Last Clear Chance Doctrine

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Apr 15, 2010
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Atlanta,GA
An interesting concept. Basically this is why vehicles backing out of a parking space may not be at fault if a car hits them. OR if someone who pulls in front of a tractor trailer is responsible if they get rear ended by said tractor trailer.

"The doctrine considers which party had the last opportunity to avoid the accident that caused the harm. Therefore, a negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident."
 
The doctrine considers which party had the last opportunity to avoid the accident that caused the harm. Therefore, a negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident.
Any dime store lawyer can come up with a 'doctrine'.
What matters is what wins in court.
 
I don't disagree with it in principle - everyone should avoid an accident if they can. But of course the devil is in the details. I see this as yet another way for insurance companies to just not pay. "yes, my client cut you off but you should have been able to stop on a dime so its now your fault" ?
 
Yes, you can change lanes and someone will purposefully not brake and run into you and blame it on you.

This is why it's a good idea to have a dash cam. I have them in all my cars.
Well, I mean, you would be at fault for that so it makes sense they’d blame it on you.
 
Well, I mean, you would be at fault for that so it makes sense they’d blame it on you.
You can change a lane and go 35 mph while the other car is going 40 mph. If they have plenty of time to avoid hitting you and decide to just plow into you, it would be their fault.
 
This is tort law. It varies by state. Basically, if a jaywalker is crossing the street 500 feet in front of you, and you see him, you need to try to avoid hitting him. His negligence does not give you license to run him down.
This is obvious. However I read the OP's statement of whomever has the "last clear chance to avoid" meaning if a pedestrian steps out in front of me 10 feet away, is that far enough for me to swerve? If not what is - 20 feet, 50 feet? So the courts get to decide. So now I have to go to court because someone broke the law but their lawyer decided I had the last clear chance. And once in court, we all know the facts of the case often don't matter, its the depths of the pockets and how sympathetic the defendant can be made.

Bad idea.
 
My wife turned off of a street into a Walmart parking lot . As she was driving down the main entrance lane a girl cut across in front of her and my wife hit her in the passenger door . The girl's insurance pushed back on taking responsibility but eventually it went to a third party mediator where we prevailed .
 
This is tort law. It varies by state. Basically, if a jaywalker is crossing the street 500 feet in front of you, and you see him, you need to try to avoid hitting him. His negligence does not give you license to run him down.

SC Law regarding this:

"Nothing contained in Sections 56-5-3190 and 56-5-3200 shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick or not being guided by a dog of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick or to be guided by a guide dog upon the streets, highways, or sidewalks of this State to be held to constitute or be evidence of contributory negligence"

IOW, It's not the pedestrian's fault if they have bad vision or are blind if they cross anywhere on a street. Vehicle driver is at fault, regardless.

As said by k1, this is not a David Carradine movie (https://en.wikipedia.org/wiki/Death_Race_2000)
 
This is tort law. It varies by state. Basically, if a jaywalker is crossing the street 500 feet in front of you, and you see him, you need to try to avoid hitting him. His negligence does not give you license to run him down.
I see that as perfectly reasonable.
 
This is obvious. However I read the OP's statement of whomever has the "last clear chance to avoid" meaning if a pedestrian steps out in front of me 10 feet away, is that far enough for me to swerve? If not what is - 20 feet, 50 feet? So the courts get to decide. So now I have to go to court because someone broke the law but their lawyer decided I had the last clear chance. And once in court, we all know the facts of the case often don't matter, its the depths of the pockets and how sympathetic the defendant can be made.

Bad idea.
I'm fascinated by the dichotomy of thought in this country and how it has resulted in two very different worldviews. The crux of these two different worldviews seems to be what's "best for me" vs what's best for the "collective good". On many of the more "controversial" social/political topics which I will not specify here to avoid being in breach of the rules, I tend to think about it in general terms, I think about it from the POV of others, and not myself specifically. I factor myself into the situation as being part of the "general terms". So, in the above example, I don't think about ME having to go to court because I ran someone over. I think about someone innocently crossing the street, illegally, and someone else perhaps not intentionally running them down, but someone who was peed off about the jaywalker intentionally using less caution than they could've and hitting the pedestrian. Regardless of the fact the pedestrian crossed the street illegally, it seems entirely reasonable to me that if possible they should not pay for this minor transgression with their life or health and that if the driver can avoid running them down they should, in fact, attempt to avoid hitting the pedestrian. Sure, there will be gray situations where the pedestrian says the driver could've avoided them and the driver says they tried and it was not possible to avoid them, but, life is messy sometimes. I err on the side of what is best for society, namely trying to avoid running people over, and not what is best for me if I in fact accidentally run a jaywalker over and they claim it was not an accident.

