The Ultimate Price of Impairment: DUI Manslaughter, Wrongful Death & Golf Cart Liability in Florida

By the Legal Team at Go2Attorney.com | Tampa Personal Injury Attorneys

Florida communities are filled with golf carts—retirement villages, coastal neighborhoods, and suburban developments use them every day for convenience and recreation. But despite their harmless reputation, a golf cart becomes a lethal vehicle the moment an impaired driver takes the wheel.

A recent tragedy in North Florida illustrates this painful truth. A husband, driving his golf cart within his residential community, crashed while allegedly impaired. His wife was thrown from the vehicle and killed. He now faces severe felony charges, and the family faces unimaginable loss.

This heartbreaking case is a powerful reminder: A golf cart is a motor vehicle under Florida law.

Driving one under the influence carries the same—if not greater—criminal and civil consequences as a traditional automobile.

Families who lose a loved one in a DUI golf cart crash face two battles at once:

1. The criminal prosecution (DUI Manslaughter)
2. The civil wrongful death lawsuit seeking financial justice

At Go2Attorney.com, our Tampa wrongful death lawyers help families navigate these dual systems and fight for accountability. This guide breaks down what you need to know about DUI manslaughter, civil wrongful death claims, punitive damages, golf cart liability, and how to protect your family’s rights.

I. The Criminal Reckoning: DUI Manslaughter Under Florida Law

When impairment causes a death, Florida prosecutors aggressively pursue DUI Manslaughter, one of the state’s most serious criminal charges.
The crime is defined under Florida Statute § 316.193(3)(c)3.

What the State Must Prove

Prosecutors must establish two elements beyond a reasonable doubt:

1. Impairment

The driver was operating the vehicle—yes, a golf cart qualifies—while:

• Under the influence of alcohol or drugs to the extent normal faculties were impaired, or
• With a BAC of .08% or more

2. Causation

The impairment caused or contributed to the victim’s death.

Intent does NOT matter.
Accidents, even tragic ones, are no defense when impairment is involved.

Penalties for DUI Manslaughter

DUI Manslaughter is a Second-Degree Felony carrying:

• Up to 15 years in Florida State Prison
• 4-year mandatory minimum prison sentence
• Up to $10,000 in fines
• Permanent driver’s license revocation

In the North Florida case, the driver refused a breath test. Refusal leads to immediate license suspension and is often used as evidence of guilt. Police can still obtain blood samples via warrant, and testimony from witnesses and first responders remains powerful.

How the Criminal Case Impacts the Civil Case

A criminal conviction doesn’t automatically win the civil wrongful death lawsuit—but it strongly supports it.
Impairment + causation = negligence per se, giving the civil attorney a strong foundation to secure financial recovery for the family.

II. Pursuing Justice in Civil Court: The Florida Wrongful Death Act

Criminal court punishes the offender.
Civil court compensates the family.

Florida’s Wrongful Death Act (F.S. §§ 768.16–768.26) gives surviving family members the right to recover financial damages—but only through a Personal Representative (PR) appointed by the probate court.

Who Can Recover?

Eligible survivors typically include:

• Spouse
• Children
• Parents (in certain cases)
• Financially dependent relatives

In the North Florida tragedy, where the impaired husband is also the surviving spouse, other family members may need to pursue the claim. These complex conflicts require a skilled attorney to navigate competing legal interests.

Recoverable Damages in a DUI Wrongful Death Case

A. Damages for Survivors

These compensate the family for their emotional and financial losses:

• Loss of Support & Services
• Loss of Companionship and Protection
• Loss of Parental Guidance
• Mental Pain and Suffering

B. Damages for the Estate

These include:

• Medical and funeral expenses
• Lost earnings from the date of injury to death
• Loss of Net Accumulations (future savings the deceased would have built)

Punitive Damages: Florida’s Strongest Civil Penalty

Under F.S. 768.72, survivors may seek Punitive Damages, designed to punish and deter egregious misconduct.

Driving a golf cart while impaired qualifies as reckless disregard for human life, and DUI manslaughter cases often meet the legal threshold for punitive awards. These damages can far exceed compensatory amounts and provide meaningful accountability.

III. Why Golf Cart Death Cases Are Legally Unique

Golf carts may seem harmless, but legally, they create a complicated liability landscape involving vehicle law, homeowner’s associations, and insurance loopholes.

Golf Carts as “Dangerous Instrumentalities”

Florida applies the Dangerous Instrumentality Doctrine to golf carts. This means:

• Owners are vicariously liable for negligent drivers using the cart with permission
• Victims can seek recovery from the owner’s insurance or assets

This is crucial when the driver has limited coverage.

Insurance Challenges: The Golf Cart Loophole

Unlike traditional automobiles:

• Golf carts are NOT required to carry PIP or PDL insurance
• Auto insurance typically does not cover standard golf carts
• Coverage may come from:
  • Homeowner’s insurance
  • Umbrella policies
  • Specialized golf cart or recreational vehicle riders

If the cart is upgraded to a Low-Speed Vehicle (LSV) and registered, then full auto insurance applies.

A skilled attorney will conduct a full insurance recovery audit, reviewing all possible sources of coverage.

Premises Liability: Was the Community Unsafe?

If neighborhood conditions contributed to the crash—poor lighting, no speed bumps, dangerous curves—the HOA or property management may also share liability under Florida’s comparative negligence law.

This often increases available compensation significantly.

IV. How a Tampa Personal Injury Attorney Protects a Wrongful Death Case

DUI manslaughter wrongful death cases demand aggressive, multi-front legal action.

Our law firm handles every part of the process, including:

1. Independent Investigation & Evidence Preservation

We immediately secure:

• Accident reconstruction analysis
• Toxicology and medical records
• Witness interviews
• Surveillance footage
• Insurance policy discovery
• Vehicle and golf cart inspection

Civil investigations must begin early to preserve evidence the criminal case may overlook.

2. Managing the Criminal–Civil Overlap

We:

• Track the criminal prosecution
• Use admissions or convictions as leverage
• Ensure evidence is preserved for civil court
• Protect the family’s rights during parallel proceedings

3. Calculating the Full Value of the Claim

Our experts determine:

• Lifetime lost wages, benefits, and services
• Emotional and psychological damages
• Funeral and medical costs
• Appropriate punitive damages

Insurance companies often minimize wrongful death claims. We counter with strong evidence and expert testimony to maximize compensation.

4. Securing Accountability

A civil wrongful death case:

• Holds the impaired driver financially responsible
• Forces insurance carriers to pay full value
• Creates public deterrence against impaired golf cart operation
• Provides survivors with long-term stability and justice

Conclusion: Your Time to Act Is Limited

A fatal DUI golf cart crash is a devastating, sudden loss—and families often feel overwhelmed by the criminal charges, the insurance process, and Florida’s wrongful death statutes.

But you do not have unlimited time.
Florida’s wrongful death statute of limitations is two years from the date of death.

Waiting risks losing your right to recover.

At Go2Attorney.com, our Tampa wrongful death lawyers are ready to investigate every angle—driver negligence, vehicle liability, HOA negligence, insurance coverage, and punitive damages—to secure the justice your family deserves.

Contact Us Today

Do not face the insurance companies alone.
We offer a free, confidential consultation and take wrongful death cases with zero upfront fees.

Call Go2Attorney.com or visit our website to speak directly with a dedicated Tampa wrongful death attorney today.