What is Louisiana’s Last Clear Chance Doctrine?

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.

Grady Flattmann
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Local Covington, Louisiana attorney focusing 100% on personal injury matters.