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Liability Questions Linger After Golf Ball Smashes Into Moving Vehicle’s Windshield

VAN BUREN (KFSM) — A car ride for one local couple turns frightening when a golf ball flies through their windshield. “All of a sudden there is a loud noi...

VAN BUREN (KFSM) -- A car ride for one local couple turns frightening when a golf ball flies through their windshield.

“All of a sudden there is a loud noise. The windshield shattered. Glass shrapnel flew all inside the car,” said Tim Garrett.

A police report shows Garrett was driving on North 11th street in Van Buren near Cedars Country Club on Friday evening (August 17th).

Garrett said he got out and had cuts on both his arms. He also says his wife was distraught because she thought someone had shot through their windshield.

After it happened, a group of golfers came over, and, according to Garrett, one of the golfers admitted he was at fault.

Garrett says he took down the golfer’s contact information but hasn’t been able to reach that individual since then despite multiple attempts.

He also says he’s waiting to see the police report because he’s spent cash out of pocket to pay for his windshield damages. According to Garrett, the vehicle he was driving is older, and he just has liability coverage on his vehicle.

However, the incident report 5NEWS obtained doesn’t say who is at fault. It only says that both parties exchanged insurance information.

"Somebody is going to be liable, and somebody is going to have to reimburse me for the damages because I was driving down a public street," explained Garrett.

5NEWS talked with Fort Smith Trial Lawyer Joey McCutchen about who may be liable in this case. It is important to note that McCutchen is not representing anyone in this case.

"You've just got to look at the conduct under the circumstances as they existed on that day and determine whether a reasonably careful person would’ve done what that golfer did,” he explained.

Moreover, McCutchen says, unless that golfer has been found to be negligent, then, unfortunately for Garrett, it’s most likely going to be him to fix the damage.

5NEWS also reached out to the Cedars Country Club manager who says he doesn’t have a comment until he can get more information.

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