1. Has Yamaha recalled the Rhino?
No. Despite repeated rollover crashes, there has been no formal recall of the vehicle by Yamaha. However, on MARCH 25, 2008, a product safety recall was voluntarily conducted by Yamaha in cooperation with the U.S. Consumer Product Safety Commission.
2. What complaints have been made about Yamaha Rhino?
In lawsuits filed against Yamaha Motor Corporation, riders have charged that the Rhino Utility Terrain Vehicle ("UTV") contains design defects making it dangerously unstable. Even during turns at low speed, the complaints allege that the Rhino is prone to rolling over because it is top heavy, narrow, and the tires are too small.
In addition, the Rhino has an unpadded, heavy and rigid steel roll cage outlining the entire side of the occupant compartment. Once the Rhino tips over, it has been alleged that the roll cage can cause severe and sometimes fatal injuries when the rider is pinned between the ground and the roll cage or ejected from the Rhino.
3. What injuries have occurred?
Both Rhino drivers and passengers in rollover accidents have sustained serious injuries. These injuries have often included broken or crushed arms, legs, feet, and ankles. In some cases the injuries were so severe as to require amputation. Fatalities have also occurred. Many of those killed have been children. While every accident involving a Rhino can pose a risk of serious injury, when a child is riding, the injuries have often been more severe. Children have been thrown from the UTV and died after it landed on top of them.
4. What is the Yamaha "special offer"?
Rhinos manufactured by Yamaha from 2004-2007 were sold without full or half doors. In August 2007, Yamaha announced that it would install half doors and a passenger handhold for Rhinos manufactured from 2004 through 2007 free of charge. For the 2008 Rhino, Yamaha has added the half doors and handhold as standard equipment. Owners of 2004-2007 should visit a local Yamaha dealership for details.
5. Has Yamaha acknowledged legal responsibility?
No. While its retrofit program is a step in the right direction, Yamaha has not fixed the Rhino's alleged stability problems or added padding to its roll cage. Yamaha must demonstrate that it places safety as its highest priority by undertaking these modifications. Yamaha must also recognize its responsibility to provide compensation to injured Rhino riders, including reimbursement for their medical expenses.
6. What information on the safe use of the Rhino has Yamaha provided?
In Yamaha's manual for the 2007 Rhino, Yamaha lists multiple safety measures drivers and passengers should take. You can learn more on this page.
In addition, Yamaha has issued an on-product warning label for the Rhino that recognizes the risk of rollover and crushing injuries with the Rhino, even on flat open surfaces during quick maneuvers or tight turns.
7. I was injured in a Yamaha Rhino accident. How quickly must I hire an attorney?
If you or your loved one have an accident in a Yamaha Rhino, you should not feel pressured to make an immediate decision about hiring an attorney. Focusing on restoring your health or mourning the loss of loved ones should take precedence over liability issues at this difficult time. However, keep in mind that each state imposes a deadline for filing lawsuits. This deadline is known as the statute of limitations, which in certain states is one year from the date of the accident. There might also be other deadlines imposed by state law that may require action sooner than one year.
8. What are my legal rights after an accident or injury?
In most states, an injured person may bring a case for negligence, design defect and other legal claims for compensation. In wrongful death cases, close family members may bring suit.
9. Will I have to pay a fee for your review of my case?
No. We do not charge to review your case. If we decide we can represent you, we will discuss our contingent fees (calculated as a percentage of the recovery we obtain) and then provide a written contract to be agreed upon.
10. How long will my case take?
We cannot give any guarantees as to when your case will be resolved. First, we must undertake a thorough investigation of the facts of the accident. In some instances, a case will settle to our client's satisfaction shortly after it is filed, or perhaps even before. In other cases, a final resolution may take two years or more.
Rest assured, Craft Hughes Law, P.C. works diligently and efficiently to obtain the maximum compensation for our clients and to bring each case to a successful conclusion. We do not charge our clients hourly fees and earn no compensation for ourselves until you receive your recovery.
11. What recovery will I receive?
In most jurisdictions, if the defendants are found liable, you are entitled to a judgment that fully compensates you for your financial loss. If you suffered a personal injury, the defendant is responsible for paying for your medical care, both past and future, your past and future lost earnings, and an amount to compensate you for pain and suffering. Your spouse also might be entitled to an award.
If a loved one died, the recovery usually is based on the amount of economic support and services that you lost, plus, in some jurisdictions, an amount designed to compensate for your grief and mental anguish and loss of association. We have economists who specialize in evaluating these injuries and calculating the lump-sum amount to determine a monetary compensation for your loss. If the manufacturer's conduct was egregious, you may also be entitled to an award of punitive damages in certain states.
12. Do I need a lawyer? Why don't I just contact Yamaha and work it out with its insurance company?
It is usually inadvisable to try to resolve an accident case involving the loss of a limb, other severe injuries or a death on your own. An accident may involve multiple parties and questions concerning what happened, who was legally responsible, and how the matter should be resolved. Not only is a lawyer essential, but medical, accident reconstruction and design specialists are often needed. Without these experts, you may never know what really happened, or the true value of your case.
It is important to understand that Yamaha employs the services of expert lawyers that seek to avoid responsibility or at least to minimize the payments that will be made to the victims and families. In contrast, our duty is to identify all responsible parties, maximize the compensation under the law, and obtain justice for you.
13. How will you handle my case?
As our client, you possess the direction and control over the case. For example, if Yamaha should make an offer to settle the case, we will promptly inform you. We will advise you whether or not you should accept the offer based on the law and facts of your case. The decision, however, will be yours alone to make. If you agree to retain our firm, we will prosecute your case as a personal injury lawsuit; and be regularly informed as to the status of your case.
14. Should I preserve the Rhino?
Yes. The Rhino is evidence that must be preserved. If you have sold it, or if it belongs to a friend or employer, we may try to locate it so that your case can be successfully pursued.
