Florida Golf Cart Accident and TBI: What's the Link?
The statistics on TBI in America are steadily rising. With so many modes of transportation available, recklessness is prevalent. Golf cart recklessness is real, and it's dangerous. Approximately 1.7 million brain injuries occur every year and these stats include golf carts. In Florida, golf cart accidents are contributing to a significant number of new brain injuries every year. These preventable accidents are on the rise, and an uptick in children lacking supervision are paying the price.
Read more: Legal Side of TBI After Accident?
After TBI resulting from a golf cart accident, whether the victim is an adult or a minor, a victim endures significant pain and suffering. However, when the victim of a Florida golf cart accident is a child, liability for negligence falls upon the parents. Within this article, our Florida legal experts explore the civil aspect of golf cart accident TBI. Civil action pertains to social host liability, recklessness, negligence, and wrongful death.
Why is an expert Florida golf cart accident attorney necessary?
After sustaining injuries such as TBI in a golf cart accident, it's important to consult the best Florida golf cart accident attorney. A Florida legal expert familiar with these cases can advise on necessary steps to take when pursuing a lawsuit is under consideration. Retaining an attorney with Board Certification, with experience in brain injury cases is invaluable. (In cases of minors lacking supervision with golf carts, parents of the minor may bring litigation against the homeowner.) When children visit a friend's home to "hang out" and sustain injuries at the home, those homeowners must ensure the safety of the visiting child at all times.
(This liability is also applicable in cases where a drowning occurs, resulting in wrongful death due to lack of safety measures.)
Read more: What is an Accidental Drowning Case in Personal Injury?
What are the causes of golf cart accident TBI?
The following is a list of causes for golf cart accident TBI. Throughout this article, we'll explain the liability for the causes below.
Lack of parental supervision. When minors try to operate a golf cart without parental supervision, injuries result. Allowing minors to ride around on a golf cart while the parents are elsewhere on the property is not only illegal, but deadly. The adults responsible for the minors must always be the ones behind the wheel of the golf cart. Never allow a child to operate any vehicle under any circumstances.
Golf cart malfunction. Sometimes, the manufacturer of the cart knows of a defect but fails to act on issuing a recall. In such cases, the manufacturer of the cart may hold liability in any accident with injuries.
Driving under the influence. Operating ANY vehicle under the influence can result in tragic consequences. Never, ever try to operate a golf cart, car, motorcycle, or scooter after consuming alcohol.
Recklessness on the cart. When a person becomes reckless, accidents occur! Driving a golf cart is not a joke, and the cart is not a toy. Adults driving recklessly because they think it's funny, or think they're invincible, put everyone riding with them at risk. A reckless adult is as dangerous as a child lacking supervision on one of these vehicles. If an adult chooses to become reckless with a golf cart, injuries their passengers sustain as a result are their liability.
What are the two main types of TBI?
There are two different types of TBI that occur most frequently in a multitude of accidents, not only golf cart accidents. Auto accidents, trucking accidents, motorcycle accidents, and scooter accidents can all cause TBI. These are Open and Closed TBI. What are the differences between these injuries? Are there different prognoses for each type?
- Open TBI: This type of TBI means that the skull has suffered a fracture. This injury comes as a result of a fall or other serious injury where the skull has direct contact with the hard surface of an object. This type of injury has less chance of cerebral edema or swelling of the brain, due to the skull being fractured. However, that doesn’t reduce the seriousness of the injury, and serious cognitive disruption, strokes, coma, and death can occur.
- Closed TBI: While a closed head injury doesn’t involve fracture of the skull, it is considered more serious than an open TBI. This is due to the fact that cerebral edema is more likely to occur and thusly, blood clots within the brain can form. This type of TBI as well as an Open TBI can both cause paralysis, loss of consciousness and fatalities if not treated quickly and by experienced medical professionals.
What is social host liability in golf cart accident TBI?
When lack of supervision is the cause of golf cart accident TBI, there is a negligent party responsible. If an accident occurs on private property, the person who owns the home may be liable. This is social host liability. It may also be lack of action leading up to the golf cart accident holding a homeowner accountable. This is true in cases where a person consumes alcohol, then operates the golf cart, resulting in injuries to themselves or others. If the accident occurs in a public space (such as at a golf club), the business may be liable for those who sustain TBI. Personal Injury Law differs depending on how and where the golf cart accident TBI occurs.
If a minor sustains a TBI, an expert Miami-Dade golf cart accident attorney is the one to consult with questions regarding Statute of Limitations.
How does a Personal Injury attorney evaluate golf cart accident TBI cases?
After suffering a golf cart accident TBI, victims and their families often struggle with medical bills and lost wages. In cases where a minor sustains a brain injury, life becomes drastically different, and they may never return to normal. This is a tragic outcome, but it happens much too frequently. An attorney will assemble a team of experts to create a TBI Life Care Plan for the victim (both minors and adult brain injuries require a Life Care Plan).
What is a TBI Life Care Plan?
"[...]A life care plan is a detailed and comprehensive analysis of impairments, realistic needs, and associated costs relevant to providing a lifetime of care to patients. Physicians have a central role in advising life care planners. Within an expertly prepared life care plan, issues must correspond directly with proposed goods and services. A life care plan must clearly cite all relevant caregiver sources and rely on scientific evidence."
PubMed, Life Care Planning for TBI
There is no specific outline for a Life Care Plan's initial preparation. However, it remains necessary for the Plan to be sustainable long-term in regard to the medical needs of the plaintiff. Thus, doctors and legal experts coordinate in order to prepare a document that outlines the specific needs of the client. Each Plan has different requirements, and each patient differs in their requirements for care after brain injury. The victim's personal preferences are always a part of the Care Plan, as well.
What else should I know about TBI as a result of an accident?
All victims of TBI undergo dramatic life changes they're not ready for. This is why consulting an expert Florida brain injury attorney is non-negotiable. Every brain injury victim deserves compassion, compensation, and justice. Thus, an expert lawyer will never let a client become a victim of the insurance company. An experienced and compassionate lawyer will stop at nothing to do what's right for the client.
After a golf cart accident TBI, victims must quickly retain a credible Florida law firm. Expert legal advice is a necessity once a victim is stable on the medical side. Many victims of golf cart accidents have no idea there is recourse available to them! An expert Florida golf cart accident lawyer can help the family on the road to recovery. This assistance includes coordinating a TBI Life Care Plan between the client and the medical team.
Trial Attorney, Certified Circuit & Federal Court Mediator
3yI’ve see a lot of golf cart accidents. Most carts don’t have seat belts.