What kind of attorney to consult for this situation?

[normab]

Okay Tuggers, you are a wealth of knowledge. Need your help with this one.

My friend lives in a golf cart community and was hit by a car while driving his golf cart legally on a local road. However, my friend does not have insurance. The other driver does. Golf carts are not registered there so insurance is not required.

Both drivers say the other was at fault, however because there were no witnesses, and my friend was crossing a main thorough fare, the policeman gave my friend a citation for violation of right of way.

My Friend has extensive injuries and is currently hospitalized, and so I am helping out at this point to do the initial legwork, since the other insurance company is calling.

1. We don’t know what’s the best way to deal with the ticket.
2. Since there is no insurance company to fight for or defend, if necessary, we need a lawyer. We do believe the other part is at fault since they went through a red light.

I contacted a couple of personal injury attorneys ( there are zillions in Florida) but they are not interested in this case. We understand we may have to pay a lawyer but we’re not even sure what kind of lawyer to contact.

What kind of lawyer specialty are we looking for? I went on the bar association website but there were too many choices!

Thank you for any advice and or words of wisdom.

Norma

 

[VacationForever]

We own a golf cart and drive within the golf community which includes many public roads. While our golf cart is not registered with DMV, we do carry insurance on it.

Whether the other car ran the red light or not becomes a she-said-he-said, especially with a citation against your friend, it is going to be tough.

My son was given a citation for a major accident when the other party ran the red light, and the policeman instead gave my son a ticket for running the red light. We went to our insurance company to recommend an attorney. We challenged the ticket through the attorney and fortunately 1 of the 2 subpeonaed witnesses showed up in court and disputed the policeman's write up. She approached us while waiting for the hearing that while she was very busy at work, the ticket's account was wrong and she wanted to make sure that she corrected it in court. We were very appreciative. After the witness took the stand and gave her account, the judge asked the policeman why he wrote it that way, and he gave the excuse that when he asked my son if he ran the traffic light and my son said "I don't think so" so he took the side of the other driver's account. My son has autism spectrum disorder and has difficulty with communication in general. The judge threw out the ticket and we could see the disgust in the face of the judge.

Our attorney fee cost $1,500 but it was worth it as it avoided an injury lawyer going after my son and us, as the car was in our names.

I think that citation must be disputed and get it thrown out first, otherwise it is very difficult to even explore getting the other insurance to pay for your friend's medical bills.

You can ask your friend's auto insurance company as to an attorney whom they can recommend.

 

[elaine]

I would not pay the ticket as this could be used as evidence of fault. I think paying a ticket=admitting guilt. So he'd need to hire an atty to fight the ticket--a traffic court or DUI atty.
Is a golf cart owner liable for the golf cart driver’s negligence in Florida?
Yes. In Florida, a golf cart is a dangerous instrumentality. Meister v. Fisher, 462 So.2d 1071, 1072 (Fla.1984). Therefore, the owner is liable for damages caused by the driver’s negligence in Florida. This is, in part, based on the fact that a golf cart is defined as a “motor vehicle” for purposes of traffic regulation and motor vehicle licensing in Florida. §§ 316.003(68), 320.01(22), Fla. Stat.

Was the other driver cited? If so, then you can likely go against the other driver's auto insurance. a PI lawyer is whom to contact--or he can contact the other party's insurance directly--not recommended, but an option if no one will take the case.
If the other driver was not cited, then it's going to be very tough as your friend was cited--a point that the insurance will point out. However, with extensive injuries, the other insurance might be willing to settle anyway. It's a logarithm of potential liability for them and they might pay out on a claim with injuries even where fault is in question.

 

[MULTIZ321]

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Richard

 

[bluehende]

Is there any way to get or know if it exists any camera's that cover that intersection?

 

[normab]

Thanks for your replies.

Morgan and Morgan and 2 other firms who advertise ALOT told me they would not take the case. So I guess I need to find a personal injury attorney who isn’t looking to make $100k on this. Just whatever billing it would take to deal with the situation, which still would be substantial.

No cameras. per the officer.

 

[VacationForever]

Does his regular health insurance pay for hospitalization and treatment?

