Yamaha Motor Corp

The Georgia State Court jury awarded the plaintiff $371,002 to compensate for pain and suffering, medical expenses, lost wages, lost future wages, and loss of consortium. The case is one of dozens of other such cases filed against Yamaha in Gwinnett County, Georgia, where the company’s registered agent for the United States is located.

According to the complaint, the victim brought his Rhino to a stop and then began moving the vehicle forward as he turned the steering wheel right, “and the Rhino tipped onto the driver’s side, trapping his leg under the vehicle.” The weight of the vehicle crushed the plaintiff’s leg, shredding his skin while smashing and exposing his bone.

The case was considered a pivotal one in the legal community because it tested the viability of several other lawsuits filed against Yamaha in the same county. The jury’s verdict indicates that plaintiffs with cases involving similar or worse injuries will likely receive compensation, especially those cases filed in Gwinnett County.

The trial lasted two weeks and the jury deliberated for 10 hours before reaching its verdict. According to some reports, one of the jury’s biggest concerns was that Yamaha never tested its Rhinos for “occupant containment.” Had the company conducted such tests, it would have seen the problem, the jury believed. Almost all serious injuries on Yamaha Rhinos occur during rollovers when the limbs of the vehicle’s occupants protrude from the vehicle.

Drivers and passengers experience a higher rate of injury and death in Rhinos than in other recreational off-road vehicles (ROVs) and all-terrain vehicles (ATVs). Consumer and safety advocates assert Rhinos are dangerous because of their design flaws, including a narrow, top-heavy stance that makes the vehicle prone to roll over, even while when traveling across even surfaces at a low rate of speed.

Yamaha issued a statement after the verdict, saying that the company “is disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.”

SOURCE: Yamaha Rhino Rollover › Plaintiff wins landmark case in Georgia for Yamaha Rhino injuries

The CPSC and GAO define ATVs as “off-road motorized vehicles, usually with four tires, a straddle seat for the operator, and handlebars for steering control.” The ATV category does not include side-by-side vehicles such as the Yamaha Rhino and Polaris Ranger, which the government now classifies separately as recreational off-highway vehicles.

GAO says that ATVS have increased in popularity during the last decade and have become a concern to the CPSC and various safety and consumer groups because of their propensity to roll over. Of particular concern is the matter of children who are injured or killed while driving adult-size ATVs or riding as passengers on an ATV that experiences a rollover or crash.

Last October, the CPSC announced it had voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with off-highway vehicles and ATVs. According to the CPSC, “preliminary evaluations indicated that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.”

The GAO report will likely influence what new regulations, if any, the CPSC adopts to govern the use of ATVs in the U.S.

GAO analysis found that “injuries and fatalities increased substantially during the last decade, but not as rapidly as the number of ATVs in use, which nearly tripled. According to Commission staff, an estimated 816 fatalities occurred in 2007, the agency’s most recent annual estimate, compared with 534 in 1999, a 53 percent increase.”

GAO says an estimated 134,900 people were treated in emergency rooms for ATV-related injuries in 2008 – a 65 percent increase over the 81,800 people treated in 1999 for injuries resulting from ATV use. Approximately one-fifth of ATV-related deaths and about one-third of the injuries involved children.

No federal regulations exist governing the use of adult-size ATVs by children. GAO says that accidents involving children frequently occur when children are allowed to ride ATVs that are too large and too difficult for them to handle.

Despite the fact that ATVs can weigh about 600 pounds or more and travel at speeds up to 70 mph, many adults allow children to drive or ride them for recreation. As a result, the U.S. is seeing a continued rise in ATV-related injuries and deaths in children.

“Manufacturers and distributors have agreed to use their best efforts to prevent their dealers from selling adult-sized ATVs for use by children, but recent GAO undercover checks of selected dealers in four states indicated that 7 of 10 were willing to sell an adult-sized ATV for use by children.”

CPSC estimates that costs associated with ATV fatalities and injuries more than doubled in less than a decade, soaring from $10.7 billion in 1999 to $22.3 billion in 2007.

To download a version of the GAO’s full report, go here.

SOURCE: Yamaha Rhino Rollover › Government Accountability Office releases ATV report

According to a press release from the Hubbard County, Minnesota, Sheriff’s office, Tabaka lost control of the vehicle, which caused it to leave the road and strike a tree. The accident was reported about 6 p.m. in Steamboat River Township.

