Mississippi remains one of the few states with almost no laws restricting the use of ATVs. As a result, the number of ATV-related injuries and deaths in Mississippi is three times higher than in most other parts of the country.

Tragically, in Mississippi, children are too often the victims of the dangerous vehicles, and there is a growing feeling that the state’s lack of legislation governing their use and safety represents a big part of the problem.

Two days before Christmas, in Warren County, Mississippi, an ATV accident claimed the life of 15-year-old Caitlin Lopez, who was driving a Yamaha Big Bear when “suddenly it flipped,” according to Jackson NBC affiliate WLBT. The accident injured 6-year-old twin sisters Kimberly and Kaylee Madison, who were passengers in the Yamaha when it rolled over.

“Knowing that they’re here and that they’re walking and talking and breathing. It is remarkable to me,” Selena Madison, the mother of the twins, told WLBT.

Last year, Coroner Gillentine-Green pronounced the deaths of 20-year-old Crystal Hooper and her 5-year-old cousin Natalie Aguilar, who were killed when the ATV they were on crashed. According to available reports, Hooper lost control of the ATV and ran into a trailer full of building supplies. Both Hooper and Aguilar sustained head injuries in the accident.

But will adding new legislation, such as requiring the use of helmets, help reduce the number of ATV-related injuries and fatalities? Warren County Sheriff Martin Pace says it will.

“I attribute at least some of this to Mississippi’s lack of legislation,” Pace told WLBT, referring to the recent spate of ATV crashes that claimed the lives of Mississippi teens and children.

But Sheriff Pace also believes that the vehicles are dangerous to start with, and that anyone riding them should be extremely cautious, no matter what the laws are.

“In 2009, we’ve lost two beautiful teenage girls to four wheeler accidents. And they’re just inherently dangerous vehicles,” Pace said.

Two Mississippi legislators, Gray Tollison (D) and Dannie Reed (R) are also calling for better legislation.

“We need to consider legislation this session to decrease the increasing number of ATV deaths and serious injuries, especially children. I believe that the passage of a law requiring the use of a helmet and required training for persons without a drivers license would go a long way to reduce the number of ATV deaths and serious injuries in Mississippi,” Tollison said in a statement.

SOURCE: Yamaha Rhino Rollover › ATV deaths prompt Mississippi to consider better ATV legislation

Investigators at the scene said that the crash was likely the result of the front left tire coming off of Case’s vehicle. The tire disengagement apparently caused Case to run the ATV headlong into a tree. Authorities said that the boy was not wearing a helmet.

Case was rushed to South Williamson Appalachian Regional Hospital in South Williamson, Kentucky, where emergency physician Brandon Haake pronounced him dead.

Case attended Belfry High School in Belfry, Kentucky. According to the school principal, who spoke with the Williamson Daily News, Case was well liked by his fellow students.

“The young man was a senior and well liked at the school. I don’t know anyone who didn’t like Andy,” Principal Rod Varney told the Daily News.

“Any time you lose a student it’s devastating to the school. It is a difficult time for everyone,” Varney told the Daily News. “Somebody lost a child, somebody lost a friend and then we all lost a student.”

According to the U.S. Consumer Product Safety Commission, Kentucky leads the nation in the number of ATV-related fatalities. The CPSC says that 367 ATV-related deaths were reported in Kentucky in 2006 alone, and incomplete numbers for the following years show that ATV fatalities continue to escalate. Tragically, about one-third of all the reported ATV deaths in Kentucky are children.

Pennsylvania, California, West Virginia, and Texas are other states with an unusually high rate of deaths caused by ATV accidents.

SOURCE: Yamaha Rhino Rollover › Kentucky teen dies in Christmas day ATV crash

Because more than 500 lawsuits have been filed in federal courts throughout the U.S., a “bellwether” approach is being taken to manage the caseload. A group of plaintiffs will be selected to represent all of the other plaintiffs in the case. Bellwether trials are occasionally formed when large numbers of plaintiffs file suit and proceed on the same theory or claim. The verdict from these trials will be extrapolated to the other plaintiffs’ cases, and will indicate the trends in all remaining cases. The multidistrict litigation (MDL) could also lead to a settlement.

Nearly all Rhino lawsuits filed against Yamaha claim that the vehicles have design flaws and lack key safety features, both of which make the vehicles unstable, prone to roll over, and unusually dangerous. The Rhino’s narrow frame and track width and its high center of gravity have played a role in hundreds of rollovers and crashes since the vehicle’s debut in 2003. Most plaintiffs claim that the vehicles were being operated appropriately and responsibly when the accidents occurred, often on level ground and at low speed.

The first of the MDL trials is scheduled to start on October 18, 2010 and will involve a case brought by a Kentucky woman. Subsequent cases are scheduled to be heard on November 15, November 29, December 13, and January 10, 2011.