 

[chapjim]

I wouldn't take the case either. Police cited the golf cart driver. There are no witness, no one to back up a bare assertion that the auto ran a red light.

What kind of evidence could the attorney present?

 

[WVBaker]

Try to find a General Practice Lawyer. They're not limited to any specific area of the law. More often, they offer basic legal services. They'll handle everything from start to finish.

Most Personal Injury Lawyers would prefer a substantial fee or higher monetary reward if they win. The case may simply not be piquing their interest.

 

[DrQ]

If it were me (and it's not), I would attack the ticket. I would spend money on a shark lawyer (one who specializes in tickets) to get that ticket dismissed.

Once the ticket is dismissed, I could use that fact to impeach any police report which would put me at fault. Police reports are tough to refute because they are official records and can be submitted as evidence and are not considered hearsay.

That is the reason I insure all my vehicles.

 

[bogey21]

I would not pay the ticket as this could be used as evidence of fault. I think paying a ticket=admitting guilt. So he'd need to hire an atty to fight the ticket--a traffic court or DUI atty.

I agree. Step One is to fight the ticket vigorously...

George

 

[normab]

Medical insurance will cover a good portion but not all. Since there will be a hospital stay plus convalescence, he could have a large bill. I will help him work out payment plans as necessary.

Re the ticket, I will be looking into the traffic lawyer. I used one once long ago, and they certainly know the tricks. It was worth the money for me at the time..

I guess I was hoping to find a lawyer who could manage all of this, but maybe that’s not the best approach.

 

[normab]

Almost forgot to mention. Apparently in Florida it is standard to issue a ticket to someone at an accident. Magically the officer, with no witnesses, decides who is to blame So many neighbors have told me this. I don’t think it was this way in NJ. But maybe things have changed.

Also, not one is ever 100% at fault— this info came from my insurance agent.

So it is not a forgone conclusion that he is totally at fault. I am just trying to find the way to get him representation that he doesn’t have without insurance.

 

[RALnGA]

I would look into your Friend's Homeowner's insurance company.

 

[Passepartout]

A PI firm won't take this because their 'contingency agreement' isn't applicable. Find an extremely experienced traffic attorney who works for a reasonable hourly fee.

Good Luck.

 

[normab]

I would look into your Friend's Homeowner's insurance company.

How would that help? He does have liability coverage but how else might that help? Sorry, but I haven’t used my insurance coverages much at all, so maybe I’m ignorant here...

 

[VacationForever]

Some homeowner insurance cover golf cart if it is on the property only. If it goes out on public road it needs a separate golf cart insurance.

 

[vacationtime1]

I wouldn't take the case either. Police cited the golf cart driver. There are no witness, no one to back up a bare assertion that the auto ran a red light.

What kind of evidence could the attorney present?

^^^^^^^^^^^^ This. Which is why none of the attorneys OP has approached will take on this losing battle, especially on a contingent fee basis.

 

[normab]

Thank you all for your helpful advice. I have found a law firm that has attorneys who can help with both issues, and based on reviews and ratings I think they will do a good job.

Norma

 

[simpsontruckdriver]

As a side note, property & casualty insurance agencies are not in it to protect you. They are in it to protect themselves. Asking them for advice as to which lawyers to call is not the best option. And they will low-ball you if your car is totaled, many Personal Injury Attorneys will work to get them to pay retail value instead of trade-in/auction value.

When they say no one is 100% at fault is totally false, because if you have a green light and you're driving the speed limit, and another car runs a red light causing you to smash into them, that is 100% their fault (assuming there is zero time to react). Same thing if you have the green light and someone runs a red light and t-bones you. Or if you're driving highway speeds on an interstate and someone comes into your lane going far slower, causing you to rear-end them, they are at fault. Or if you're driving regular speeds, someone goes into your lane and hits their brakes for no outward reason (slowed traffic or obstruction in the road), causing you to rear-end them, again you're not at fault. You know how to prove this? Get a dash cam. I've seen tons of dash cam videos, every single one of them proves fault and the insurers wind up assigning 100% blame on the other person.

TS