Whether an ATV, UTV or ROV, a Yamaha Rhino accident can be deadly
Millions of Americans enjoy the rugged thrills of riding the little go-getters known as ATVs. But if you’re one of them, do you know what you drive? Is it an ATV — an all terrain vehicle – or perhaps a UTV, a utility terrain vehicle? And do you have legal protection if such a vehicle fails you and causes an injury?
While ATV is an umbrella term for the small off-road recreational vehicles whose sales have topped seven million units, Yamaha would rather call its Rhino a UTV.
Why? Because designating the Rhino differently relieves Yamaha from federal safety standards applied to ATVs. And because muddying the waters with rotating terms confuses regulators with the United States Consumer Product Safety Commission.
And why would Yamaha want to do that? Because the Yamaha Rhino ATV — oops, UTV — is one of the most dangerous such vehicles sold, with many cases of deadly rollovers. Dozens of deaths have been attributed to the Yamaha Rhino’s unsafe design, and Yamaha faces a growing tide of legal liability.
When the game goes against you, you change the game rules — or in this case, the game’s terminology. So now it’s UTV and not ATV for the Yamaha Rhino. Or perhaps it’s ROV, or recreational off-highway vehicle, a term Yamaha also likes to use via a trade association it helped establish. Yes, Yamaha’s name game seems to have no end.
Having caused enormous suffering with its negligent designs, Yamaha must figure that if it spins various names, terminologies, definitions and standards long enough, it can confuse the issue and prevail in court. The message seems to be: Don’t call our Rhino a dangerous ATV. Call it a UTV — or an ROV. Then the game changes.
If you or a family member has been a victim of a Yamaha Rhino accident, don’t let such name-changing and game-playing undercut your case. A Yamaha Rhino accident lawyer with Jim S. Adler & Associates has the skill and experience to tackle such personal injury cases with firmness and resolve, and can gain financial compensation for your medical bills, lost wages and pain and suffering.
Regardless of what term Yamaha tries to apply, an Adler attorney knows what to do. Whether called a Yamaha Rhino UTV accident lawyer, a Yamaha Rhino ATV accident lawyer or a Yamaha Rhino ROV accident lawyer, an Adler attorney can seek justice for you.
Call 1-800-505-1414 or fill out our online form for a free case review. And in this case, free means free.
At Yamaha, where things aren’t so clearly defined, design modifications have been made to the Rhino — modifications which easily can be interpreted as a response to its design deficiencies. Nonetheless, the Rhino remains what it is: a two-seater off-road vehicle which costs around $11,000 and last year helped Yamaha Motor Co. Ltd. rake in $624 million of net income.
Just don’t call it an ATV, because that wouldn’t suit Yamaha. By designating the Rhino as a UTV — a new type of off-road vehicle –Yamaha faces no regulatory standards yet from the CPSC. In fact, UTV owners don’t even have to register their vehicles, unlike ATV owners.
But amid all the claims, blames and name games, let’s get one thing straight: The design differences between an ATV and a UTV are small. In fact, they’re almost inconsequential. An ATV has handlebars. A UTV has a steering wheel. How different — yet they still tip over.
You know, some cars have two-wheel drives while others have four-wheel drives, but they’re still all called cars. And besides, whether it’s dubbed a UTV, ROV or ATV, each off-road vehicle does essentially the same thing: carries you over bumpy tracks and trails for the fun of it all — the “fun,” at least, until tragedy strikes.
Though Yamaha has modified the Rhino with side doors, seat belts and a roll cage, such newer vehicles have not proven to be fully safe. Their narrow wheel base and top-heavy design still make Rhinos prone to deadly rollovers.
This dangerous design is simply a way to sell more vehicles. The Rhino is more narrow than almost all other ATVs, UTVs or whatever you want to call them, so it can be marketed for fitting onto the bed of a pickup truck for transport to an off-road site. The convenience! Yes — and the dangers.
Meanwhile, thousands of unsafe earlier models of Yamaha Rhinos remain in the hands of unsuspecting owners whose luck hasn’t run out yet. These vehicles, too, are subject to tipping or rolling over, perhaps on top of occupants, who can be pinned beneath an 1,100-pound weight.
