Serious injury and death have resulted from rollover accidents involving the Yamaha Rhino.

 

The Yamaha Rhino is  a popular all terrain vehicle (ATV) manufactured by Yamaha Motor Corporation, U.S.A., and is the subject of legal scrutiny after cases of serious injury and death have resulted from rollover accidents involving the vehicle. The Rhino has been in production since 2003.

Attorneys at Robert DeBry & Associates are currently evaluating claims against Yamaha Motor Corporation on behalf of people who suffered serious injury in a Yamaha Rhino ATV accident, or whose loved ones were injured or killed in these serious crashes.

Pending claims allege that design defects make the Rhino fundamentally unstable. Information on the company’s web site, www.yamaha-motor.com and in the Yamaha Rhino Owner’s Manual acknowledges that “abrupt maneuvers or aggressive driving have caused rollovers - even on flat, open areas.”

A Yamaha Rhino safety bulletin was issued to Rhino owners in August 2007 advising that vehicles could be returned to Yamaha dealers for installation of new equipment - doors and passenger handholds - at no cost to owners, to improve vehicle safety. Yamaha recommended that Rhino owners have the doors and handholds installed.

Yamaha Motor Corporation, U.S.A., Customer Support Group, followed up with a letter to Rhino Owners in September 2006 urging safe operation, warning of risk of tip over or rollover under “certain conditions” and providing instructions for avoiding / correcting a tip over and safe operator / passenger conduct in the event of a tip over / rollover. Warning labels for attachment on the Rhino passenger enclosure were enclosed with the letter.

According to the Yamaha Motor Corporation web site, the 2007 Yamaha Rhino Owner’s Manual was updated to include the new doors and handholds, and included a note that these modifications were available at no charge to vehicle owners. Rhino owners were provided a supplemental Guide to Genuine Yamaha Doors/Handholds and Rhino Occupant Protection, as well as a new on-product label promoting awareness of the new products and acknowledging dangers of rollover. Dealers installing doors and passenger handholds were instructed to attach the new on-product label to the vehicle’s dashboard.

Doors and passenger handholds are standard on 2008 models of the Yamaha Rhino, according to Yamaha Motor Corporation’s customer service line. Customer service recommends that anyone purchasing a used Yamaha Rhino (prior to the 2008 model) check to see that the doors and passenger handholds have been installed, and to see a local Yamaha authorized dealer to install these items if this has not been done.

FREQUENTLY ASKED QUESTIONS

1.    What complaints have been made about Yamaha Rhino?

In lawsuits filed against Yamaha Motor Corporation, riders have charged that the Rhino Utility Terrain Vehicle (UTV) contains design defects making it dangerously unstable. Even during turns at low speed, the complaints allege that the Rhino is prone to rolling over because it is top heavy, narrow, and the tires are too small.

In addition, the Rhino has an unpadded, heavy and rigid steel roll cage outlining the entire side of the occupant compartment. Once the Rhino tips over, it has been alleged that the roll cage can cause severe and sometimes fatal injuries when the rider is pinned between the ground and the roll cage or ejected from the Rhino.

2.     What injuries have occurred?

Serious injuries have been sustained by both Rhino drivers and passengers in rollover accidents. These injuries have often included broken or crushed arms, legs, feet, and ankles. In some cases the injuries were so severe as to require amputation.

Fatalities have also occurred. Many of those killed have been children. While every accident involving a Rhino can pose a risk of serious injury, when a child is riding, the injuries have often been more severe. Children have been thrown from the UTV and died after it landed on top of them.

3.     Has Yamaha recalled the Rhino?

No. Despite repeated rollover crashes, there has been no formal recall of the vehicle by Yamaha.

4.     What is the Yamaha "special offer"?

Rhinos manufactured by Yamaha from 2004-2007 were sold without full or half doors. In August 2007, Yamaha announced that it would install half doors and a passenger handhold for Rhinos manufactured from 2004 through 2007 free of charge. For the 2008 Rhino, Yamaha has added the half doors and handhold as standard equipment. Owners of 2004-2007 should visit a local Yamaha dealership for details.



5.    Has Yamaha acknowledged legal responsibility?

No. While its retrofit program is a step in the right direction, Yamaha has not fixed the Rhino's alleged stability problems or added padding to its roll cage. Yamaha must demonstrate that it places safety as its highest priority by undertaking these modifications. Yamaha must also recognize its responsibility to provide compensation to injured Rhino riders, including reimbursement for their medical expenses.

