What is Louisiana’s Last Clear Chance Doctrine?

Personal injury attorney Grady J Flattmann, accident injury expert in Covington, LA. also serving Mandeville, Madisonville, Bogalusa, Abita Springs, Folsom, Franklinton, Hammond, Ponchatoula, and surrounding St Tammany Parish, Tangipahoa Parish, and Washington Parish
Answered by
Grady Flattmann

Louisiana, like a lot of states, has a legal theory called the “last clear chance doctrine.”  This means that drivers have a duty to take reasonable action to avoid being in a wreck.  If the driver does not take reasonable action, then the other party to the wreck may have a claim (or defense) against him for causing or contributing to the accident.  

For example: Bill is backing out of a Rouse’s parking spot without looking behind him to see if anyone is coming.  Gary, who is looking for a spot, sees Bill backing out but instead of stopping, tries to quickly scoot around Bill.  The two collide.  Even though Bill was negligent for failing to look behind him before backing, Gary had the opportunity to stop and avoid the accident.  In this instant, it would have been reasonable for him to do so.  Thus, if Gary filed a claim against Bill for negligence, Bill could defend himself by arguing that Gary was also negligent in failing to stop.  

Not All Car Wrecks Are Straightforward, That’s Where We Come In!

Have you been injured in an accident and want a personal injury law firm that will help you every step of the way  contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.

Schedule a free, confidential consultation with Flattmann Law today.

When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.

Schedule your free case review
Schedule your free case review
Learn more
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

More articles from our personal injury legal library

Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.

Go to our legal library
Go to our legal library
Go to
This is some text inside of a div block.
Go to
Other Injuries
Halloween Safety Tips for Louisiana Pedestrians, Drivers, and Homeowners
This is some text inside of a div block.
Go to
General
Questions to Ask Before Hiring a Louisiana Personal Injury Lawyer
This is some text inside of a div block.
Go to
Bicycle Accident Injury
Defensive Walking and Biking: Staying Safe on Louisiana Roads and Trails