Accident attorneys with a proven track record:

Front Range Injury Attorneys - Denver Personal Injury Lawyers

2590 Welton Street, Suite 200

Denver, Colorado 80205

Q23C+95 Denver, Colorado

720.826.4399

At its core, the last clear chance rule intervenes when the plaintiff's negligence contributes to an accident resulting in personal injury. The rule is a part of contributory negligence, which limits or bars a plaintiff from recovery if the plaintiff is partially at fault for their own injuries. It imposes a unique burden on the negligent plaintiff, compelling them to prove that the defendant held the final opportunity to alter the course of events, thereby preventing harm. While variations exist across state jurisdictions, the fundamental premise remains consistent – negligent plaintiffs can seek compensation from defendants who, despite having the chance to avert the accident, failed to exercise the reasonable care required.

This rule's application necessitates a meticulous examination of the circumstances surrounding the incident. Plaintiffs must establish the immediacy of danger, their inability to remove themselves from harm, the defendant's awareness of the impending peril, and the realistic opportunity the defendant had to prevent the injury-causing accident. Successfully navigating this intricate web of legal criteria underscores the importance of legal acumen, urging those involved in personal injury litigation to secure the services of experienced legal counsel adept at wielding the last clear chance rule to their advantage.

Is Colorado a Last Clear Chance State?

No, Colorado is a modified comparative negligence state. In earlier history, Colorado followed contributory negligence rules, including the last clear chance doctrine. Colorado moved to a comparative negligence system along with most states. Today, fewer than ten states follow last clear chance. Under Colorado's modified comparative negligence statute, a plaintiff's damages are reduced by the percentage of fault awarded to the plaintiff. If the plaintiff's negligence is 50% or greater, the plaintiff cannot recover anything from the defendant.

In our experience, Colorado's shift away from contributory negligence does not stop insurance companies from alleging last clear chance as a reason to reduce settlement offers. Experienced personal injury lawyers, like Front Range Injury Attorneys, can help you navigate insurance claims to prevent the adjuster from taking advantage of you to settle your case for less than it is worth.