Louisiana’s last clear chance doctrine is a legal doctrine that can help you as a plaintiff recover damages if you share some of the fault for your injuries. Understanding the last clear chance doctrine can play an essential role in recovering the compensation you may not have been able to recover otherwise.
Our Lafayette personal injury lawyer at Laborde Earles, with over 250 years of combined personal injury experience, explains Louisiana’s last clear chance doctrine to help you understand how it can help your case. Read on to learn more about the legal doctrine and how our team can help you recover compensation.
What Does the Louisiana Last Clear Chance Doctrine Say?
The Louisiana last clear chance doctrine was created in 1842 and states that if you were injured in an accident and were partly liable, you can still recover compensation if you can prove the negligent party had the last possible chance to prevent the accident.
Louisiana uses comparative negligence law, where if you are at fault for your injuries, your percentage of fault directly reduces your amount of recoverable compensation. However, if your Lafayette personal injury lawyer can prove that the liable party had the last opportunity to prevent the accident, you may be able to reduce your fault percentage.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhen Can Louisiana’s Last Clear Chance Doctrine Be Used?
The last clear chance doctrine is useful in any type of personal injury case. Several different types of lawyers from our law firm can apply the last clear chance doctrine to your case, such as our:
- Lafayette car accident lawyer
- Lafayette boat accident lawyer
- Lafayette motorcycle accident lawyer
- Lafayette construction accident lawyer
- Lafayette premises liability lawyer
- Lafayette bicycle accident lawyer
Our team at Laborde Earles can give you a free case evaluation where we can determine if you have a valid personal injury case. We’ll also determine whether we can use Louisiana’s last clear chance doctrine to recover damages for you.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhat Elements Must Be True for the Louisiana Last Clear Chance Doctrine to Be Valid?
The Louisiana Last Clear Chance doctrine allows you to recover damages in personal injury cases even if you were partly at fault for the accident. For this doctrine to apply, the following elements must be established:
- The plaintiff was in a position of peril and unaware or unable to remove themselves. This shows the plaintiff was negligent in putting themselves in a dangerous situation.
- The defendant was aware of the plaintiff’s peril or should have reasonably been aware through observation. This establishes the defendant knew the plaintiff was in danger.
- After discovering the plaintiff’s peril, the defendant could have avoided the accident through the exercise of reasonable care but failed to do so. This proves the defendant had a final opportunity to prevent the accident despite the plaintiff’s initial negligence.
- The defendant’s actions following the discovery of the plaintiff’s peril must be the proximate or direct cause of the accident and resulting injury. The defendant’s negligence must supersede the plaintiff’s as the primary cause.
If all of these conditions are met, the last clear chance doctrine allows you to recover full damages from the at-fault defendant, even if you were also partly negligent in causing the accident. This aims to incentivize responsible conduct when danger is recognized.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Evidence Can Help Prove the Negligent Party’s Last Clear Chance?
Our Lafayette personal injury attorneys can gather evidence to prove that the liable party had the last opportunity to prevent your injury. When you have the Louisiana last clear chance doctrine explained, you can better help our team gather relevant evidence that can benefit your case. Some of the evidence we can gather to prove this includes:
Eyewitness Accounts
Statements from people who witnessed the incident can provide insight into the actions of the negligent party after noticing you were in peril. Ask eyewitnesses what they observed about whether preventative measures could have reasonably been taken.
Their observations are important for your case. Have witnesses provide signed and dated statements detailing exactly what they saw to support your claim.
Photos or Videos
Visual recordings showing the moment the negligent party recognized your peril, but the injury still resulted can demonstrate a lost chance to prevent harm. Work with your Lafayette personal injury attorney to properly obtain any relevant photos, videos, or security footage.
This type of evidence strengthens your argument about a final opportunity. Photos or videos can objectively show timelines and distances involved.
Expert Analysis
Retain an expert with relevant qualifications to analyze factors specific to your case, like surroundings, physical dynamics, and timing implications. We can hire a subject expert to evaluate whether avoidance was feasible.
A thorough expert report estimating this lends credibility to claims of a last clear opportunity. An expert can determine if the negligent party took unreasonable actions or failed to take reasonable precautions based on the circumstances.
Admissions or Prior Statements
Pay attention to any testimony the negligent party provides or statements they have made in the past regarding what they observed, comprehended, and why alternative precautions were not attempted. Look for any contradictions, as these imply an ability to change the negative outcome. Prior statements can be used to override the negligent party’s testimony if their stories conflict.
Scene and Condition Reports
Consider documentation of contextual details at the time of the incident, such as location, weather, visibility, and any impeding or assisting circumstances. This evidence helps determine whether the situation permitted injury prevention through responsible conduct. Condition reports objectively document limitations or advantages in the environment.
Medical Records
Documentation from doctors and hospitals about the nature and extent of your injuries can support claims that damages occurred due to the negligent party’s failure to prevent harm when possible. Medical records provide evidence of harm directly resulting from the incident.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLearn More About the Louisiana Last Clear Chance Doctrine
At Laborde Earles, having the Louisiana last clear chance doctrine explained is essential in your personal injury case. Our team will examine your case and determine if the liable party had the last chance to prevent your accident and injuries.
Contact us to learn more about Louisiana’s last clear chance doctrine and how our team can help you.
