If you have been injured while jaywalking, or in other circumstances where you are not completely blameless, the rule of contributory negligence would ordinarily prevent you from recovering damages in North Carolina. Despite that, the “last clear chance” doctrine gives North Carolina plaintiffs a chance to recover even if they were technically doing something wrong.
In North Carolina, the last clear chance doctrine is not recognized as a standalone legal doctrine. North Carolina follows a rule known as contributory negligence, which is a strict standard for determining fault in negligence cases. Under contributory negligence, if a plaintiff is found to have contributed in any way, no matter how slight, to their injuries, they are generally barred from recovering any damages from the defendant.
The “last clear chance” doctrine is a legal principle that applies in certain negligence cases, including those involving motor vehicle accidents. The last clear chance doctrine allows a plaintiff to recover damages even if they were negligent themselves, as long as the defendant had the last clear opportunity to avoid the accident but failed to do so. This doctrine is sometimes referred to as the “doctrine of discovered peril.”
For a plaintiff to successfully use the last clear chance doctrine, the following circumstances must be met:
- The plaintiffs put themselves in danger that they could not escape from.
- The defendant understood that the plaintiff was in danger, or should have understood the plaintiff’s position based on what a normal person would think.
- The defendant could have avoided the accident, as judged by what a normal person would have done in their position.
- The defendant did not do everything that a normal person would have to avoid the accident.
- The plaintiff was injured because the defendant failed to try to avoid the accident.
A recent case in the Court of Appeals of North Carolina illustrates the last clear chance doctrine. There, a pedestrian walked across two lanes of a four-lane road and stopped on the median. Traffic was held up in the remaining two lanes, and the pedestrian walked in front of a stopped car in the lane next to the median. The driver of that stopped car then honked, and the pedestrian quickly ran into the next lane, where they were hit by a car.
The pedestrian tried to use the last clear chance doctrine in their lawsuit against the driver of the car that hit them, but the Court of Appeals held that the doctrine did not apply. Key to the court’s decision was that the driver was unaware of the pedestrian until the moment they hit them. The odds of a normal driver being able to avoid the pedestrian were so low that the court could not say that the driver had a reasonable chance. The pedestrians were also aware of the fact they were in danger when they chose to cross the four-lane road.
Nonetheless, the last clear chance doctrine offers relief from the strict application of contributory negligence for people injured in North Carolina, so it is important to consult with a qualified attorney if you have questions about a specific case or legal matter. Laws can change over time, so it’s essential to obtain the most up-to-date and accurate information for your situation.
At King Law, there are attorneys throughout North and South Carolina who handle these types of cases and can represent you in this unique situation. Call our toll-free number at 888-748-KING to request a consultation with one of these experienced attorneys.