Dear Atty. Shalie,

One rainy night, my wife and I were traveling by car, along a dimly lit road, at standard speed, considering the weather conditions at that time, as well. Unfortunately, a tricycle suddenly appeared on our side of the road, with very little to no time, for me to stop and avoid collision with the said tricycle. The driver and passengers of the tricycle sustained physical injuries and the tricycle itself was damaged. To assist the driver and passengers of the tricycle, I offered some financial assistance, even if I believed that I was not to be blamed for what happened to them, as I knew I was driving carefully at that time. However, they wanted me to shoulder all expenses for their medical treatment and pay for the damages to the tricycle. While I would have wanted to put an end to this vehicular accident, I cannot afford to cover the amount being demanded from me. The driver and owner of the tricycle are threatening to sue me for reckless imprudence, claiming that even if I was on my side of the road, I had the last clear chance to avoid the accident. Am I right not to fall prey to the other party’s demand?

Samuel

Dear Samuel,

For the doctrine of the last clear chance to apply, two scenarios may be present. One is when both parties are negligent, but the negligent act of the other party happens later. Another is when it is impossible to determine which party caused the accident. When either of these two scenarios shows, the doctrine of last clear chance holds liable for negligence the party who had the last clear opportunity to avoid the resulting harm or accident but failed to do so.

In your case, for the doctrine of last clear chance to be operative, it must first be shown that you were also negligent, and aware of the other party’s danger, or should have been aware of it in the reasonable exercise of due care, and had an opportunity later than that of the other party to avoid an accident. From your account, as you were within your lane, it appears that it was the driver of the tricycle who was negligent, having taken the other lane where you were traversing, which caused the collision and suffered the consequential damages. Reckless imprudence refers to “voluntary, but without malice, doing or failing to do an act from which material damage results because of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place”. There must be a material and causal connection between the negligence charged and the injuries or damages being complained against you.

Atty. Shalimar P. Lazatin-Obinque