6.    What information on the safe use of the Rhino has Yamaha provided?

In Yamaha's manual for the 2007 Rhino, Yamaha lists multiple safety measures drivers and passengers should take. You can learn more on this page.

In addition, Yamaha has issued an on-product warning label for the Rhino that recognizes the risk of rollover and crushing injuries with the Rhino, even on flat open surfaces during quick maneuvers or tight turns.

7.    I was injured in a Yamaha Rhino accident. How quickly must I hire an attorney?

If you or your loved one has just been in an accident in a Yamaha Rhino, you should not feel pressured to make an immediate decision about hiring an attorney. Focusing on restoring your health or mourning the loss of loved ones should take precedence over liability issues at this difficult time. However, keep in mind that each state imposes a deadline for filing lawsuits. This deadline is known as the statute of limitations, which in certain states is one year from the date of the accident. There might also be other deadlines imposed by state law that may require action sooner than one year.

8.    What are my legal rights after an accident or injury?

In most states, an injured person may bring a case for negligence, design defect and other legal claims for compensation. In wrongful death cases, close family members may bring suit.

9.    Will I have to pay a fee for your review of my case?

No. We do not charge to review your case. If we decide we can represent you, we will discuss our contingent fees (calculated as a percentage of the recovery we obtain) and then provide a written contract to be agreed upon.  We do not charge our clients hourly fees and earn no compensation for ourselves until you receive your recovery.  

Once a contract has been signed, Robert DeBry & Associates can go to work on your case.   

10.    How long will my case take?

We cannot give any guarantees as to when your case will be resolved. First, we must undertake a thorough investigation of the facts of the accident. In some instances, a case will settle to our client’s satisfaction shortly after it is filed, or perhaps even before. In other cases, a final resolution may take years.

11.    How do I select an attorney to represent me?

You should seek a lawyer who has substantial experience in successfully handling similar cases. It is important to not only verify the reputation and experience of the law firm as a whole, but to be sure that your case will be handled by individuals with appropriate experience. Finally, in suits involving defective vehicles, a case can be expensive to litigate and typically requires the hiring of experts to assist your case. You should choose a law firm with substantial financial resources to conduct the case through trial and appeal if necessary.

12.    Do I need a lawyer? Why don't I just contact Yamaha and work it out with its insurance company?

It is usually inadvisable to try to resolve an accident case involving the loss of a limb, other severe injuries or a death on your own. An accident may involve multiple parties and questions concerning what happened, who was legally responsible, and how the matter should be resolved. Not only is a lawyer essential, but medical, accident reconstruction and design specialists are often needed. Without these experts, you may never know what really happened, or the true value of your case.

It is important to understand that Yamaha employs the services of expert lawyers that seek to avoid responsibility or at least to minimize the payments that will be made to the victims and their families. In contrast, our duty is to identify all responsible parties, maximize the compensation under the law, and obtain justice for you.

Firms like Robert DeBry & Associates have the staying power to investigate these complex cases thoroughly, and to send a message to the defendants that they will not be able to escape the power of the courts to impose damages for their misconduct.

13.    How will you handle my case?

As our client, you possess the direction and control over the case. For example, if Yamaha should make an offer to settle the case, we will promptly inform you. We will advise you whether or not you should accept the offer based on the law and facts of your case. The decision, however, will be yours alone to make.

If you agree to retain our firm, we will prosecute your case as a personal injury lawsuit. You will be assigned an individual attorney who will keep you regularly informed as to the status of your case. At the same time, our attorneys work as a team, sharing evidence and following a strategic plan for the Yamaha Rhino litigation.

14.    Should I preserve the Rhino?

Yes. The Rhino is evidence that must be preserved. If you have sold it, or if it belongs to a friend or employer, we may try to locate it so that your case can be successfully pursued.

Robert J. DeBry & Associates is representing people who have been injured as a result of  Yamaha Rhino rollovers.If you or a loved one has been injured, you should consult with  an experienced personal injury attorney to protect your legal rights. Robert DeBry is here to help you.  We take cases on a contingency basis, which means that we are paid only if we bring about a recovery for our clients.  Please CALL or EMAIL us today to schedule a FREE confidential consultation. 

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