Yamaha issued a safety recall of all Rhino vehicles last spring and ordered its dealerships to stop selling all Rhino models until a series of safety upgrades could be completed on each new vehicle.

On August 27, a Texas jury cleared Yamaha in a case brought by the parents of Forrest “Eddie” Ray, a 13-year-old boy who was killed when the Rhino he was driving flipped. Although seen as a landmark trial and victory for Yamaha, the boy’s father testified that his son had been driving a modified Rhino and was not wearing a helmet at the time of the accident.

SOURCE: Yamaha Rhino Rollover › Federal Yamaha Rhino cases set for multidistrict litigation next year

According to the U.S. Consumer Product Safety Commission, Kentucky leads the nation in the number of ATV-related fatalities. Records compiled by the state and federal governments reveal a dramatic upward swing in the number of ATV deaths in recent years. For the 23-year period spanning 1982 to 2004, a total of 299 ATV deaths were reported statewide. However, in 2006 alone, 367 ATV deaths were reported in Kentucky, and incomplete numbers for the following years show that ATV fatalities continue to escalate.

Tragically, about one-third of all the reported ATV deaths in Kentucky are children. Kentucky law requires all children 16 years old and under to wear helmets while on an ATV, at all times, regardless of whether the ATV is on public or private land. For adults, helmet use is optional. Unfortunately, many parents continue to disregard the helmet law and seat restraints, which effectively make a deadly machine even deadlier in the event of a collision or rollover.

Counties in Kentucky reporting the most deaths are Pike, Breathitt, Floyd, Harlan, Letcher, Clay, Leslie, Pulaski, Bell, Laurel, Perry, Trigg and Whitley.

Also topping the CPSC’s list of states with the most ATV deaths were California, Texas, Pennsylvania, and West Virginia. ATV accidents are almost always higher in rural areas, where off-roading can be a way of life, whether for farm work, recreation, rural transportation, or all three.

SOURCE: Yamaha Rhino Rollover › Kentucky leads the nation in number of ATV deaths

Jurors deliberated for about 2 hours before reaching their verdict.

During the trial, Mike Burleson, who works for System Engineering & Laboratories, testified on behalf of the plaintiffs. The engineering expert said that the Rhino’s narrow stance, high center of gravity, stiff suspension, and other characteristics amounted to problems with its lateral stability, meaning that it is prone to roll over even at speeds lower than 12 mph.

Many ATV enthusiasts applauded the jury’s decision, saying that it sets a precedent in Yamaha’s favor. But does it? Approximately 500 lawsuits have been brought against Yamaha by Rhino victims and their family members. The number of federal and state lawsuits continues to climb.

The case may not set a precedent for all Rhino lawsuits, but it may set a precedent for similar Rhino lawsuits – those that involve child drivers, especially if the children weren’t wearing safety helmets or seat belts. In such cases, Yamaha’s defense will undoubtedly have an easier time blaming operator error and perhaps the oversight of the parents.

Eddie Ray’s father, Johnny Ray, told the court that his son had years of experience riding ATVs and dirt bikes.

“If I’d thought it was dangerous, I’d have put a helmet on him,” he told the court. “I figured it was like a golf cart, the same thing I drove as a kid. Buckle up and it will keep you safe in there. I didn’t think I would be putting my son in danger,” Ray testified.

Eddie Ray’s tragic death will likely underscore how important it is for parents to take every possible precaution when allowing children to drive or ride in ATVs, especially ones known to have instability problems.

Basic physical restrictions should be followed, including wearing helmets and safety restraints, allowing minors to drive age-appropriate ATVs only, and staying off of paved roads. Additionally, some safety advocates recommend that parents also gauge their child’s intellectual and emotional maturity before allowing him or her to drive an ATV.

Even with all the safety measures taken, it’s still important for parents to realize that ATVs can still roll over, behave unpredictably or fail to keep occupants safe, even when driven responsibly.

For a guide to child safety and ATVs, click here.

SOURCE: Yamaha Rhino Rollover › Texas jury clears Yamaha in Rhino rollover case

An attorney for the plaintiffs told the jury that the company chose to put profits over people when it made the Rhino, a vehicle he described as a cross between a golf cart and an all-terrain vehicle.

“Yamaha knew for years it was a defective design and would roll over and kill people,” he told the courtroom. He also described the design flaws that many critics say make the vehicles unstable, namely their narrow track width, disproportionate height, and lack of a rear differential.

“It’s too small and too narrow and goes too fast to be safe,” he said.

Yamaha’s lawyers vigorously defended the Rhino, saying that they are safe when handled properly.

“Accidents and injuries occur because of the operator’s unsafe conduct,” one of Yamaha’s attorneys said in a sweeping statement that contradicted a body of evidence that shows Rhinos can easily roll over even when driven at low speeds and on flat terrain.

