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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26328
Experience:  16 yrs. of trial experience
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I accidentally crashed a golf cart into one of the landscaped

Resolved Question:

I accidentally crashed a golf cart into one of the landscaped brick walls, on their course, and have incurred some medical issues (back epidural upcoming). Not only do they want me to pay for the golf cart damage but I could possibly endure a 4th back surgery. Do I have to pay for their cart damage?
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am very sorry for your dilemma.

The answer to your question "Do I have to pay for their cart damage?" will depend on who is at fault for the damage.

This area of the law is called "tort liability". Under tort law, if one person caused harm to another, they are liable for the damages the cause. For example, if a person,lets call them A, is driving their car and, through their own negligence, they run into another car, lets call them B, then A would be liable for the damages to B and to B's car

On the other hand, say in the example above, say that B is driving a car with no tail lights. And say that A is following B. B applies the brakes, A runs into B. IN that case, most likely B will be liable for damages to A's car since B did not have proper lights installed.

In your case, the way you describe it? It sure sounds like you were negligent...that you were responsible for the accident. If so? You are liable for the damages. This is true despite your injuries.

On the other hand, if the cart was defective...and that defect caused the accident? Then not only would you not be liable for the damages to the wall and the cart but they would be liable to you for the cost of your bills.

SO really this is a matter of who is responsible.

If you can point to some problem with the cart that led to this? It may be you can negotiate with them to limit what you pay, or even demand they pay you.

Otherwise, you will be liable for the damages caused in the accident


Let me know if you have more questions...happy to help if I can



Customer: replied 11 months ago.

Thank you sir - 2 things of interest here which may or may not help in the final decision.


When I tried to lift my foot from the accelerator to hit the brake the accelerator seemed to stick and because the distance from the grass to where I finally grabbed cement on the cart path was barely a foot, the cart pulled me right into the wall immediately and didn't even slow down (regardless if I hit the brake).


 


The 2nd thing is what the golf professional himself told me on the phone - he said (and I quote): "It's interesting, we had to decrease the accelerators on some of the carts earlier this year because they were driving too fast".


Thoughts?


And thanks again for your assistance.


XXXXX XXXXX


 

Expert:  P. Simmons replied 11 months ago.
Yes sir...let me address them in order


When I tried to lift my foot from the accelerator to hit the brake the accelerator seemed to stick and because the distance from the grass to where I finally grabbed cement on the cart path was barely a foot, the cart pulled me right into the wall immediately and didn't even slow down (regardless if I hit the brake).

If that is the case...if there was a mechanical problem with the cart and that problem led to the accident? Well...in that case that would turn the tables considerably. That would make them responsible for your medical bills.





The 2nd thing is what the golf professional himself told me on the phone - he said (and I quote): "It's interesting, we had to decrease the accelerators on some of the carts earlier this year because they were driving too fast".

That supports what you describe above. That is, if their employee admitted that there was a problem with many of the carts? That would be relevant to show that there was a problem with your particular cart

So what you describe? It sure sounds like you have a "counter suit"

Consider visiting a local attorney. They can pen a "demand letter"....This is a letter, on the attorney's letterhead, demanding payment in full and promising suit if they do not comply. Many attorneys will draft one for a nominal fee (typically 1 hour billing rate or less). It may be this scares them into settlement. If you describe what you mention above, letting them know you have a case? Then they may well back down from their demand...and you can use that money you were going to pay them to pay your medical bills.


Let me know if you have more questions...happy to help if I can
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26328
Experience: 16 yrs. of trial experience
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