A bicyclist was riding her bike on a narrow, one-way road designated for bicycle use. The road was poorly lit at night, and the bicyclist was not using her required front light. A driver traveling in the same direction on the road had fallen asleep at the wheel for a brief moment and drifted into the bike lane. The bicyclist saw the car approaching from behind her several seconds before the collision but failed to react or move out of the way despite having adequate time to do so. The bicyclist suffered serious injuries in the collision and brought a negligence action against the driver. Under the doctrine of last clear chance, which party should bear liability?
The bicyclist is barred from recovery because she failed to act to avoid the collision despite having a reasonable chance to do so.
The driver and the bicyclist share liability because both acted negligently in creating the possibility of the collision.
The doctrine of last clear chance does not apply because neither party had the final opportunity to avoid the harm.
The driver is liable because they created the danger by falling asleep while driving.
The doctrine of last clear chance applies when the plaintiff's negligence put them in a position of danger, but the defendant had the final opportunity to avoid the harm and failed to do so. In this case, the bicyclist's initial negligence by not using her required front light could place her in a vulnerable position; however, her failure to move out of the way despite having the opportunity aligns with contributory negligence principles. The driver regained control of the vehicle too late to act upon the last clear chance principle. A critical aspect of last clear chance is timing—whether the defendant had a true opportunity to prevent the harm after the plaintiff's negligent act. This makes one answer the closest alignment to the doctrine of last clear chance, while similar answers misinterpret the timing or responsibility under the doctrine.
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