Who pays in a golf cart accident depends on the facts of the accident. Although there may be exceptions, the owner of the golf cart may generally be liable for accidents – even if someone else was operating the vehicle.
Case Law Places a High Standard of Responsibility on Golf Cart Owners
The Supreme Court of Florida ruled that the owner of a golf cart should know that it is a dangerous instrument, as it has “the capability of causing death or destruction.” With that, that a golf cart owner must:
- Be cautious in who they allow to operate the golf cart
- Ensure that the golf cart is in good condition
- Understand that they may be liable for those who injure themselves or others while using the golf cart
Businesses that allow others to use golf carts are generally aware of their liability. They may protect themselves through waivers and other means. If someone operating a rented golf cart causes an accident, then that person may be liable. A golf cart operator may be liable if they were:
- Driving while intoxicated
- Driving while on drugs
- Driving too fast for conditions
- Failing to give pedestrians, bicyclists, scooter riders, and other golf cart drivers the right of way
- Making illegal or dangerous maneuvers
A negligent golf cart operator may be liable for injuring passengers or third parties. Remember that the golf cart owner may be liable in addition to or instead of a negligent operator. A parent may be liable if they let their child operate a golf cart and an accident ensues.
Our team will review your golf cart accident and determine liability.
Who Is Liable When a Golf Cart Defect Causes Injury or Death?
The manufacturer could be liable when a defective golf cart causes injury or death. The cause of the defect will determine who is liable.
The manufacturer may be liable for a defect present in the golf cart’s original condition. However, if a defect stems from negligence or aftermarket mechanical work, then another party, such as a mechanic, used golf cart salesperson, or golf cart owner could be liable.
The issue of liability is a vital feature of your case, as it determines who pays in a golf cart accident.
Who Is Liable When a Motor Vehicle Collides with a Golf Cart?
Motor vehicle drivers and golf cart drivers must both obey the laws of the road. When these two vehicle types collide, the negligent party may be liable.
If a golf cart operator causes a collision with a motor vehicle, then they may be liable for passengers’ injuries. If the motor vehicle operator caused the accident, then they may be liable for resulting damages.
To consult with an experienced golf cart accidents lawyer today, call 855-686-6752
How Can You Pursue Compensation for a Golf Cart Accident?
The way you pursue compensation may depend on:
- Your status in relation to the accident (golf cart operator, passenger, pedestrian, or otherwise)
- The insurance coverage, or lack thereof, provided by the liable party
- The nature and cost of your damages
- The share of liability for your accident
Auto insurance, homeowners insurance, renters insurance, or golf cart-specific insurance could cover your losses.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) explains that golf carts don’t have to be insured. Victims of golf cart accidents may have to file a lawsuit to seek compensation.
What Damages Can You Receive Coverage for?
Recoverable damages from your golf cart accident may include:
- Medical expenses
- Golf cart repairs
- Lost income
- Lost earning power
- Pain and suffering
- Various treatments like medication, rehabilitation, and counseling
- Damage to personal property
You may recover compensation for all of your losses. The way that you seek coverage – an insurance claim or lawsuit – may determine your coverage.
How Long do You Have to Seek Compensation for a Golf Cart Accident?
You may face one or more case-related deadlines. Florida Statutes § 95.11(3)(a) generally allows you to file a personal injury lawsuit no more than four years after your golf cart accident. Florida Statutes § 95.11(4)(d) generally allows you to file a wrongful death lawsuit within two years of a fatal golf cart accident.
Insurance claims may also have deadlines. It is always important that you document your injuries as soon as possible. With so many time-sensitive considerations, you should act quickly.
Turn to Bogin, Munns & Munns About Your Golf Cart Accident Case
Our team will seek fair awards for your golf cart accident. We have represented accident victims since 1979. Bogin, Munns & Munns serves golf cart accident victims with respect, dignity, and fairness. We will do everything that we can to secure a fair recovery.
Call Bogin, Munns & Munns today at 407-578-9696 to discuss your golf accident in a free consultation. We will identify liable parties and seek financial justice for their negligence.