According to a recent front-page report in the Wall Street Journal, Yamaha blames drivers and riders, as if it has done nothing wrong. For instance, Yamaha says drivers or riders shouldn’t stick out their arms or legs as a protective impulse when the vehicle tips over, a move which can lead to broken or crushed limbs.
But what does Yamaha expect? Self-protection is a natural human response to danger, even if it’s impossible to fully brace yourself with an arm or leg when an 1,100-pound vehicle rolls over. This isn’t the driver or passenger’s fault — it’s the vehicle’s fault.
Again, it’s in the manufacturer’s best interests to confuse the issue by assigning blame, changing terminology and avoiding government regulatory standards. Those are big tasks, but Yamaha is busy fulfilling them. In fact, though Yamaha has done a poor job of protecting its customers’ physical well being, when it comes to deflecting legal claims, it’s downright dedicated to protection — its own — like some fierce corporate mother hen. The only problem is, its customers aren’t considered part of its flock.
But let’s clear the air and assure you of where you stand. If you own a Yamaha Rhino, you own a dangerous vehicle, and that’s that. And whether it’s called an ATV, UTV or ROV, you could be DOA after a Yamaha Rhino accident.
With any unsafe outcome, let a Yamaha Rhino accident attorney with Jim S. Adler & Associates help you get the post-accident protection you deserve. There will be no changing names or shifting terms, just effective, efficient, straight-ahead legal help. Yamaha may not have acted in your best interests, but an Adler Yamaha Rhino accident lawyer certainly will do so.
UTV? That’s a “useless terminology veer,” because a case is still a case. And if you were harmed by a Yamaha Rhino, chances are you’ve got one.
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Comments
Excellent article. My son (35 years old)was a Rhino victim. With a wife and 2 small children, $400,000 in med bills, some permanent disability, permanent disfigurement, 5 surgeries, loss of job, loss of insurance, constant pain,can’t stand for more than 3 hours, out of work for 16 months. We were the lucky ones, he is alive. Even though the UTV/ROV/ATV is not regulated you should read the CPSC regulations sec 37 and sec 15. According to my understanding Yamaha is required to report deaths and injuries if you are aware of 3 or more incidents to thr CPSC
While the losses discussed here are tragic, they aren’t exclusive to the ATV/UTV industry. Riding lawn mowers, tractors and even cars and Jeeps have similar problems. When I was 16 I was nearly killed in a riding mower roll over while mowing on an incline. At the age of 45 I had a very close call with a compact tractor when the tractor suddenly and unexpectedly tipped over while lifting a load with the front end loader. I was nearly crushed under roll over protection bar. Years ago a friend was killed when his car rolled and the B pillar crushed his head. ATV’s attract children and adults alike. Unfortunately, the lack of knowledge, judgment and sometimes simple misfortune can and does result in tragedy. Machines of all types can cause serious injury. What the industry truly needs is a mandatory education program which demonstrates exactly how these accidents can happen.
I agree with Jerry. People have to take their own responsibility for operating anything. There are alot of dangerous things out there and accidents happen, many times from operator error. I hate when lawyers jump on this band wagon ($$$) and they know dang well it’s no different than bikes, quads, motorcycles, skateboards, scooters, suvs, knives, guns, tractors, handgliders, airplanes, on and on. You should be able to buy about anything you want, then you are responsible. Use ALOT of caution on anything! If you feel something is unsafe, stay off.
I applaud your article. My husband was the one who contacted Chris Conkey of the WSJ to share all the information we have gathered on the dangers of the Rhino. I find their name changing games DESPICABLE!!!. Our daughter was Ellie Sand a beautiful 10-yr old girl who was killed by the Yamaha Rhino when it tipped over on the passenger side w/her belted in. We will stop at nothing to get this machine redesigned. We got FRONT PAGE WSJ, look for a Good Morning America Program coming soon. Please continue to use your expertise to stop this madness. You might want to check out my husband’s website http://www. yamaha-rhino-information.com Thanks