Originally published in “The Advocate” at SouthPalmBeachBar.org
By Gary S. Lesser
The recent golf cart-related death of John Elway’s friend and former agent Jeff Sperbeck shines a very bright light on the underappreciated dangers of golf cart accidents.
There’s a lot we don’t know about this incident, and what we do know raises legal questions about the serious risk of injuries and death associated with golf cart use.
We don’t know the actual mechanism of injury, meaning what caused Jeff Sperbeck to fall from the golf cart being driven by Elway, striking his head hard on the ground and ultimately dying from these injuries.
The Riverside County Sheriff’s Office has stated the incident “appears to be just a tragic accident,” though the investigation remains open. Sperbeck died four days later, but police weren’t notified until two days after the incident. Criminal charges are unlikely without evidence of reckless behavior or intoxication. However, civil liability for negligence remains a possibility, especially if Elway’s driving contributed to the fall. It’s unknown whether Sperbeck simply lost balance or was ejected due to a driving maneuver.
What is clear is that injuries like these are not rare. While there’s no national database for golf cart injuries, the National Electronic Injury Surveillance System (NEISS) offers insight. Between 1990 and 2006, there were 147,696 golf cart-related ER visits. From 2007 to 2017, that number rose to 156,040 -more injuries in a shorter time span. ER visits rose from 6,000 in 1990 to 18,000 in 2015. This increase corresponds with the rising use of golf carts far beyond the golf course. There are more golf cart-related emergency room visits in a shorter period of time because golf cart usage off the golf course has skyrocketed.
Golf carts are now common at sporting events, airports, schools, hospitals, and residential communities. In states like Florida, Texas, and Arizona, they’re even allowed on public roads. While many view golf carts as convenient and inexpensive, they often lack the safety features of standard vehicles – and that makes them far more dangerous.
First, very few states have laws that apply to golf cart operation or safety, including the minimum age of the golf cart operator. In 2023, Florida Senator Erin Grall led the efforts to change the age limit for driving a golf cart from 14 years old – which was hard to enforce and often resulted in much younger children driving golf carts – to 18 years old and requiring government issued identification. If the golf cart operator is under 18, then they need at least a learner’s permit or driver’s license.
Liability insurance for golf carts is also largely unregulated. In Florida, insurance isn’t required unless the cart is “street-legal.” Some states, like Arizona, require liability insurance for carts on public roads. Often, insurance comes through expensive add-ons to homeowners or auto policies.
And there’s a clear need for such coverage. Medical bills from golf cart injuries can be significant, and the design of the carts themselves compounds the danger. Rear-facing seats, limited braking systems, open-air frames, and the lack of mirrors, turn signals, or airbags make golf carts uniquely risky.
The lack of seatbelts has been shown to greatly contribute to the severity of injuries. The NEISS database, looking at emergency room data, reveals that the most common cause of injuries was falling from the golf cart, with 38.3% of people sustaining injuries this way. The cause of death for 62-year-old Jeff Sperbeck was described as “passenger fell from golf cart.”
Studies published in the American Journal of Preventative specifically note that ejections and falls from moving golf carts are among the most common injury mechanisms observed in the emergency room.
The story of the death of Jeff Sperbeck due to falling from a golf cart is far from over. Even if there are no criminal charges filed against Elway, he should not be surprised if he ultimately sees a civil lawsuit filed by Sperbeck’s family. The standard for criminal prosecution requires culpable behavior and the ability to prove this beyond a reasonable doubt. The standard for a civil lawsuit only requires proof by a preponderance of the evidence, and Elway may find himself the defendant in a personal injury wrongful death case. Insurance coverage and possible personal assets could all be in play.
This case highlights how quickly a seemingly harmless activity can turn tragic. Golf carts may feel safe – but without regulation and safety features, they are not.
States must consider passing laws requiring basic safety equipment, like seatbelts, and clearer insurance requirements for golf carts used off-course. A passenger ejected from a moving golf cart carries that momentum – and the risk of severe injury skyrockets depending on the surface they strike. A fall on grass is very different from one on concrete or asphalt.
The death of Jeff Sperbeck is a painful reminder of how deceptively dangerous golf carts can be. What feels like a carefree ride can quickly become life-threatening. Hopefully, lawmakers will act to reduce the risk of similar tragedies by requiring the most basic of protections before more lives are lost.
Gary S. Lesser is the Managing Partner of Lesser, Landy, Smith & Siegel, and he focuses his practice on personal injury and wrongful death cases throughout the State of Florida. Gary has lectured and been published on personal injury law and legal ethics, and he served as the 74th President of The Florida Bar.
