Hurt by a Golf Cart or ATV: Who's Responsible?

Drivers, vehicle owners, manufacturers, or property owners may be responsible for injuries caused by ATVs and golf carts. Golf cart and ATV accident lawsuits can be based on negligent vehicle operation, premises liability for unsafe conditions, and product liability claims for vehicle defects. Injury victims may expect their insurance to cover golf cart or ATV accident claims, but auto insurance generally excludes golf cart and ATV coverage.

For help getting compensation after a golf cart or ATV accident, talk to a local personal injury attorney.

Liability in Golf Cart and ATV Accidents

The party responsible for causing a golf cart or ATV accident is generally liable for damages. Most ATV and golf cart accident claims involve negligence. An injury victim can recover compensation for their injuries by showing:

• The defendant owed the injury victim a duty of care
• The defendant breached their duty of care by failing to act reasonably
• The defendant’s actions caused the accident
• The injury victim suffered harm

You can file a personal injury lawsuit to hold the negligent party responsible for your injuries. If a judge or jury finds the defendant responsible, you can recover financial damages. Damages in an ATV or golf cart collision accident claim can include medical expenses, lost wages, pain and suffering, and property damage.

Golf carts and ATVs are motorized vehicles but classified differently from motor vehicles that operate on the road. Most all-terrain vehicles (ATVs) are not approved for use on public roads or highways. Similarly, most golf carts are not registered for road use, except in certain municipalities or when they qualify as a low-speed vehicle.

Common Causes of ATV and Golf Cart Accidents

ATVs and golf carts don’t undergo the same rigorous safety testing that the NHTSA requires for motor vehicles. They lack many safety features found in modern vehicles, including doors, airbags, and seatbelts.

When an ATV or golf cart crashes, riders and passengers are often ejected from the vehicle, causing neck injuries, broken bones, and traumatic brain injuries (TBIs). Common causes of ATV and golf cart injuries include:

• ATV or golf cart driver inexperience
• Distracted driving (eating, drinking, or using a phone)
• Driving under the influence of drugs or alcohol
• Too many people on the golf cart or ATV
• Driving at night without headlights
• Tip-over accidents around turns
• Mechanical failure
• Golf cart battery fires

Most golf cart and ATV accidents are single-vehicle crashes and do not involve other vehicles, bicycles, or pedestrians. However, using an ATV or golf cart on roadways increases the risk of colliding with another vehicle.

Golf Cart and ATV Driver Liability

ATV and golf cart drivers are most commonly at fault for causing accidents. Inexperience, negligent operation, and handling errors commonly cause ATV and golf cart crashes. Injured passengers can file a personal injury claim against the driver for negligently causing the accident.

Property Owner Liability

Where the accident occurred can impact liability claims in an ATV or golf cart accident. The government maintains public roads and public lands, but most ATVs and golf carts cannot operate on public roads. Property owners are responsible for hazardous conditions on private land, but resorts and golf courses often require golf cart users to sign a liability waiver.

Hazards on the property can cause ATV and golf cart accidents. When property conditions contribute to an accident, the property owner may be liable under premises liability laws. Property owners may have a duty to inspect their property, repair unsafe conditions, and warn users of hidden dangers. However, a property owner’s duty depends on state law, the type of property, and the visitor’s status.

For example, a golf course has an old bridge that golfers have complained about as unsafe. The golf course owner does not warn riders about the old bridge. A golfer in a golf cart drives over the bridge, and broken boards cause the cart to crash. The property owner may be liable to the golfer for their injuries.

Liability Waivers

Golf courses, resorts, and private recreational landowners may require users to sign a liability waiver or agree to terms and conditions stating the property owner is not liable for accidents.

Courts generally enforce liability waivers, which can shield property owners from liability for common negligence. However, waivers may not apply for intentionally caused injuries or gross negligence.

Accidents on Public Land

For accidents on recreational or public land, the government generally has immunity for accidents involving public recreation without a fee. The government is also generally not liable for injuries caused by natural conditions on public land.

If you do have a claim against the government, you must file notice within a short time period or risk having your case dismissed.

Golf Cart and ATV Owner Liability

Most people use the golf course’s golf carts and don’t own one. Some ATV riders use a friend or family member’s ATV or rent one for a short time. In these situations, riders may not know the vehicle’s performance, safety, or maintenance history.

Vehicle owners who let others use their vehicles may be liable if they know or should know of a dangerous condition, users are unlikely to discover it, and the owner fails to use reasonable care to warn them. If a lack of maintenance or a missed inspection contributes to an accident, the ATV or golf cart owner may be responsible for damages.

Defective Equipment and Product Liability Laws

Defective equipment can cause ATV and golf cart accidents, including brake failure, locked steering columns, or jammed throttles. Most golf carts operate on rechargeable batteries, which can catch fire or explode. Improper charging, storage, or defective batteries and parts can cause golf cart fires.

ATV and golf cart manufacturers, distributors, and sellers are all liable for accidents caused by defective vehicles and parts. You do not need to show individual negligence to recover damages for defective ATV and golf cart claims. Manufacturers and vendors are strictly liable for design defects, manufacturing defects, and failure to warn consumers when their dangerous products cause injuries.

Negligent Entrustment Liability

Generally, riders and drivers are liable for injuries they cause through their own negligence. However, parents and vehicle owners may be liable for allowing an underage driver or unsafe rider to use their golf cart or ATV. This allows injury victims to recover compensation when the driver lacks the insurance or assets to pay medical bills and other damages.

Under the doctrine of negligent entrustment, the injury victim can show the parent or vehicle owner knew or should have known the driver was unfit to drive and that the driver’s inexperience or recklessness caused the accident.

The victim can show the owner or parent should have known of the safety issues if the driver did not have a driver’s license, had previous crashes, or was under the influence of drugs or alcohol.

Does Insurance Cover ATV and Golf Cart Accidents?

Most car insurance policies do not cover accidents or claims involving ATVs or golf carts. Policies generally include exclusions that can deny certain claims, including those involving ATVs and golf carts. ATVs are generally classified as off-road vehicles and are specifically excluded from car insurance policies.

Golf carts are generally not registered motor vehicles and are excluded from coverage. However, if your golf cart is registered for street use as a low-speed vehicle (LSV), your insurance may provide liability coverage.

Your renters’ or homeowners’ insurance policy may apply for some ATV or golf cart injuries. However, homeowners insurance generally only applies if the accident occurred on your property.

If you regularly ride off-road vehicles or ATVs, you may want dedicated ATV insurance to cover accidents that occur on public lands while you’re riding. Check with your insurance company to learn how to get coverage for ATV or golf cart accidents.

Filing a Personal Injury Lawsuit for Damages

If you were hurt in a golf cart or ATV accident, you may be able to recover compensation from the liable parties. The statute of limitations limits the time you have to file a personal injury case. An ATV or golf cart accident lawyer can explain your legal options, investigate who is responsible, and negotiate a settlement to cover your injuries.

Contact a personal injury lawyer for legal advice about your golf cart or ATV injuries.