Last Clear Chance Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Last Clear Chance, written in plain English, along with examples of how it is used.

What is Last Clear Chance?

(n) Last clear chance is the remedy available to a defaulted plaintiff to recover the damages from the defendant on the ground that, the defended could have diverted the occurrence of the incident. For example, if a drunken man was hit while crossing the road carelessly, he can claim damages from the driver on the ground that driver could have stopped the vehicle to avert the accident.

History and Meaning of Last Clear Chance

The legal doctrine of last clear chance was first introduced in the late 19th century as a means of providing some recourse to plaintiffs who had contributed to their own injuries or damages. Essentially, the doctrine allows a plaintiff who was injured due to their own negligence or recklessness to recover damages from the defendant if the defendant had a clear chance to avoid the harm, even if the plaintiff could have done something to prevent it as well.

Examples of Last Clear Chance

  1. A pedestrian who is jaywalking is hit by a car. If the driver had a clear chance to stop or swerve to avoid the pedestrian, they may be found liable for the pedestrian's injuries even though the pedestrian was engaged in unsafe behavior.
  2. A construction worker is injured while working on a site where safety regulations have not been followed. If the site manager had a clear chance to intervene and enforce safety measures, they may be found liable for the worker's injuries even though the worker was aware of the risks involved in their job.
  3. A cyclist is hit by a car while riding in a bike lane. If the driver had a clear chance to yield to the cyclist or move out of the bike lane to avoid a collision, they may be found liable for the cyclist's injuries even though the bike lane is not mandatory.

Legal Terms Similar to Last Clear Chance

  1. Contributory negligence - a legal doctrine that bars a plaintiff from recovering damages if their own negligence or recklessness contributed to the harm they suffered.
  2. Comparative negligence - a legal doctrine that allows a plaintiff to recover damages proportionate to their own level of fault in an accident or injury.
  3. Assumption of risk - a legal defense that asserts that a plaintiff knew or should have known of the risks involved in an activity or situation and therefore cannot hold a defendant liable for harm suffered as a result.