Doctrine of Last Clear Chance

The doctrine of last clear chance contemplates two possible scenarios.

First, this doctrine applies when both parties are negligent, but the negligent act of one party occurs later in time than the negligent act of the other party.

Second, the doctrine applies when it is impossible to determine which party caused the accident.

The practical import of this doctrine is that a negligent defendant may be held liable to a negligent plaintiff if the defendant was grossly negligent in creating the plaintiff's peril, even if the defendant was aware of the peril (according to some authorities) or should have been aware based on reasonable prudence.