CMZ Law

Golf carts are slow-moving vehicles, but that does not mean that they cannot cause injuries. In fact, golf car accidents are more common than you might think, and they can result in severe and even life-threatening injuries. If you have been injured while riding or driving a golf cart, you may have a legal claim. Our team can help you understand your options.

Prevalence of Golf Cart Accidents

There are approximately 15,000 golf cart accidents in the United States every year that lead to a trip to the hospital. The Consumer Products Safety Commission reports that roughly 40 percent of all golf cart injuries occur because the vehicle flips, and nearly one-third of those injured are children. Interestingly, only half of all golf cart injuries occur on golf courses.

Golf carts are “open air” vehicles, which means they have no protection on most of the sides of the car. They also have no seat belts or another restraint mechanism in most models. It is easy for passengers to fly out of the cart, resulting in injuries. Rollovers are common because the vehicles can turn quickly, but are somewhat top heavy. Even uneven ground can cause a driver to lose control of the cart.

Golf cart injuries often result from several common scenarios, including:

• Collisions with other golf carts or objects
• Pedestrians being hit with golf carts
• Being thrown from a golf cart because of driver error
• Being hurt in a rollover accident due to driver recklessness or carelessness
  
• Injuries resulting from being hit by a car while operating a golf cart

Golf carts are often used a means to get to and from the golf course as well as to other destinations. Children commonly drive golf carts as a means of travel and entertainment as well. Use has also increased in recent years, according to the National Golf Cart Association, because of the increase in gas prices and number of retirees.

Insurance and Golf Cart Injuries

Your insurance policy may cover golf cart injuries. It is important to read policy language carefully to determine coverage. Motorcycle and ATV coverage may include injuries related to golf carts. Homeowners’ insurance may also cover golf carts, but there are often very specific limitations that apply.

When golf cart injuries occur on someone else’s property, their insurance may provide coverage as well. These situations can get complicated, so it is especially important to involve a personal injury attorney in those circumstances.

Common Golf Cart Injuries

Golf cart injuries vary significantly from relatively minor to extremely severe. The most common golf cart injuries include:

• Foot and leg injuries
• Bruises
• Strained neck or back
• Whiplash
• Cuts
• Broken bones
• Crush injuries (particularly in rollover accidents)

Head and neck injuries are often the most serious damages that occur after a golf cart accident. They can result in long-term health problems and even death.

Liability for Golf Cart Accidents

Legal responsibility for golf car accidents will vary depending on the cause of the crash. For example, if the accident was due to driver error, then the driver may be liable for your injuries. If the golf cart malfunctioned, then liability may rest with the manufacturer of the cart or anyone that did maintenance work or repairs.

Your attorney will be able to help you determine who may be liable and whether you have a viable legal claim. Contact our firm today for more information.

Car accidents commonly cause head injuries. These injuries can range in severity from extremely minor to those that may even result in death. In fact, more than half of all reported traumatic brain injuries are the result of an auto accident. Any time there is a strong force imposed against the skull, whether that is from an object striking the skull or from a sudden stop, it can result in a debilitating head injury.

Head injuries can occur even when the victim does not have an open wound. The brain can be forced into the skull, resulting in brain bruising and bleeding. These injuries can be tough to detect, but they can be life-threatening. If you suspect anyone has a head injury after a car accident, it is essential to seek medical attention right away.

Causes of Head Injuries in a Car Accident

Car crashes are dangerous. Causes of a head injury will vary depending on the type of accident.

• Penetration Injuries. When an object pierces the skull, it can result in brain damage. The object can impact the brain or even penetrate the brain, causing bleeding and long-term nerve damage.
• Force Injuries. The force of suddenly stopping can cause damage to the brain when it hits the front and back of the skull.
• Injuries Caused by Objects. Flying objects or people in the car can hit your skull hard enough to result in a head injury. Drivers and passengers often hit their heads against the steering wheel or dashboard, resulting in a force-related injury.

Side Effects of a Head Injury

You do not have to lose consciousness to have a head injury. In fact, damage to the brain or skull may be hard to detect. If you have any of the following symptoms, you or your passengers should seek medical attention for a head injury.

• Slowed response times
• Difficulty thinking or concentrating
• Headaches
• Sensitivity to light or sounds
• Trouble with balance or coordination
• Nausea
• Feelings of fatigue
• Abnormal feelings of alertness
• Moodiness or unnatural emotional reactions

Extremely severe head injuries may also have the following symptoms.

• Seizures
• Periods of unconsciousness
• Numbness in the arms or legs
• Confusion
• Dilated pupils
• Aggression

Severe head injuries can result in additional health problems. Seek medical attention immediately.

Keep in mind that symptoms of a head injury may not appear immediately after an accident. In fact, it can take hours, days, or even weeks after the crash to notice a head injury. It is always a good idea to get a full physical after a car crash, even if you think you only have minor injuries.

Recovering from a Head Injury

The recovery timeline for a head injury will vary a great deal depending on the severity of the injury and the individual. For example, younger adults will usually recover faster than older adults.

