ATV rollover - Injury Law Blog

Yamaha Rhino ATV: Are they Safe?

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

Tougher Safety and Liability Laws Urged by Parents of ATV Personal Injury victims

LaBovick Law — Mon, 10 Mar 2008 22:13:06 -0500

ATV (All terrain Vehicles) are coming under fire for tougher safety and product liability laws from parents of a personal injury victim that died in ATV related crash.

Ashley Phelps' life was cut short last year when the all-terrain vehicle she was a passenger on struck some mailboxes and rolled over. The driver, Gregory Hebert, then allegedly drove away, leaving the injured 21-year-old behind. Head injuries sustained as a result of the ATV crash caused Ashley's death.

According to the most recent CPSC Annual Report of ATV deaths and injuries for 2006, that was released in February 2008, there have been over 8100 deaths related to ATV crashes or ATV fatalities. The state of Pennsylvania leads the nation in ATV fatalities with 420 total deaths from 1982 - 2006. The State California comes in second with 418 ATV fatalities from the same period. In the state of Florida, there were 349 deaths as of result of ATV accidents.

Click here to read more from the AP and the Insurance Journal and Click here to read more from the Consumer Product Safety Commission on ATV Accidents, death and injuries.

$60 Million ATV Rollover Verdict against Ford overturned

LaBovick Law — Thu, 08 Nov 2007 23:44:46 -0500

Plaintiff lawyers were dealt a huge blow on Wednesday when their $60 million jury verdict against Ford Motor was overturned by the 3rd Court DCA. All eyes are on Miami right now, because this was a huge jury verdict for the Plaintiff's. According to the Daily Business Review, the DCA ruled that Judge Roberto Pineiro erred by allowing testimony regarding previous accidents without requiring the plaintiffs to establish the similarities between the case at hand.

Interesting the article mentioned a case involving a driver falling asleep at the wheel. Being that this is "Drowsy Driving Prevention Week", this is an important detail to point out. A Ford spokesperson is quoted as saying “One case was about a driver that fell asleep at the wheel and lost control of the vehicle.”

Unfortunately, this rollover case will need to be retried. We will keep an eye on this case, it is a noteworthy case for ATV rollovers. Stay Tuned....

Click Here to read the Daily Business Review article by Billy Shields.