Emergency workers declared Christopherson, a resident of Benedict, Minn., dead at the scene of the accident. Tabaka was taken to North Country Regional Hospital with a broken collarbone and fractured vertebra. The hospital listed him in good condition.

Authorities continue to investigate possible causes of the accident. Both Christopherson and Tabaka were wearing helmets, but ATV collisions and rollovers often result in body trauma despite protective head gear. The Honda TRX is a quad style vehicle, requiring the driver and passenger to straddle the frame. Because the vehicles lack roll bars, seat belts, and other protective features to contain the riders, quad collisions are exceptionally dangerous.

According to a recently published report by the Government Accountability Office (GAO), there were an estimated 816 ATV-related fatalities in 2007, the agency’s most recent estimate. In 2008, an estimated 134,900 people were treated in hospital emergency rooms for injuries sustained in ATV accidents. However, these numbers do not include Yamaha Rhinos and other side-by-side style vehicles, which the federal government now classifies with golf carts as recreational off-highway vehicles (ROVs).

SOURCE: Yamaha Rhino Rollover › ATV crash kills Minnesota woman, injures another

An all-terrain vehicle crash claimed the life of a 16-year-old girl from the Chinquapin community in Duplin County, North Carolina last weekend. According to NBC affiliate WITN in Washington, North Carolina, the girl was identified as Raven Kennedy, a student at East Duplin High School.

Authorities investigating the accident said Kennedy was driving the ATV on private property when it rolled over after Kennedy attempted to turn onto a dirt road. Her passenger, 20-year-old Michael Pickett, was taken to Duplin General Hospital, where he was treated and released.

In South Carolina, a 13-year-old boy died when he was riding his ATV with friends. According to Florence County Coroner Bubba Matthews, the boy, who was identified as Benjamin Byers, lost control of the ATV and was crushed when the vehicle rolled over on top of him. Byers was rushed to Lake City Hospital where he was pronounced dead just before 3 p.m. on January 11.

Near White City, Oregon, three two teenage girls were treated for injuries at a local hospital when the ATV they and another friend, also a teenage girl, flipped. Reports say that the ATV’s driver lost control of the vehicle just as she attempted to cross Highway 140 in southern Oregon just outside White City.

One of the girls of the girls was ejected when the vehicle rolled over. The other girls were trapped under the vehicle after it rolled over multiple times. All three girls survived the crash.

In Nova Scotia, Canada, a teenager died when he was ejected from the vehicle after hitting some rocks in the road. 18-year-old Alexander MacPhee of Nine Mile River was riding his ATV with two friends when the accident occurred. Halifax Royal Canadian Mounted Police said that MacPhee was wearing a helmet but that it had come off when he the rock. He was pronounced dead at the scene.

In an effort to reduce the incidence of injury and death caused by ATV accidents, the U.S. Consumer Product Safety Commission (CPSC) announced last October that it voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with ATVs.

According to the CPSC, the agency’s preliminary evaluations found that ATVs may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.

“The need for federal rulemaking on ROVs (recreational offroad vehicles) is the consequence of not having a voluntary standard that effectively safeguards consumers, said CPSC Chairman Inez Tenenbaum in a statement, adding that she believed her agency could play a vital role in making ATVs safer.

SOURCE: Yamaha Rhino Rollover › ATV accidents turned January into a tragic month for many teenagers

According to the news release, the CPSC staff’s preliminary evaluations indicate that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash. The staff reviewed the Recreational Off-Highway Vehicle Association (ROHVA) draft proposed American National Standards for Recreational Off-Highway Vehicles, ANSI/ROHVA 1-200X and “found preliminarily that it does not adequately address the deaths and injuries associated with ROV rollovers and collisions.”

In a statement issued by CPSC Oct. 21, Chairman Inez Tenenbaum says, “The need for federal rulemaking on ROVs is the consequence of not having a voluntary standard that effectively safeguards consumers. I have reviewed numerous death and injury reports tied to ROVs and I believe CPSC can play a vital role in making them safer. While we work on new safety rules for ROVs, I urge all riders and passengers to strap on a helmet, use the seat belt, know the terrain, and never allow anyone under 16 to drive these vehicles.”

During the ANPR process, the CPSC is inviting the public to submit written comments regarding the risks of injury associated with ROVs, and suggestions for ways in which these risks could be addressed.  Comments will be accepted for 60 days following publication of the ANPR.

Comments can be submitted at www.regulations.gov.

SOURCE: Yamaha Rhino Rollover › CPSC to address rising death toll on recreational off-highway vehicles