The Rhino’s propensity to roll over first came to light in July of 2002, when the vehicle was in its prototype stage and being test driven by Yamaha executives. That was when a Yamaha vice president injured his foot when the Rhino he was driving with a colleague rolled over. Company minutes obtained by CBS News showed that Keisuke “Casey” Yoshida, the President of Yamaha’s U.S. operations, requested an “update on instability of vehicle for future liability cases.”

Earlier this month, the Consumer Products Safety Commission issued a special advisory urging the owners of Rhinos and other all-terrain vehicles to exercise extreme caution while driving them this summer.

In March, the CPSC said it was investigating about 50 incidents involving the Yamaha Rhino, including 46 driver and passenger deaths. The announcement was made at the same time the agency issued a recall notice of all Yamaha models.

SOURCE: Yamaha Rhino Rollover › Jurors in first Rhino rollover case hear accusations against Yamaha

Forest “Eddie” Ray was killed on September 13, 2007 while operating a Yamaha Rhino near his home in Orange County, Texas, about 50 miles southeast of Houston. School was closed for the day as Hurricane Humberto approached the area, giving Ray some free time to enjoy the family ATV.

Reports say that Ray tried to maneuver the Rhino from grass onto a paved road when the rollover occurred. Ray sustained a fatal head injury when the vehicle rolled over onto him, crushing his head. His parents allege in the lawsuit that Yamaha made and marketed a product they knew to be defectively designed and prone to roll over. They also accuse Yamaha of skimping on costs by not installing vital safety features.

Earlier this year, Yamaha attorneys argued that the fine print on an agreement signed by the plaintiffs at their Yamaha dealership precluded the plantiffs’ right to take their grievances to trial. Court documents showed that the plaintiffs’ finance agreement from the dealership contained an arbitration clause.

The court denied Yamaha’s motion to force arbitration on June 30. An appeal was rejected on July 16. The trial opened on August 17 in the 163rd Judicial Court in Orange County, Texas before a jury of eight men and five women.

SOURCE: Yamaha Rhino Rollover › First Yamaha Rhino lawsuit goes to trial

The boy’s parents filed the wrongful death lawsuit against Yamaha and its subsidiaries on November 5, 2007, alleging that the Rhino’s poor design and inadequate safety features directly contributed to their son’s death. The Rhino is notorious for its narrow track width and wheels, which, combined with its high center of gravity, make the vehicle unstable and prone to roll over.

Engineers gave the Rhino a narrow gait so that it would fit in the back of a standard pickup truck. That convenience feature, however, has translated into a safety hazard that has caused dozens of deaths and hundreds of serious injuries since the Rhino was first introduced in the U.S. in 2003. According to the CPSC, many Rhino rollovers “appear to involve turns at relatively low speeds and on level terrain.” The plaintiffs’ son died from the fatal injuries he received when the Rhino he was in rolled over.

Yamaha had hoped the fine print on an agreement signed by the plaintiffs when they bought the Rhino at a dealership would prevent the case from going to trial.

Court documents show that the plaintiff’s finance agreement from the dealership contained an arbitration clause.

However, because the company did not file a motion to compel arbitration until June 1, the plaintiffs successfully argued that Yamaha had waived its right to arbitration and therefore invoked the judicial process.

The court denied Yamaha’s motion to force arbitration on June 30. An appeal was rejected on July 16. The trial is currently scheduled to begin on August 17 of this year in the 163rd Judicial Court in Orange County, Texas.

SOURCE: Yamaha Rhino Rollover › Yamaha loses fight to force arbitration in Texas lawsuit

According to the lawsuit, the rollover occurred on “relatively flat terrain.” The vehicle tipped over on the passenger side where the plaintiff was seated.

Like many other lawsuits pending against Yamaha in the Unites States, the suit filed in Texarkana claims that the Rhino “was placed in the stream of commerce in a defective condition, unreasonably dangerous to the users thereof, and not fit for its intended use and reasonably foreseeable purposes.”

The suit also claims that warnings and operating instructions for the Rhino were negligently inadequate.

The plaintiff seeks damages for health care expenses, physical pain and suffering, mental anguish, physical disability and impairment, disfigurement, lost wages, loss of wage earning capacity, loss of consortium, loss of household services, pre- and post-judgment interest.

46 deaths and hundreds of injuries in the U.S. have been attributed to the Yamaha Rhino’s defective design and performance. The unusually high number of deaths and injuries linked to Yamaha’s signature UTV prompted the U.S. Consumer Products Safety Commission to recall the vehicles last March. Owners may take their Rhinos to their local dealership to have a series of safety improvements installed. No new vehicles are to be sold until the same upgrades have been completed.

