Florida Injury Attorney Blog

A man playing golf at Queen's Harbour golf course in Jacksonville, Florida died after being hit by a golf cart, according to an article on Firstcoastnews.com. According to the article, Michael Heim died after he was hit by a golf cart, pinned between that cart and another golf cart and then fell and hit his head.

In a personal injury or wrongful death lawsuit, an injury or death resulting from a golf cart accident is not much different than an injury or death resulting from a car or truck accident. Many of the same issues apply to determine why the accident occurred and what could or should have been done by the driver to prevent the accident. If it can be shown that the golf cart driver was negligent in causing the crash that led to Mr. Heim's death, that golf cart driver would be just as liable for the death as if he/she was driving a motor vehicle.

However, there is another little known fact about accidents involving golf carts. Florida is one of the few states, if not the only state, in the country with the dangerous instrumentality rule. This rule means that the owner of a dangerous instrumentality, and his/her insurance company, is liable for accidents caused by a person using that dangerous instrumentality with authorization. This most often comes into play with motor vehicles. When a person driving a car or truck causes a traffic accident resulting in injuries or death, the driver of the vehicle who caused the accident is liable, but so is the owner of that vehicle as long as the driver had permission to drive the vehicle. However, under Florida law, this dangerous instrumentality law extends to things other than cars and trucks.

In a previous Florida case, it was determined that a golf cart is also a dangerous instrumentality under Florida law. Assuming the Queen's Harbour golf course owned the golf cart in this case, the golf course may also be liable for damages to the family of the victim in a wrongful death lawsuit.

A golf course mechanic was killed in Flagler County, Florida (about an hour south of Jacksonville) after a beverage cart apparently slid off of a lift and pinned the victim, according to an article on News4Jax.com. Terry Curry died after another employee tried unsuccessfully to free him from the beverage cart.

In a wrongful death case resulting from a tragic accident like this, there are several factors to look at to determine why this incident occurred and who is responsible. A wrongful death attorney would look, of course, into why the beverage cart fell. Was it placed on the lift improperly? Was it safe to have this particular beverage on this particular lift? Was the lift properly inspected and maintained? Did someone place the cart on the lift so that it was a latent danger for Mr. Curry to work on the beverage cart?

In a serious wrongful death case involving heavy equipment such as this one, there may be many possible factors indicating that one or more parties were negligent and responsible for the tragic death.

A new study conducted by the Center for Disease Control and Prevention found that 10% of binge drinkers drove the last time they drank heavily. Of this group, about half of them drove from a bar, restaurant or nightclub. In the study, "binge drinkers" were defined as people who drank at least five drinks on a single occasion at least once a month. Many of the people surveyed drank several more than five drinks at one sitting and drove.

Assuming this study was performed by asking people anonymously to disclose how much they have had to drink and whether they drove, I would guess that the 10% number is a little low. What does this mean for personal injury and wrongful death cases? We have seen many accidents caused by people who were intoxicated from alcohol and/or drugs. When a person who is under the influence of alcohol or drugs causes a traffic accident that results in injuries or death, this adds an new element to the normal inquiry as to the cause of an accident. A person who runs a red light or fails to stop and hits another vehicle is negligent in causing the crash. If a person is drunk or otherwise intoxicated and causes a crash, he/she is negligent and also reckless due to the intoxication element. This means that the injured party or the family member of the deceased party can sue not just for the normal damages in a lawsuit but punitive damages which are designed to punish someone for reckless conduct and deter them from doing it again.

Whenever there is an accident with the possibility that the at-fault driver was drunk or intoxicated on drugs, it is important to explore all the evidence that uncovers the at-fault driver's condition at the time of the crash. That kind of evidence can make a significant difference in the amount a person can recover for injuries or a death caused by a drunk or otherwise intoxicated driver.

People who have been injured by another car or truck or in some other accident in Jacksonville, Florida or the surrounding areas are often unsure if they have a personal injury case. They may understandably question whether an accident and injuries automatically translates into compensation or recoverable damages.

If you have been injured in an accident, there are a few general issues that determine whether you are entitled to damages. Let's use a car accident as an example. The first issue we look at is the issue of fault. In other words, who caused the accident? In order for you to be entitled to damages after an accident, the accident must be at least partially the fault of another person. This is not an all-or-nothing analysis. If the accident was completely the fault of another person, i.e. the other person crashed into you while you were stopped at a red light, then the fault part of the analysis is satisfied. However, even if the accident was partially your fault but also partially the fault of another person, you can still recover damages from the accident.

The second primary issue is damages. If the other driver was 100% at fault, you can recover damages from him/her, or his/her insurance company, if you suffered damages. "Damages" is a legal term, but it generally refers to an injury that you suffered as a result of the accident and the resulting past, present and future pain and suffering, your medical bills in the past, your expected medical bills in the future, past and future lost wages and other elements that relate to negative changes in your life as a result of your injuries. Assuming you suffered some or all of those elements of damages, you are entitled to compensation after an accident caused by another person.

The third primary element of a personal injury claim or lawsuit is insurance and/or the other party's ability to pay. If you were injured in an accident caused by another driver, you have a case. However, the other driver must have a valid insurance policy, or other means to pay, in order for you to recover your damages. Insurance issues and finding insurance coverage can be fairly complicated and are the subjects of other posts on our blog. However, after a person has been injured in an accident and contacts us, we immediately take the necessary steps to determine all of the available insurance policies and coverages that can be accessed to compensate a client for his/her injuries.

If you have been injured in an auto, truck or other type of accident in the Jacksonville, Florida area or anywhere else in Florida or Southeast Georgia, these are the preliminary issues you can consider if you have questions about whether you have a personal injury case. If you have any questions about whether you have a case after an accident, feel free to contact us to discuss your case and your rights further.