Go Kart Accident Lawyer
Were you or a loved one injured while riding a go-kart, and your injuries are the result of someone else's negligence? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent crash victims who suffered severe injury or death.
Call our experienced accident injury lawyers at (888) 424-5757 (toll-free phone call) or use the contact form today to schedule a free consultation and tell us what happened. Then, let us hold those responsible for causing your go-kart accident legally and financially accountable for their negligence.
Many people enjoy go-karts because they are fun to get around and spend time with family and friends. In addition, many people enjoy the thrill of racing against each other in a sport that is exhilarating, exciting, and stimulating.
The sport provides an adrenaline-pumping adventure of driving around track obstacles while honing their skills for competition. However, there is a high risk of injury when riding in a go-kart, even in relatively safe environments like amusement parks.
Kart operators could be thrown off go-kart tracks or impacted by other vehicles on the courses. Therefore, it's best to ride with someone who knows what they're doing and avoid going fast near other carts, even when at an amusement park, to ensure an enjoyable and safe experience.
Points to Know About Go-Karts
Go-karts were created by Henry Morris, an Americanist, who designed his vehicle the same year he died. The first go-kart was manufactured in 1899. Since then, go-karts have been modified and improved by different inventors to what it is today.
Powerful go-karts are designed small with minimal engine power but can reach fast speed and high acceleration. Moreover, they can be considered the most accessible vehicles to drive because they are lightweight, making them easy to control.
However, go-karts are not always safe due to the lack of protection for the riders. In addition, turning or slowing down can be dangerous if the driver loses control.
Not Street Legal
Go-karts are not street legal and have no safety inspection like passenger cars. In addition, Go-kart tires are usually made of solid rubber, unlike car tires inflated with air.
Go-karts can reach speeds of 50 miles per hour. Electric go-karts can travel up to 40 mph.
Many people enjoy the excitement of a go-kart because it is used for recreation, track racing, and road racing. However, the vehicle is designed to be used on land and tracks by teenagers and adults who have sufficient training to ensure safety.
While operating a go-kart, drivers are exposed to constant sun rays due to a lack of a hood or cover. In addition, these vehicles have no seatbelts to ensure safety if the go-kart turns over or collides with other people or objects.
Go-kart drivers should not use cell phones while driving because distracted driving could be fatal inside buildings or tight areas.
Many local communities regulate go-kart use due to their speed and small size. With the maximum speed varying between 30 and 40 mph, it is usually illegal to operate them on public roads and highways.
Manufacturing Defects and Malfunctions Are Dangerous and Can Result in Serious Injury
If a manufacturer knowingly sells a defective go-kart, you may have grounds to file a product liability claim. Since most karts are made of metal or other heavy materials, they can break apart in a go-kart accident and cause serious injury.
Kart manufacturers could be held liable for your injuries if it is determined that the product had a manufacturing defect and the consumer had a go-kart accident.
What If the Manufacturer Was Not Aware of the Product Defect?
Negligence occurs when someone does something wrong or fails to do something right. Victims who can prove that the go-kart company was negligent could file a product liability lawsuit to seek compensation for current and future medical expenses relating to their severe injuries and pain and suffering.
If the manufacturers knew that a defect existed but continued to sell these products anyway, they might be held legally liable under negligence laws.
However, every business that designs, manufactures, and sells products can be held legally liable under strict liability laws if they sell a defective product. In these cases, the injured party does not need to show that the manufacturer was aware of the problem before being harmed.
Holding the Go Kart Track Operator Legally Accountable
Go-kart track operators can be liable when go-karts roll down the track, strike a bystander, or flip over. But the liability is not absolute. The damage must be foreseeable or latent defects in a go-kart can make it 'unavoidably unsafe.'
Signed waivers are typically required before the riders are permitted to race on a track. However, even the best waivers are not full proof, where experienced accident lawyers could find legal loopholes when seeking compensatory and punitive damages.
A Go-Kart Civil Lawsuit
In one case, a man struck by a go-kart while standing on top of a barrier sued the track owner. He claimed they did not put adequate warnings or barriers around the track to keep bystanders safe.
The evidence showed that karts rarely, if ever, leave the track, and even when they do, their braking system keeps them at a slow speed. However, the man argued that evidence indicated go-karts do leave the track and are not always stopped by their braking system, which is faulty.
The courts sided with the operators on a summary judgment motion before trial because there was no apparent reason they should have anticipated the defect or hazards of a go-kart leaving the track.
The court wrote, 'In light of the age group attending, it was foreseeable that a minor might get on the go-kart to ride or jump off. However, the foreseeability extends only so far as such conduct is reasonably anticipated and neither an operator nor a manufacturer can be held liable for every consequence from every possible circumstance.'
The loophole in the law means property owners and management are not automatically liable for all injuries caused by a go-kart. Instead, these people and companies can be held liable only if they fail to act on reasonable knowledge of latent or hidden dangers that reasonably foresaw the accident.
Therefore, riders have some responsibility to avoid unexpected hazards, such as getting on a go-cart while intoxicated. The best safety advice is always to wear a helmet, and if you are not authorized to drive, don't ride on the go-kart track.
Accident lawyers can pursue a personal injury lawsuit on behalf of their clients to ensure that those at fault for causing the accident are held responsible, even with current laws. Additionally, other parties (third parties) might also be responsible for causing an accident, like a kart manufacturer selling a defective product.
Kart Operators Safety Tips
Many victims of go-kart accidents have suffered severe injuries and even death. As a result, go-kart enthusiasts recommend the following safety tips. These include:
- Wear a helmet and goggles
- Wear closed-toe boots
- Wear gloves
- Operate the vehicle when on level ground
- Always wear safety equipment and follow go-kart rules
- Check the go-kart for proper maintenance before use
To maximize safety for young children and avoid go-kart accidents, parents should operate vehicles with their young children and drive at slow speeds until they are familiar with the go-kart and road conditions.
A go-kart should never be modified or made street legal due to the injuries resulting in an unsafe environment.
Visit the local kart track and get training and licensing or only drive on private property after receiving written consent from the property owner willing to assume liability or have insurance to pay for your injuries.
Hiring a Personal Injury Attorney Who Handles Go-Kart Accident Cases
Were you, or a loved one, injured in a go-kart accident? Was the crash the result of distracted driving, vehicle malfunction, or someone else's negligence?
At Rosenfeld Injury Lawyers, LLC, our driver negligence attorneys can help you pursue your financial claim to ensure you are compensated for your damages. Call us at (888) 424-5757 (toll-free phone call) or use the contact form now to schedule a free consultation. Let us protect your right to receive fair compensation and hold the negligent party accountable.
Surviving family members who lost a loved one in a go-kart accident can seek financial compensation by filing a wrongful death lawsuit. Qualifying family members typically include spouses, children, parents, and grandparents who must pay the decedent's expensive medical bills, funeral & burial costs, lost wages, and future lost earnings.
We accept all personal injury cases on a contingency fee basis, meaning you owe us nothing if we cannot obtain compensation for your damages. In addition, all confidential and sensitive information you share with our law office constitutes an attorney-client relationship.
There are already millions recovered on behalf of injured victims harmed in go-kart accidents at amusement parks and kart tracks. Contact our law firm today at (888) 424-5757 for free legal advice or pursue legal action to hold the go-kart company or amusement park financially accountable for gross negligence.