Although they are far less common than other motor vehicle crashes, golf cart accidents do occur regularly and can result in severe injuries and even death. The main reason is that carts offer little external protection, making passengers very vulnerable to injuries, especially if they are struck by automobiles or experience rollover accidents. Although most of these accidents take place on courses, they can also occur on the road and in other locations when they are converted to a street-legal, low-speed vehicle (LSV).
If you’ve been injured in a golf cart accident due to another party’s negligence, our Sebring personal injury lawyers at Dismuke Law can help you recover compensation for your injuries. Our legal team understands the unique challenges and legal complexities involved in golf cart accident cases. We will work tenaciously to collect evidence, determine liability, and fight for your right to secure the compensation you deserve.
What does a Sebring Golf Cart Accident Attorney Do?
Sebring golf cart accident lawyers specialize in handling cases related to injuries suffered in accidents involving these small motor vehicles. They have detailed knowledge of the laws and regulations specific to golf carts and can navigate the legal process on your behalf. They will assess the damages you’ve sustained, such as medical bills, and negotiate with insurance companies or file a lawsuit if needed to fight for your right to fair compensation.
At Dismuke Law, our lawyers will handle the following as needed to prove your case:
- Conducting a thorough, independent accident investigation
- Collecting evidence, such as images or video of the accident scene and your injuries
- Obtaining copies of your medical records and bills
- Talking to eyewitnesses to the accident
- Consulting with expert witnesses, such as medical specialists and accident reconstructionists
- Identifying and calculating your recoverable damages
- Demonstrating negligence and determining potentially liable parties
- Negotiating with insurance companies
- Filing a lawsuit, if necessary
- Representing you in court and presenting evidence to prove your case
These are not the only responsibilities that golf car attorneys are tasked with that require specific legal knowledge pertaining to these claims. All accidents involving motor vehicles have the potential to be complex, are subject to a statute of limitations, and may include taking your case to trial. Contact Dismuke Law to learn more.
What Are Recoverable Damages in a Personal Injury Claim?
Damages are financial or personal losses an individual has suffered due to a golf car accident. When a personal injury case is successful, the claimant will receive a specific amount of money that reflects these losses. Damages are typically recovered through a settlement with the liable party or their insurer or are awarded by the court.
Examples of recoverable damages include the following:
- Medical bills, including emergency treatment, hospitalization, surgeries, rehabilitation, diagnostic testing, home medical equipment, prescription medication, etc.
- Lost wages related to work leave due to needed recovery time
- Diminished future earning capacity for long-term or permanent impairments or disabilities
- Physical pain and suffering
- Emotional anguish
- Loss of consortium
- Scarring and disfigurement
- Disability
There may be other losses for which you are entitled to receive compensation. While economic losses, such as medical expenses, are calculated using bills or receipts, subjective losses, such as emotional anguish, must be estimated using special legal formulas.
What Is a Wrongful Death Claim?
Wrongful death claims are brought about by the family members or beneficiaries of a loved one who was fatally injured in an accident. In addition to financial damages, you may be entitled to compensation for losses related to the mental anguish and grief experienced due to the decedent’s passing. Potential beneficiaries commonly include spouses, biological and adopted children, and parents of minor children. A representative may also bring a lawsuit on behalf of the decedent’s estate.
Damages recoverable in wrongful death claims include the following:
- Loss of support and services from the date of the decedent’s injury to their passing
- Current and future loss of support and services
- Loss of the decedent’s companionship and protection
- Mental pain and suffering from the date of injury
- Lost parental companionship, instruction, and guidance
- Medical or funeral expenses due to the decedent’s injury or death
- Loss of earnings of the deceased from the date of injury to the date of death
- Loss of the prospective net accumulations of an estate, which might reasonably have been expected
In Florida, the statute of limitations for personal injury and wrongful death is two years. For personal injuries, this law requires that a claim be filed within two years of the date your injuries were suffered or discovered. For wrongful death, this deadline applies to claims beginning on the date of the decedent’s passing.
Proving Negligence and Liability
For legal purposes, negligence is characterized by the failure to exercise reasonable care, or a duty of care, resulting in harm or injury to another person. In order to prove negligence and establish liability, the attorney must demonstrate that the at-fault party owed you a duty of care, breached that duty, and directly caused the injuries and damages you suffered.
Less commonly, parties responsible for accidents are subject to a legal principle known as strict liability. In your case, this could include the manufacturer of a defective part of the golf cart that failed, consequently causing the crash.
The Difference Between a Golf Cart and Slow Moving Vehicles
According to Florida law, a golf cart is defined as “a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.”
Conversely, low-speed vehicles are defined as “any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles.”
This difference in how these similar vehicles are defined is important because it will be relevant to your case depending on where the accident occurred. For example, unlike golf carts, low-speed vehicles must have a registered license plate to operate on city streets and must adhere to several additional safety standards.
Contact Dismuke Law for a Free Consultation Today
If you or a loved one suffered injuries in a golf cart accident, you are encouraged to seek legal counsel as soon as possible. Our Sebring golf cart lawyers at Dismuke Law will provide you with a free consultation to assess your case, explain your options, and discuss the best course of action. Contact us today and ask Dave about how we will protect your rights and tenaciously pursue the compensation to which you’re entitled.