Those who suffer from a severe traumatic brain injury may see residual effects from the injury even years after they have made an otherwise full recovery. On the other hand, less severe injuries may only take a few days to weeks to heal completely.

If you or a loved one has been involved in a car accident that resulted in a head injury, you may be entitled to compensation. Our team can help you determine whether asserting a legal claim is in your best interest. Call today for more information.

Q: Will the new texting while driving law reduce accidents and personal injury claims?

Texas car accidents can be caused by a number of factors including driving while intoxicated, speeding, aggressive driving, weather conditions, mechanical defects, and more.

Car accidents caused by a driver’s negligent, reckless, or intentional actions or inactions often leave seriously injured, disabled, or dead victims in their wake and are often the basis of a personal injury lawsuit or a wrongful death action.

Once liability is established, car accident victims may be entitled to compensatory damages including past and future medical bills for treatment or rehabilitation, past and future mental anguish and physical pain, Physical impairment or disfigurement, past and future loss of income and loss of earning capacity. If the victim dies from their injuries, their closest surviving family members may be entitled to damages as well through a wrongful death lawsuit, but who has standing to sue and the type of damages they can recover differs on a case-by-case basis so consulting a skilled personal injury attorney is advised.

Another common cause of motor vehicle accidents is distracted driving. And one of the biggest distractions is texting while driving.

In an effort to discourage texting while driving, new legislation went into effect on September 1, 2017. The new law, reportedly described by its own co-author as “something is better than nothing” has its share of loopholes.

According to the law, drivers are reportedly permitted to:

• make and receive phone calls in accordance with local laws
• use navigation applications
• use music applications.

Reported ambiguities surround the unaddressed use of “internet browsers, search functions, gaming, or other phone applications, although “the use of messaging and communications applications like Facebook, Facebook Messenger and Twitter appear to be prohibited”.

With respect to texting while driving, the new law offers reportedly some exemptions including:

• texting during emergency situations (though it doesn’t define what constitutes an “emergency”)
• workers texting the office so long as their phones are mounted
• on-duty emergency vehicle operators are exempt
• on-duty law enforcement vehicle operators are exempt
• hands free texting is allowed.

These loophole defenses, coupled with the mandate that ticketing officers “must not only witness offenders using their phones, but identify that the activity is specifically texting” will make the new law difficult to enforce.

Of course, the safest way to avoid being distracted or being accused of causing a motor vehicle accident is to avoid cell phone distractions entirely.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident due to someone else’s negligence, the lawyers at Chandler, Mathis, and Zivley, PC will investigate your case and take legal action to help you obtain the maximum compensation to which you are entitled. Contact our office for a free consultation.

From our offices in Houston and Lufkin, we’ve been serving clients throughout Texas as well as many other states for over 40 years.

Texas Accident Results in Fatality, Reinforces Danger of Motorcycles

Driving or riding on a motorcycle in Texas can be a lot of fun. With the sun shining down on you and the fresh wind whipping your face, they provide a very different feeling than that of a car. However, with little protection, motorcycle drivers often find themselves much more susceptible to injury than drivers of cars or trucks. This is due in part to the fact that they have less stability and visibility as well as higher performance capabilities than cars.

Jarring Statistics

According to a 2018 report by the National Highway Traffic Safety Administration, the government has estimated than in 2016 for every mile traveled, the number of motorcycle fatalities was 28 times greater than that of cars. Per the Insurance Institute for Highway Safety’s Highway Loss Data Institute, in 2017 a total of 5,172 motorcyclists died in crashes and accounted for 14 percent of all motor vehicle crash deaths. The same year saw more than twice as many motorcyclist deaths as were seen in 1997. Of these deaths in 2017, 38 percent occurred in single-vehicle crashes, while 62 percent occurred in multiple-vehicle crashes.

These devastating statistics are evidenced in a recent crash. Earlier this month, a motorcycle and a pickup truck were going southbound on a local Texas road when they were involved in an accident. Although much is still unknown as to the exact cause of the crash, according to investigators the truck was traveling behind the motorcycle when the driver of the latter slowed down for a red light. It has since been established that the truck hit the motorcycle from behind, before crashing into a utility pole and consequently bringing down live power wires.

A Devastating Outcome

The crash, which occurred shortly before midnight, resulted in multiple injuries. According to multiple witnesses of the crash, they worked to help the victims. They also worked to pull one of the two occupants of the truck to safety. The truck went up in flames, and the two occupants of the truck were transported to a local hospital, while the motorcyclist was transported to a medical facility. While both truck occupants survived, unfortunately the motorcyclist was not so lucky. He later died from his injuries.

Wrongful Death and Other Legal Actions

The investigation is still underway, though when it is finished, it is possible that authorities may find that the accident was caused due to the negligence of the truck driver failing to stop. If enough evidence is gathered to help prove this belief, the family of the deceased may choose to pursue a case for wrongful death in a Texas civil court. Dependent upon the circumstances and evidence found, a knowledgeable and experienced personal injury attorney may be able to discuss with the family their available legal actions. Should they prove victorious, this award may assist them in paying for various costs such as lost income and funeral expenses.