No. A Last Clear Chance doctrine is used in some states that follow “contributory negligence” for personal injury cases. The doctrine is used as an exception to contributory negligence. However, California already follows “comparative negligence” in personal injury cases, erasing the need for a Last Clear Chance Doctrine.
The Difference Between Contributory Negligence and Comparative Negligence
The legal concept of Contributory Negligence means, among other things, that if the victim contributed even in a small way to causing the accident, the victim can’t seek financial compensation from another at-fault party.
This strict concept is used in some states. It prevents injured victims from getting any help with recovery costs. To offset this sometimes severe rule, the idea of the “Last Clear Chance Doctrine” was enacted. It allows victims to ask for support, even if they were partially to blame for the accident. It’s based on proving that the defendant in the case had the “last clear chance” to avoid the accident.
California is not a Contributory Negligence state and doesn’t have a “Last Clear Chance” exception.
California’s Comparative Negligence in Accidents
The “Last Clear Chance Doctrine” isn’t necessary in California, because the state already follows the rule of Comparative Negligence. Comparative negligence means that in accidents, such as a traffic collision, those involved can share blame. This allows injured victims to file injury claims and still win help with their recovery costs, even though they were partly liable.
Under comparative negligence, both drivers in a car accident could be assigned a percentage of blame. For example, one driver with injuries may be assigned 30% of the blame for speeding before a collision. The other driver may get hit with 70% of the blame for pulling out in front of traffic.
Under comparative negligence, the driver facing 30% liability could file a claim for getting medical bills paid, but any award would be reduced by 30%. The other driver could also file a claim if the driver suffered injuries, but any compensation awarded would be reduced by 70%.
Speak to a California Car Accident Lawyer If You’ve Been Hurt in an Accident
If you’ve been seriously hurt in an accident. You may need a skilled California car accident lawyer to help make sure you aren’t assigned too much blame, and that you receive everything you need to pay for your recovery.
Your Maison Law representative would be fighting to get your percentage of fault in an accident as low as possible. In some cases, your lawyer would act to get all of the blame removed if you weren’t really at fault. Then your lawyer demands the most support available for you.
Maison Law offers a free consultation to all injured car accident victims in California. There’s no obligation, but if you feel we can help you earn more, you won’t need any money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check that an insurance company must write for you.
