An Omaha, Nebraska woman has been charged with motor vehicle homicide as a result of a golf cart accident that took place last month. Two women were traveling in a golf cart on May 10, 2009 when the cart tipped over and landed on top one of the women, killing her. The driver who survived the vehicle accident submitted to a blood alcohol test following the incident. Her blood alcohol content level was recorded at .198 percent. In Nebraska, and in most states, that level is more than twice the legal limit. According to reports, both women were drinking wine with dinner just prior to the accident.
Not only has the driver of this golf cart been charged with motor vehicle homicide, but she also likely will be sued by the estate of the deceased woman in a civil court. Criminal and civil courts treat golf carts as if they are automobiles, because they are motorized vehicles. Individuals who drink and drive golf carts face the same penalties as individuals who drink and drive regular automobiles.
Similarly, individuals who drive golf carts in a careless manner and cause accidents that result in personal injury, can face the same civil penalties as operators of motor vehicles. One of the difficulties the prosecution faces in this particular golf cart accident case is that they will have to prove which of the two women was driving the golf cart at the time of the crash. Obviously, the woman who lost her life in this accident will not be able to identify the driver. The woman who survived the accident will likely exercise her fifth amendment right not to testify.
If you have been injured in a motorized vehicle crash, it does not necessarily need to be a conventional automobile for you to pursue a claim. Contact an attorney at the Princeton, New Jersey Law Office of Lependorf & Silverstein for a confidential consultation regarding your legal options.