--- 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 --- Last Clear Chance Doctrine | DC Accident Attorney # D.C. Court of Appeals Rules on the Scope of the “Last Clear Chance” Doctrine in Auto Accident Cases Last Updated: September 4, 2024 Reading Time: 2 minutes Trusted Content Legally Reviewed by Allan Siegel Updated 2 years ago [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 What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $18.8 Million Car Crash $2 Million Car Crash $1.9 Million Car Crash $1.37 Million Car Crash $1.1 Million Car Crash $1 Million Car Crash [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) They were adamant about getting me the best settlement. Torkwase Akinalana Car Accidents Proved to be the perfect advocate Michael Bizik Car Accidents I highly recommend the law firm of Chaikin, Sherman, Cammarata, and Siegel P.C. Anna Pastel-Powell Car Crash Mr. Siegel’s strong conviction, dedication, and determination prevailed in a legal victory. Gail Payne Car Accidents I knew I was in good hands once I stepped into their office. Gladys Ibeh Car Accidents They treated me like I was their only client, from beginning to end. Joy Lopez Car Accidents 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* Watch our attorneys explain how they fight for car accident victims across DC, Maryland, and Virginia. With over $1 billion recovered, our team knows how to build a winning case — from investigation through trial. Video Transcript **Speakers:** Ira Sherman, Joseph Cammarata, Stephen Ollar, Allan Siegel **Ira Sherman (00:02):** I would say that Chaikin, Sherman, Cammarata and Siegel has a completely different outlook on cases that other people think are garden variety automobile accidents, because to the person who is involved in that accident, that’s not garden variety, that’s altering their life. **Joseph Cammarata (00:21):** First of all, we don’t advertise. People come to us by word of mouth, either from defense lawyers, from insurance companies, from colleagues at the bar. They know that we have decades of experience in the personal injury field. They know that what we bring to bear is a group of lawyers that work and non-lawyers that work as a team to make sure we understand what the nature and the extent of the injury is. We make sure we understand and can express to a third party just what those injuries are, and we work to obtain the most compensation that we can for an individual. **Stephen Ollar (01:04):** What we do a lot of is discovery, not just discovery of the facts of the case, but discovery about insurance. It may be that the individual was operating the vehicle for an employer, and if they were acting with what we call the course and scope of their employment, then there could be potentially additional coverage that would cover a person for those injuries. **Allan Siegel (01:27):** We’ve been handling car accident cases since Don Chaikin founded this firm over 50 years ago. Since we spend a lot of time and we have a lot of those cases, we have developed a level of experience and knowledge that I think is very unique in our field. There aren’t many law firms who can say that they’ve been doing this type of work for over 50 years. **Ira Sherman (01:52):** I care enough to look to determine who this person is and how it affected them, and that takes up a lot of my conversation with our clients. 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. [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) 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. Speak to a Specialist Visit Us in Person 1232 17th St NW Washington, DC 20036 The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including [Virginia](https://www.chaikinandsherman.com/car-accidents/virginia/) ([Northern Virginia car accident cases](https://www.chaikinandsherman.com/car-accidents/northern-virginia/), [Arlington](https://www.chaikinandsherman.com/car-accidents/auto-accident-attorneys-in-arlington-va/), [Fairfax County auto accident claims](https://www.chaikinandsherman.com/car-accidents/fairfax/), [Woodbridge](https://www.chaikinandsherman.com/car-accidents/woodbridge-va/), [Manassas](https://www.chaikinandsherman.com/car-accidents/manassas-va/), and [Alexandria](https://www.chaikinandsherman.com/car-accidents/alexandria/)) and Maryland ([Bethesda](https://www.chaikinandsherman.com/car-accidents/bethesda/), [Hyattsville](https://www.chaikinandsherman.com/car-accidents/hyattsville/), [Rockville](https://www.chaikinandsherman.com/car-accidents/rockville/), Lau Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. READ OUR E-BOOK Meet Our Team Learn More About Us Ira Sherman Partner Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. Ira Sherman's Bio Joseph Cammarata Partner Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. Joe Cammarata's Bio Allan M. Siegel​ Partner Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. Allan Siegel's Bio Stephen Ollar Partner Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a *Super Lawyers Rising Star* from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. 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