Injured as a Pedestrian in a Florida Golf Cart Accident? Know Your Legal Rights
Golf carts are a familiar sight throughout Florida, especially in resort towns, residential neighborhoods, retirement communities, and vacation destinations. They offer an efficient and convenient way to navigate these areas. However, the growing presence of golf carts also brings heightened risks, especially for pedestrians who must share the roadways and walkways with these vehicles.
Pedestrian injuries caused by golf carts can be severe, even catastrophic, and often require extensive medical treatment and rehabilitation. Florida golf cart accident attorney Frank D. Butler discusses your legal rights as a pedestrian injured by a golf cart, which are essential for obtaining compensation for your injuries and losses.
Why Pedestrian Injuries in Golf Cart Accidents Occur
Unlike automobiles, golf carts lack many essential safety features like doors, airbags, seatbelts, and advanced braking systems. Many golf carts also lack adequate headlights or reflectors, making them particularly dangerous at night or in poorly lit areas. Furthermore, golf carts are relatively quiet vehicles, meaning pedestrians may not hear them approaching, increasing the likelihood of unexpected collisions.
Common reasons pedestrians are struck by golf carts include:
- Driver distraction
- Reckless or aggressive driving
- Speeding or improper maneuvering
- Driving under the influence of alcohol or drugs
- Lack of experience or inadequate driver training
- Failure to yield or obey traffic controls
Types of Injuries Sustained by Pedestrians
Pedestrians struck by golf carts can suffer a wide range of injuries. While some might escape with minor bruises and scrapes, many incidents lead to more serious injuries such as:
- Broken bones and fractures
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Internal injuries
- Severe lacerations and contusions
- Soft-tissue injuries, including torn ligaments and muscles
- Emotional trauma and psychological injuries
These injuries can result in significant medical expenses, lost wages due to missed work, and long-term disability or impairment.
Liability in Florida Golf Cart Accidents Involving Pedestrians
Under Florida law, golf carts are legally defined as dangerous instrumentalities. This means the owner of the golf cart can be held liable for injuries caused by their vehicle, even if the owner was not personally driving at the time of the accident. This legal concept, known as the “dangerous instrumentality doctrine,” imposes vicarious liability on golf cart owners when someone operating their cart negligently injures a pedestrian.
For instance, if a golf cart is negligently operated by someone who borrowed it from a neighbor or friend, both the driver and the owner could be held liable for the injuries and damages sustained by the pedestrian.
Additionally, if the accident involves a rental golf cart, the rental company could face liability if it failed to properly maintain the vehicle or adequately instruct the renter in safe usage practices.
Steps to Take if You Are Injured by a Golf Cart
If you are struck by a golf cart as a pedestrian, taking the right steps immediately after the incident can significantly impact your ability to recover compensation. Here’s what you should do:
- Seek Immediate Medical Attention: Even if your injuries seem minor, get a thorough medical examination. Some injuries, especially head or internal injuries, may not show symptoms immediately.
- Call the Authorities: Report the accident to local law enforcement. A police report can document the incident accurately and serve as important evidence for your claim.
- Gather Information: If possible, obtain the names and contact details of the golf cart driver, owner, and any eyewitnesses. Take photos or videos of the accident scene, your injuries, and any property damage.
- Do Not Admit Fault: Limit your statements to facts when speaking with authorities or the involved parties. Avoid making assumptions or accepting blame for the incident.
- Contact an Experienced Attorney: Consulting with a lawyer who specializes in golf cart accidents can ensure your rights are protected and increase your chances of securing fair compensation.
Compensation Available for Injured Pedestrians
Florida law allows injured pedestrians to pursue compensation through a personal injury claim or lawsuit. Depending on the specifics of your case, you may recover damages for:
- Medical bills (past and future)
- Rehabilitation and therapy costs
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
The exact amount you may recover will depend on the severity of your injuries, your prognosis for recovery, and the degree of negligence involved.
Time Limits for Filing a Claim
In Florida, personal injury claims, including those involving golf cart accidents, are generally subject to a two-year statute of limitations. However, it’s critical to seek legal advice immediately to ensure that evidence is preserved, witnesses are available, and your claim is filed within all applicable deadlines.
Contact a Florida Golf Cart Accident Attorney at: www.GolfCartAttorney.com
Pedestrian injuries from golf cart accidents can significantly disrupt your life, causing long-term physical, emotional, and financial hardships. Frank D. Butler, PA, has extensive experience representing Florida pedestrians injured in golf cart accidents, offering compassionate yet aggressive legal representation. Our team will thoroughly investigate your case, determine liability, and tirelessly advocate on your behalf to secure maximum compensation.
If you’ve been injured by a golf cart as a pedestrian in Florida, contact Frank D. Butler, PA today to understand your legal rights and begin your path to recovery.
Sources:
floridabar.org/the-florida-bar-journal/florida-golf-cart-owners-should-beware-of-huge-potential-liability
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
