Rollover Accidents - Injury Law Blog

Yamaha Rhino ATV: Are they Safe?

Juliet@LaBovick.com (LaBovick Law) — Tue, 10 Jun 2008 18:02:43 -0500

Basic Information on the Rhino ATV
After all of the accidents and injuries caused by use of the Yamaha Rhino ATV, one can't help but wonder if the product is safe. Studies have shown that poor design of the All Terrain Vehicle cause most rollovers. Such accidents have notoriously resulted in serious injury for both ATV drivers and passengers and in some tragic cases, have even led to the death of children. According to its critics, the Yamaha Rhino ATV has a high center of gravity due to its narrow bottom and top-heavy design, which makes the vehicle more prone to rollovers. The majority of the reported injuries affected the victims’ extremities, such as their legs, feet, arms and hands.

Rhino ATV Design Flaws and Insufficient Model Modifications
Until Yamaha released its newest Rhino ATV model in 2008, the vehicle lacked doors—an oversight that has triggered multiple accidents. Before this updated model of the Rhino was distributed, Yamaha only offered side doors as an accessory option. However, the inclusion of doors on an ATV is not only necessary, but it seems that even with the doors the Rhino may be unsafe. Some people have reported that the doors have unlatched in the case of rollovers—thereby endangering the passenger just the same.

In 2006, Yamaha acknowledged certain defects of the Rhino ATV, and released safety warnings as a result, such as seat belt and helmet recommendations. Then, in 2007, the company offered to install doors and passenger holds on all 2004-2007 models.

Despite the numerous reported rollovers, Yamaha has yet to acknowledge the flaws inherent within the Rhino ATV’s design and has only issued a recall for the vehicle’s brakes.

Click here to read: ATV Safety Tips

Click here to read: ATV Recalls

Click here to read: Florida Statutes for ATV Use

Mitsubishi product liability case receives $11 million verdict

Juliet@LaBovick.com (LaBovick Law) — Thu, 28 Feb 2008 21:57:11 -0500

A West Palm Beach Jury awarded a couple $11 million in a Product Liability suit. The case involved the death of the couple's 25 year old son in a 2004 rollover crash. According to the Plaintiffs the death was caused by a defective seat belt and front passenger seat of a Mitsubishi Sport Vehicle involved in the fatal rollover.

The Counsel for the Plaintiff argued the seat belt was called an "energy absorbent" belt and was designed with an extra 10 inches of overlapping fabric, that could break and cause the belt to extend.

The Counsel for the Defense argued the loop of material installed on the front passenger seat was designed to help protect the passenger from head and chest injuries. The Defense attorneys are appealing the $11 million jury verdict.

Thankfully the driver's belt did not have any extra material, therefore he suffered only minor injures.

According to the National Highway Traffic Safety Administration's 2007 report of rollover crashes and outcomes, there were 10,553 fatalities involving rollovers in 2004. Florida came in third in the nation with 627 fatal Rollovers in Florida. Texas came in second in the nation with 876 fatal rollovers in Texas. California led the nation with 1068 fatal rollovers in California. Ironically, Montana led the nation percentage wise with 67% fatal rollovers in Montana.

Click here to read more of this case from the Daily Business Review and Click here to read more from NHTSA on Rollovers

Rollover Accidents are deadly

Juliet@LaBovick.com (LaBovick Law) — Tue, 30 Oct 2007 08:29:36 -0500

Rollover Accidents account for only 2% of all accidents, but account for 33% of all Traffic Deaths according to the National Highway Transportation Safety Commission.

The following is a breakdown of Rollover fatalities by motor vehicle type:

61% of SUV occupant fatalities occur in rollover crashes.

45% of Pickup Truck occupant fatalities occur in rollover crashes.

33% of Van occupant fatalities occur in rollover crashes.

23% of Passenger Car occupant fatalities occur in rollover crashes.

30% of all motor vehicle occupant fatalities in Florida involve rollover crashes.

Click here to read more on Rollover Accident statistics from the National Highway Safety Administration.

Click here to read more on Analysis of Motor Vehicle Rollover Crashes and Injury Outcomes from the National Highway Safety Administration.