The "best for me" view is someone did something illegal and therefore I hold no blame whatsoever for the outcome. The "collective good" view is let's try and not run people over even if they're doing something illegal - it may not always be possible but it's a worthy goal. I'm not saying one is right or wrong but I think this major difference in how Americans think exists and it extends well beyond the above example.
 
Even if the party that hit you was speeding? Don’t think that would hold up.
You can only merge into a lane when it's clear. Obviously, we can make up what if scenarios all day that will be exceptions to the rule but I'd rather spend our time doing something more wise.
 
You can change a lane and go 35 mph while the other car is going 40 mph. If they have plenty of time to avoid hitting you and decide to just plow into you, it would be their fault.
You can also only change lanes and merge when it's clear. If you're hitting someone as you merge into their lane, it clearly wasn't clear. :ROFLMAO:


8-1522. Driving on roadways laned for traffic; driving in right lane required; exceptions. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply.

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
 
I'm fascinated by the dichotomy of thought in this country and how it has resulted in two very different worldviews. The crux of these two different worldviews seems to be what's "best for me" vs what's best for the "collective good". On many of the more "controversial" social/political topics which I will not specify here to avoid being in breach of the rules, I tend to think about it in general terms, I think about it from the POV of others, and not myself specifically. I factor myself into the situation as being part of the "general terms". So, in the above example, I don't think about ME having to go to court because I ran someone over. I think about someone innocently crossing the street, illegally, and someone else perhaps not intentionally running them down, but someone who was peed off about the jaywalker intentionally using less caution than they could've and hitting the pedestrian. Regardless of the fact the pedestrian crossed the street illegally, it seems entirely reasonable to me that if possible they should not pay for this minor transgression with their life or health and that if the driver can avoid running them down they should, in fact, attempt to avoid hitting the pedestrian. Sure, there will be gray situations where the pedestrian says the driver could've avoided them and the driver says they tried and it was not possible to avoid them, but, life is messy sometimes. I err on the side of what is best for society, namely trying to avoid running people over, and not what is best for me if I in fact accidentally run a jaywalker over and they claim it was not an accident.

The "best for me" view is someone did something illegal and therefore I hold no blame whatsoever for the outcome. The "collective good" view is let's try and not run people over even if they're doing something illegal - it may not always be possible but it's a worthy goal. I'm not saying one is right or wrong but I think this major difference in how Americans think exists and it extends well beyond the above example.
And that is my point entirely - and your "good of the many example" nails it. So someone steps into the street, and someone does there best to avoid them but still hits them. Two good people, bad timing. Now what. Oh yes, we will let the lawyers and insurance companies sort it out? All that does is benefit the lawyers and insurance companies and not the many.

Our entire legal system is founded on common law - and I think the common man on the street would say that if you can avoid running someone over at all costs you should - and most would agree even in these political times. So why do we need more laws?
 
And that is my point entirely - and your "good of the many example" nails it. So someone steps into the street, and someone does there best to avoid them but still hits them. Two good people, bad timing. Now what. Oh yes, we will let the lawyers and insurance companies sort it out? All that does is benefit the lawyers and insurance companies and not the many.

Our entire legal system is founded on common law - and I think the common man on the street would say that if you can avoid running someone over at all costs you should - and most would agree even in these political times. So why do we need more laws?
1. Last clear chance doctrine on the books or not - if you hit someone with your car, regardless of your intentions or their jaywalking status, you are more likely than not still going to end up in court. Someone can and will file a lawsuit for just about anything. Now that you're in court anyway this law gives you the defendant a defense - did you do your duty and try and avoid the plaintiff? Yes, yes I did.

2. What this does do is potentially hold someone accountable who did not do everything they possibly could to avoid the pedestrian.

3. If you live in a place that does not have this law, who is this person that absolves you of the need to go to court in this scenario before you actually go to court? Imagine the above scenario where there is a jaywalker but you were speeding at 155mph when you hit this person. Police show up and the pedestrian is dead and they get what, just your side of the story? As much as the lawsuit may be a PITRE for you, it could lead to the discovery that you too were at fault through speeding. Or not...who knows...after all it just says if you have the ability to avoid this accident please make the attempt.

4. Now imagine you aren't the driver but the pedestrian. You have to cross the street and the closest intersections are 1/2 mile in each direction. You do your due diligence and look both ways not having any idea someone would be driving at 155mph and covering much more distance/time than anyone could anticipate. Your life cut short by a madman doing 155mph on a public road, the pain to your family, the financial implications, etc, etc. all being dismissed because you were jaywalking? Extreme example? Sure, but still plausible. Maybe you were going the speed limit but texting? To the police on the scene, there were no indications of wrongdoing or excessive speed and your phone records wouldn't likely be pulled unless there was a lawsuit filed. I can go on all day with these plausible scenarios but the real point is not having this law on the books isn't going to get you out of going to court.
 
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