area where they had to yield the right of way to vehicular traffic, the driver had the last clear chance to prevent the accident by braking or swerving.
- A person steps or kneels under scaffolding or shelving without noticing a forklift driver placing a pallet on top of the scaffolding or shelving. Rather than stopping or instructing the person to move away, the forklift driver picks up another pallet and places it on the scaffold or shelving, even though they should have seen the person and stopped the operation. The scaffold collapses and injures the person below.
- A person walks back from a gas station carrying gas to refuel their vehicle, but walks along the right side of the road (rather than on the left side to observe oncoming traffic). A driver coming up from behind sees the person walking along the fog line but does not slow down, stop, or pass the person with sufficient distance to avoid hitting them.
- A disabled vehicle is parked in a lane on a multilane highway, rather than on the side of the road. Other traffic safely proceeds around the disabled vehicle, but one driver fails to follow the flow of traffic and rear-ends the disabled vehicle. That driver may have had the last clear chance to avoid the collision by following traffic.
Steps to Take if You Think Last Clear Chance Applies
When the facts of your case may allow you to assert the “last clear chance” doctrine to avoid the harsh effects of the contributory negligence rule, steps you should take to protect your legal options include:
- Obtain copies of any accident reports or surveillance footage of the accident.
- Gather and organize the evidence you collected at the accident scene, such as photos or videos you took with your cell phone.
- Avoid admitting fault for the accident to the other party, law enforcement, or insurance companies.
Finally, contact a personal injury attorney as soon as possible to discuss whether the last clear chance doctrine may apply to your case. An attorney can review the facts of your case and work with accident reconstruction experts to show how the other party had the “last clear chance” to avoid the accident and negligently failed to do so.
Contact Our North Carolina Personal Injury Lawyers to Learn More About Your Options
If you get hurt in an accident in North Carolina, the last clear chance doctrine may affect your right to seek compensation for your injuries and losses. Contact Kreger Brodish LLP today for a free, no-obligation consultation with a North Carolina personal injury lawyer to discuss your legal options in an accident claim in which you might share some responsibility for causing the accident.
