If you play golf in Titusville, Florida, chances are you use a golf cart. Unfortunately, riding on roadways increases your risk of accidents and injuries. If you were in a golf cart accident, you’re entitled to compensation.
Florida State Laws on Golf Cart Use
According to Florida Statute 316.212, golf carts are allowed on some roads and highways. They can be operated only on those dividing a golf course or trailer park.
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Legal Rights of Golf Cart Operators in Florida
You have legal rights as a Florida golf cart operator. They entitle you to file an injury claim if you’re injured in a golf cart accident. It’s important to know the statute of limitations in Florida.
Statutes of Limitations in Florida
According to Florida Statute 95.11, you have two years from the date of a golf cart accident to file a claim for damages. This is known as the statute of limitations.
Golf Cart Regulations in Titusville, Florida
Titusville, Florida has specific golf cart regulations. They include local ordinances and restrictions and designated golf cart areas.
Local Ordinances and Restrictions
Florida has local ordinances and restrictions on where golf carts can be operated and how fast they can travel. They can only be used on public roads where the speed limit is 30 miles per hour.
Designated Golf Cart Areas
There are specific designated golf cart areas in Florida. They are roadways and highways that connect with golf courses and trailer parks. These areas are considered safe for golf carts to travel.
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Types of Damages Recoverable
You can recover different types of damages in a golf cart accident claim. They are economic damages, noneconomic damages, punitive damages, wrongful death damages and out-of-pocket expenses.
Economic Damages
Economic damages are those with trackable monetary costs. They include medical expenses, lost wages, lost earning capacity and property damage.
Noneconomic Damages
Pain and suffering, emotional distress and loss of consortium are examples of noneconomic damages. They don’t have specific costs, making them challenging to value.
Punitive Damages
Punitive damages don’t have a cap on how much can be recovered. According to Florida Statute 768.72, punitive damages can be given to a victim who suffers injuries due to someone else’s gross negligence or intentional misconduct.
Wrongful Death Damages
Wrongful death damages are awarded when a person dies due to someone else’s negligence. The victim’s personal representative files on behalf of the victim’s survivors.
Out-of-Pocket Expenses
When a person suffers injuries in an accident that’s someone else’s fault, they often have to pay out-of-pocket expenses. This entitles them to recover these amounts from their injury claim.
Factors Affecting Compensation Amount
Certain factors can affect compensation amount. They include severity of injuries, medical treatment, economic impact, liability and negligence, insurance coverage, age and preexisting conditions, emotional and psychological effects, quality of evidence, jurisdiction and venue, negotiation skills and legal representation, defendant’s assets and ability to pay and time elapsed since the accident.
Severity of Injuries
The severity of your injuries dictates how much compensation to expect in your case. Milder injuries warrant less money while severe ones can result in more.
Medical Treatment
Treatment for injuries can result in costly medical bills. You have a right to recover compensation for these expenses.
Economic Impact
Some damages stem from out-of-pocket expenses. If this is the case, you may recover higher compensation in your case.
Liability and Negligence
Establishing liability and negligence helps injury cases. When the liable party is known, it proves their negligence, increasing your chances of higher compensation.
Insurance Coverage
Insuring your golf cart can protect you in an accident. Depending on whether you have additional coverage, you may also be compensated for your injuries and other damages may also be covered.
Age and Preexisting Conditions
Your age and preexisting conditions may be a factor in how much compensation you recover. Unfortunately, if you have a preexisting condition aggravated in an accident due to negligence, it could reduce your damages.
Emotional and Psychological Effects
A golf cart accident can leave you with anxiety, depression or post-traumatic stress disorder. These emotional and psychological effects warrant higher compensation if they impact your daily life.
Quality of Evidence
The quality of your evidence can net you better compensation. If you have numerous photos showing the damages, medical records and expenses, a quote for repairs to your golf cart and witness statements, it can strengthen your claim.
Jurisdiction and Venue
The jurisdiction and venue where a golf cart case is heard can also determine your compensation. Depending on the factors, you may recover more or less money for your damages.
Negotiation Skills and Legal Representation
Having legal representation can benefit you in your golf cart accident case. You have a better chance of success with an attorney who can negotiate for you.
Defendant’s Assets and Ability to Pay
Some situations make it difficult for the defendant to pay. Having little to no assets and too little insurance or none at all can lead to very little compensation. The opposite is true when the defendant has ample assets and insurance coverage.
Time Elapsed Since the Accident
You’re likely to recover better compensation if you take quick action in your case. Waiting to file your claim can cost you, and you might not get enough to cover your damages.
The Process of Filing a Claim in Florida
You must know the process of filing a claim in Florida. It involves determining liability, identifying potential responsible parties and gathering evidence to support your case.
Determining Liability
Photos and videos can help determine liability in a golf cart accident. Security footage, police reports and witness accounts can also prove who’s liable.
Potential Responsible Parties
There are different potential responsible parties in a golf cart accident. This could be the driver of a motor vehicle, the cart’s manufacturer or even a property owner.
Gathering Evidence to Support Your Case
Gathering as much evidence as possible can support your case. This should include photos, videos, a police accident report, medical records and witness statements.
Common Causes of Golf Cart Accidents in Florida
Different things can cause golf cart accidents. The most common are reckless driving and impairment and mechanical failures and maintenance issues.
Reckless Driving and Impairment
Reckless driving and driving while impaired puts everyone at risk. Just like drivers of other vehicles, golf cart operators must obey traffic rules and laws and stay sober and alert.
Mechanical Failures and Maintenance Issues
Mechanical failure can occur when a golf cart is not properly maintained. In this scenario, if an accident occurs, it could have been avoided. However, if mechanical failure happens because of a faulty component, the cart’s manufacturer might be responsible.
Typical Injuries from Golf Cart Accidents in Florida
Certain injuries typically occur from Florida golf cart accidents. They include head and brain injuries, fractures and orthopedic injuries and soft tissue injuries.
Head and Brain Injuries
A person can suffer a head or brain injury if they fall during the accident and hit their head. This can also occur if a projectile strikes their head or penetrates the skull.
Fractures and Orthopedic Injuries
Fractures and other orthopedic injuries commonly happen during golf cart accidents. Usually, an arm, leg, jaw, ankle, wrist or finger is affected. In severe accidents, the victim can even suffer fractured ribs or a dislocated cervical disc.
Soft Tissue Injuries
Soft tissue injuries like contusions, sprains and strains often happen in golf cart accidents. They cause pain and tenderness and sometimes require physical therapy.
The Role of an Experienced Attorney in Titusville, Florida
After a golf cart accident, retaining an experienced attorney in Titusville, Florida is wise. You must understand the importance of legal representation and the benefits of free consultations.
Importance of Legal Representation
Legal representation gives you an edge in your case. Golf cart accidents can be complex, but your attorney can review the evidence and expertly handle the matter.
Benefits of Free Consultations
Personal injury attorneys offer free consultations. This gives you a chance to learn whether you have a case, and if so, how they would handle it. Attorneys can also advise you on what you can expect in compensation if you succeed.
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