Can You Sue for a Golf Cart Injury in New York?

Golf cart accidents in New York can result in devasting injuries and damages. If you have been injured by a golf cart or while riding one, our lawyers can help you file a lawsuit against those responsible.

These cases can be exceedingly confusing for victims when it comes to recovering compensation. You might not know if you need to go through your insurance first or if there are limits on your right to sue. Fortunately, our team can explain what you need to file a lawsuit for a golf cart accident. Part of our investigation will be to determine who to file your claim against. Filing a lawsuit against the driver is most likely, but we will also see if a golf course or passengers share some of the fault for your injuries. With our team’s support, you can be sure you have not overlooked any potential defendants in your case.

Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our New York personal injury lawyers.

Can I File a Lawsuit for Injuries Sustained in a New York Golf Cart Accident?

Whether you can sue another person for a golf cart accident will depend on a few factors. New York is a “no-fault” insurance state. This means that vehicle accident victims will typically be compensated from their own insurance rather than filing a claim with the negligent party’s insurance provider. Compensation for a vehicle accident would usually come specifically from a victim’s Personal Injury Protection (PIP) insurance before filing a lawsuit. That is, if a golf cart is considered a “motor vehicle” for legal purposes.

Defining a Motor Vehicle in New York

In New York, almost every vehicle that is powered by a motor engine and not by muscle power is classified as a motor vehicle, according to V.A.T Law § 125. While the law does exempt electric bikes and scooters from this definition, it does not mention golf carts or electric four-wheeled vehicles. Thus, your PIP insurance might be able to help if the insurance company does not conclude a golf cart is not covered by vehicle insurance.

Even if PIP did apply, it would only compensate your medical expenses and lost wages up to a certain amount. You would still be on the hook for your remaining economic damages and pain and suffering. Filing a lawsuit will be the best way to get coverage for all your losses.

New York’s Serious Injury Rule

You will need to overcome New York’s “serious injury” threshold to file a lawsuit for a vehicle accident since a golf cart is considered a motor vehicle. According to I.S.C Law § 5102(d), death, significant disfigurement, and dismemberment are considered serious injuries. Broken bones, miscarriages, and the loss of function in a body part or system will also be considered serious.

Our New York personal injury attorneys can also show your injuries are serious by gathering evidence that your day-to-day activities have been interrupted by your injuries for 90 out of the first 180 days following your accident. We can also help you file a lawsuit if your economic damages are more than $50,000, even if you did not suffer serious injuries, as per I.S.C Law § 5102(a).

Once we have determined that you meet the criteattria for filing a lawsuit, our Long Island personal injury lawyers will investigate who to sue for your injuries.

Who Can I Sue for My Golf Cart Injuries in New York?

Who you can name as defendants in your lawsuit will depend on where your golf cart accident occurred and who was driving it. The person who owns the cart could be entirely different from the one who crashed it, giving you more opportunities to recover compensation. Many golf cart crashes happen on a golf course, so we might file a claim against the business and the negligent driver.

The Golf Cart Driver

In any golf cart accident case, we would first look to the driver directly operating the vehicle for liability. Many drivers operating a golf cart act much more casually about safety than they would in a standard vehicle. Thus, it is more likely that their carelessness will cause a devastating accident.

Many accidents are caused by distracted drivers, who are either texting on their phones behind the wheel or thinking about how their shot went down the fairway. Other drivers cause accidents by overcrowding the cart, reversing it downhill, taking sharp turns, or hanging extremities from the side of the cart. Or, you could have been injured because the driver forgot to lock the break.

It is also no secret that drinking is a part of some people’s golf game. However, people are not allowed to drive a golf cart under the influence any more than they can drive a car. If you have been injured by a drunk golf cart driver, our team can help you claim additional “punitive” damages for their criminal-level negligence.

The Golf Course

If your accident happened on a golf course, we might be able to file a premises liability claim against the owner. Property owners in New York, including golf courses, have a duty to ensure their course is safe. This means providing warning signs for known dangers like water, sand traps, and hidden roadways. They should also inspect the course regularly for dangerous conditions that could arise.

We might also be able to hold the golf course liable for a drunk golfer if they overserved them. Under dram shop laws, those licensed to serve alcohol have a duty not to serve clearly intoxicated individuals. Some golf courses do not observe this rule and might even deliver alcohol to golfers, who then proceed to drink and drive. In these cases, we could sue both parties.

We can also help you fight a liability waiver if the golf course requires you to sign one. This is a common practice for most businesses where customers are left to their own devices on the business’s property. However, they do not provide absolute protection from negligence claims. In fact, any waiver excusing a place of recreation’s liability is null and void in New York under G.O.B. Law § 5-326. Since a golf course is there purely for recreation, we can likely fight a signed waiver.

Golf Cart Passengers

Sometimes, golf cart passengers need to be sued for their own liability. The driver, of course, cannot control all the actions of those they are golfing with. If a passenger injured you because they were hanging a limb out or tossing garbage from the cart, they should be held accountable for their share of your damages. However, we will also investigate to determine if the driver could have done anything to prevent the accident. In most cases, we will sue them both and determine liability during litigation.

Our New York Personal Injury Lawyers Are Here to Help You Get Justice for Your Golf Cart Accident

For a free case analysis with our Manhattan personal injury attorneys, contact The Carrion Law Firm at (718) 841-0083.