The ubiquitous golf cart is more than just a conveyance for golfers. Golf carts can also be found in residential communities, airports, universities, holiday resorts or industrial settings.
Legend has it that Florida native Lyman Beecher, who suffered from arthritis and was unable to walk long distances, created the first golf cart in 1932. It wasn't motorized; two caddies pulled him in a rickshaw-type cart. He later ditched the caddies and added six car batteries to a four-wheel cart to make it independently operated.
Across the other side of the United States in Los Angeles in the same year, J.K. Wadley observed elderly shoppers being transported to grocery stores in three-wheeled electric carts. He bought one to use on the golf course but found it didn't really work well so he had to customize it.
The golf cart initially didn't catch on. Most people preferred to walk the course and carts were typically only used by older or disabled golfers. The earlier models were also said to be noisy and expensive. However, the golf cart continued to evolve and eventually became a staple at courses around the world.
Today's eco-friendly electric carts run silently, produce zero emissions and are easy to drive. They are reasonably cost-effective, offering a quick and easy way to get around. But they can also be dangerous when operated improperly.
Golf carts are more prone to tipping over than traditional vehicles and lack safety features found in today's automobiles. And every year thousands of people suffer golf cart-related injuries. Worse, some actually lose their lives.
A golf cart accident can have devastating consequences and if you or a loved one has been injured you may be wondering what happens next. At Gluckstein Lawyers we understand that personal injury cases have their own unique circumstances. Everyone deserves experienced legal help to guide them through the claims process and we can offer the compassion, knowledge and professionalism to guide you through the process.
Lacking Safety Features.
The laws governing golf carts can be confusing. They are largely exempt from standard vehicle registration and licensing requirements and rarely have safety features such as seat belts, air bags, reinforced frames and side doors. In Canada, regulations vary depending on the municipality.
Golf carts are typically not street legal in Canada, although there are pilot programs allowing them on certain roads, including in Ontario where they are permitted on some streets with speed limits of 50 km/h or less. Generally, someone must be 16 or older to drive a cart but there is basically nothing to prevent a child from taking the wheel on private property.
Injuries can vary from cuts and bruises to fractures to traumatic brain injuries and spinal cord damage and are not uncommon.
Toronto doctors released a report last fall, warning injuries related to golf cart use are on the rise, with many incidents due to children not wearing seatbelts and alcohol use.
"Injuries from golf carts are a public health issue that requires urgent attention from governments and public and private organizations," according to the Canadian Medical Association Journal (CMAJ) study.
"Implementation of federal regulations that mandate the manufacture and sale of safer vehicles is an important first step. A study found that only one in 40 children involved in golf cart accidents wore seatbelts, which likely contributed to the high injury severity."
Key points in the report include:
- Golf cart-related injuries are increasing and can be fatal; children, older people, and those impaired by alcohol or substances are especially vulnerable.
- Most golf cart-related injuries could be prevented with basic safety features such as seat belts and roll cages.
- National standardization of safety features, and regulations similar to on-road vehicles, would likely prevent many golf cart-related injuries, and physicians should advocate for these.
- National, provincial, territorial, and municipal governments, as well as organizations that allow use of golf carts, should introduce and enforce measures to prevent injuries.
Many Different Reasons for Accidents.
The CMAJ report found alcohol "is often served at golf courses and other private recreational facilities, increasing the risk of injuries."
"One study found that alcohol was detected in 59 per cent of people older than 16 years with golf cart-related injuries," according to the association.
While alcohol use has been cited as a major contributor of golf cart accidents, there can be a variety of different reasons, such as inexperience and erratic driving. Other causes include:
- Driving on terrain not suitable for golf carts
- Overcrowding
- Sharp turns at high speeds
- Hanging outside of the cart or standing or riding on the back
- Distracted driving or horseplay
- Inclement weather
- Lack of seatbelts
- Poorly maintain carts/mechanical failure
AmateurGolf.com suggests the following basic safety measure to reduce the risk of injury:
- stay properly seated with feet inside the cart and no hanging off the sides or rear;
- know the terrain, being cautious on slopes, bridges, and uneven paths;
- avoid driving too fast, especially downhill or in wet conditions;
- drive sober and alert; and
- limit distractions while driving, such as checking a phone or scorecard.
Determining Who Is Responsible for an Accident.
A number of different factors can come into play when assigning blame in any accident. Is it operator error, a manufacturing defect, someone else's negligence? Determining who is liable for damages may also raise questions.
Although a golf cart is indeed a vehicle, the rights of someone injured in a golf cart incident are different that they would be for typical motor vehicle accident (MVA). This was shown in a 2017 Licence Appeal Tribunal decision.
The tribunal was told a man was struck by a golf cart on the private driveway of a golf course in 2014 and applied for benefits under the Statutory Accident Benefits Schedule.
However, adjudicator Chris Sewrattan found the golf cart did not require "motor vehicle insurance when it struck the applicant on the driveway of the golf course."
"The golf cart that struck the applicant is, in the circumstances of this case, not an 'automobile' as defined in section 3 of the Schedule. Given this decision, the applicant is not entitled to benefits," Sewrattan ruled.
Get Advice From a Lawyer Who Can Protect Your Rights.
Golf carts are vehicles and the injuries suffered in a collision can be just as serious as those incurred in a traditional MVA.
We have more than 60 years of experience helping personal injury victims and their families and we will work with you to get the full amount of compensation you are owed to support the physical, emotional, and mental trauma caused by a golf cart accident.
Contact our personal injury lawyers at Gluckstein Lawyers today for your no-obligation free consultation and assess if you require legal representation for a personal injury claim.