The Last Clear Chance Doctrine and How It Can Effect Your Injury Case

In Virginia and North Carolina, courts follow the contributory negligence doctrine when assessing liability in a personal injury lawsuit. This is a harsh, unfair doctrine that can result in an injured plaintiff receiving no financial recovery if they are deemed to have contributed to causing the accident, even if only by one percent. However, there is a potential counter-defense known as the last clear chance doctrine. Virginia & North Carolina personal injury lawyer Rick Shapiro explains that this doctrine holds that a defendant may still be liable for the plaintiff’s injuries if they had an opportunity to avoid harming the plaintiff.