--- description: Auto accident attorneys in DC discuss the "Last Clear Chance" doctrine and how it can impact compensation. title: Last Clear Chance Doctrine | DC Accident Attorney canonical: https://www.chaikinandsherman.com/blog/2016/10/d-c-court-of-appeals-rules-on-the-scope-of-the-last-clear-chance-doctrine-in-auto-accident-cases/ date_published: 2016-10-14T01:49:07+00:00 date_modified: 2024-09-04T16:27:57+00:00 practice_area: auto-accident --- - Last Clear Chance Doctrine | DC Accident Attorney [Back to CSCS Blog](https://www.chaikinandsherman.com/blog/) # D.C. Court of Appeals Rules on the Scope of the “Last Clear Chance” Doctrine in Auto Accident Cases [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » D.C. Court of Appeals Rules on the Scope of the “Last Clear Chance” Doctrine in Auto Accident Cases [October 13, 2016](https://www.chaikinandsherman.com/blog/2016/10/13/) - [Car Accidents](https://www.chaikinandsherman.com/blog/category/practice-areas/car-accidents/) The District of Columbia is one of the few jurisdictions that applies the law of “contributory negligence.” For example, this means that if a wrongdoer negligently operates his vehicle so as to cause a motor vehicle collision, but the victim also did something negligent that contributed to the accident – even if the victim was [much less at fault](https://www.chaikinandsherman.com/2014/11/can-a-law-firm-be-liable-for-a-lawyers-auto-accident-while-hes-driving-to-work/)than the wrongdoer – then the victim cannot win a lawsuit against the wrongdoer. However, the District of Columbia also recognizes another legal doctrine that softens the rule of contributory negligence. This legal doctrine is called the [“last clear chance”](https://www.chaikinandsherman.com/2016/02/how-the-doctrine-of-last-clear-chance-helps-plaintiffs-in-personal-injury-lawsuits/)doctrine. This means that if the wrongdoer was negligent and the victim was also contributorily negligent; and, as a result, the victim was put in a position where he/she was helpless to save him or herself; and the wrongdoer was still in a position to avoid injuring the victim, then the wrongdoer had the “last clear chance” to prevent injury and is responsible for the harm that follows. In a recently decided case, Fisher v. Latney, [the District’s high court](https://www.chaikinandsherman.com/2016/05/d-c-court-of-appeals-holds-metro-accountable-for-slippery-station-floors/), the Court of Appeals, further defined the circumstances under which the last clear chance doctrine may apply. In Fisher, the plaintiff was driving on three-lane roadway in the right lane. The plaintiff then changed lanes suddenly from the right lane all the way to the left lane, just in front of the defendant’s vehicle. The left bumper of plaintiff’s vehicle then came into contact with the front of the defendant’s vehicle. As a result of the collision, the plaintiff was injured. At trial, the plaintiff acknowledged that there was evidence that he was contributorily negligent, but he asked the judge to permit the jury to find that the defendant was still liable under the last clear chance doctrine. The judge refused and, on appeal, the[Court of Appeals](https://www.chaikinandsherman.com/2017/12/dc-court-of-appeals-rules-on-admissibility-of-expert-testimony-in-cell-phone-cancer-case/) held that this was the right decision for two reasons: First, there was no evidence that the Plaintiff was unable to save himself from the danger that he had put himself in by changing lanes suddenly; and, second, there was no evidence that the defendant was in a position to save the plaintiff, as the plaintiff’s lane-change was sudden and unexpected. Where you’ve been injured in a [motor vehicle collision](https://www.chaikinandsherman.com/car-accidents/), determining whether you may have been contributorily negligent – and whether the wrongdoer can still be held liable under the last clear chance doctrine – can require expert legal analysis. If you have been hurt in an automobile collision, you should [contact](https://www.chaikinandsherman.com/contact-us/) the personal injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C., for a free consultation to see whether you have a strong case. [Contact Chaikin, Sherman, Cammarata & Siegel, P.C.](https://www.chaikinandsherman.com/contact-us/) by phone at (202) 659-8600 to get started with your personal injury claim. Find Something Interesting? Share This post Facebook X LinkedIn Email Print ## Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [Free Consultation](#) #### In This Post ## Contact Us Today! "*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Send ## Recent Posts [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)08/21/2026 By Allan M. Siegel, Partner — Chaikin, Sherman, Cammarata &... [Read More](https://www.chaikinandsherman.com/blog/2026/08/insurance-claim-denied/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)07/30/2026 Partner Allan M. Siegel represented two clients who were passengers... [Read More](https://www.chaikinandsherman.com/blog/2026/07/cscs-wins-780000-settlement-for-two-passengers/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)07/29/2026 Partner Allan M. Siegel served on the faculty of the... [Read More](https://www.chaikinandsherman.com/blog/2026/07/partner-allan-m-siegel-invited-to-serve-on-the-faculty-at-the-aajs-first-traumatic-brain-injury-college/) [Joseph Cammarata](https://www.chaikinandsherman.com/blog/author/jcammarata/)07/29/2026 Partner Joseph Cammarata has been appointed adjunct professor at American... [Read More](https://www.chaikinandsherman.com/blog/2026/07/joseph-cammarata-american-university-washington-college-of-law/) Load More ```json-ld {"@context":"https://schema.org","@graph":[{"@type":"LegalService","@id":"https://chaikinandsherman.com/#firm","name":"Chaikin, Sherman, Cammarata & Siegel Personal Injury Lawyers","url":"https://www.chaikinandsherman.com/","telephone":"+1-202-659-8600","email":"publicrelations@dc-law.net","logo":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/new-logoBaskerville@2x.png","image":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/cscs-firm-photo.jpg","description":"Chaikin, Sherman, Cammarata & Siegel is a Washington D.C. personal injury law firm with decades of experience representing accident victims throughout DC, Maryland, and Virginia.","foundingDate":"1969","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"},"founder":[{"@type":"Person","name":"Joseph Chaikin","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Person","name":"Ira Sherman","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"employee":[{"@type":"Attorney","name":"Allan M. 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