More than 200 product liability lawsuits have been filed in U.S. courts by Rhino victims and their families.

SOURCE: Yamaha Rhino Rollover › Texas woman seeks damages for injuries sustained in Rhino rollover

Those words were written by Heidi Crow, whose 9-year-old son Jeremy Todd “J.T.” perished on June 22, 2007 when the new Yamaha Rhino 450 he was a passenger in rolled over. J.T.’s older sister Madison was driving the Rhino on at their grandparents’ property when it tipped over suddenly while traveling at a low speed.

The Rhino rolled over on its side just a quarter of a turn, but it was enough to throw J.T. from the vehicle even though he was properly belted. The boy suffered massive head and neck injuries when the Rhino’s unpadded steel roll cage pinned him to the ground, underneath a thousand pounds of weight.

Emergency personnel rushed J.T. to a hospital in Jasper, Texas where he was pronounced dead.

“The seat belt system failed to restrain him. Nor was the Rhino equipped with doors and safety netting that could have kept J.T. inside the Rhino and saved his life,” writes Heidi Crow.

In August 2007, just weeks after J.T.’s death, Yamaha began issuing safety doors and hand grips for its Rhinos as a means of reducing the number of people who are seriously injured in Rhino rollovers. The announcement, which was made in the form of a “special offer,” told Rhino owners that Yamaha would retro-fit doors and handholds free of charge.

But Yamaha still hasn’t addressed the causes for all the rollovers, which include the ATV’s high center of gravity, narrow track width and wheels, and other design flaws.

According to his mother, “J.T. was a very smart and beautiful boy. He excelled at academics and sports, but most special was his compassion for others and gift for making people feel important.”

While J.T.’s life was cut short, his family lives on to spread the word about the dangers of Yamaha Rhinos. Heidi Crow believes it is now her responsibility to “help save others from a tragic fate like J.T.’s.”

“His memory will go on, and his story will be told as long as it needs to be told to save lives,”she  says on a website devoted to his memory.

SOURCE: Yamaha Rhino Rollover › Family of boy killed in Rhino rollover establishes memorial fund

The woman filed her lawsuit in January in U.S. District Court, Eastern District of Texas, Marshall Division. According to a report in the Southeast Texas Record, her suit, like the other suits filed against Yamaha throughout the county, alleges that the “Rhino is excessively prone to tip over even at low speeds, on flat or slight grade terrain, and while conducting safe turns.”

The suit suggests that Yamaha manufactures the Rhino knowing that the ATV’s instability and lack of safety features makes it a dangerous ride for passengers. She argues that the ATV not only has a narrow track width and high center of gravity, but that its heavy, unpadded roll cage can harm passengers rather than them during a rollover incident.

The Southeast Texas Record points out that Yamaha sent letters to Yamaha owners in 2007 which instructed them to keep their arms and legs inside the vehicle in the event of a rollover. What Yamaha doesn’t explain in the letter is how passengers and their children can recall these words of advice in the middle of a terrifying rollover. Nor does it describe how passengers can defy the laws of physics during an accident, preventing limbs from exiting the ATV as it tips or tumbles.

The suit seeks damages for medical expenses, lost wages, loss of earning capacity, and pain and mental anguish. It also seeks punitive damages of an unspecified amount, alleging that Yamaha acted “in a malicious, wanton, willful, fraudulent and reckless manner evincing such an entire want of care as to raise the presumption of a conscious indifference to the consequences.”

More than 100,000 Rhinos have been sold since Yamaha started selling them in 2003.

SOURCE: Yamaha Rhino Rollover › Texas woman sues Yamaha for daughter injured in Rhino rollover

According to the paper, the suit alleges the ATV was “in a defective condition, unreasonably dangerous” and “not fit for its intended use and reasonably foreseeable purposes.” Causes of actions filed against the defendants include strict liability, negligence, and breach of warranty.

The report went on to say that though the lawsuit does not detail the Rhino’s alleged defects, recent lawsuits against Yamaha’s Rhino allege that the ATV’s center of gravity is too high, it is too top heavy and the tires too small. Further, the lawsuits state that the Rhino has a high rollover risk even while riding on flat surfaces while at low speeds.

In 2008, Yamaha upgraded the Rhino ATV to add doors and handholds, responding to concerns that drivers and passengers were extending arms and legs outside the vehicle in the event of a rollover, attempting to stabilize the vehicle. It also added a safety sticker on the dashboard warning Rhino operators and passengers not to do this.

A letter was sent to owners of earlier Rhino models advising them that doors and handholds would be installed at no charge to them. However, concerns exist that people who purchased earlier model Rhinos from individuals rather than dealers might not be aware of the safety hazards and might not know about the recommended door and handhold installation.

SOURCE: Yamaha Rhino Rollover › Unreasonably Dangerous