THE DOCTRINE OF LAST CLEAR CHANCE

Road Courtesy and Safety / DEFENSIVE DRIVING /THE DOCTRINE OF LAST CLEAR CHANCE

States that a person who has the last chance or opportunity of avoiding an accident, despite the negligent acts of his opponent, is considered in law solely responsible for the consequences of the accident.

Example: A motorcycle on the right side of the lane is followed by a taxi while on the other side of the lane is a truck. Then the taxi tries to overtake the motorcycle in front of it by swerving to the other lane thereby facing the upcoming truck. If the truck is at a reasonable distance from the overtaking taxi where the driver of the truck still has the opportunity to avoid the taxi but he did not so, the driver of the truck will be liable under the doctrine of last clear chance. The driver of the truck, who finally caused the accident had the last clear opportunity of avoiding the taxi but he did not take advantage of such opportunity. However, the contributory negligence of the taxi driver will lessen the damages to be paid by the truck driver.