In January of 2008, the Los Angeles Times published an article entitled “Kicking Up Sand in Side-By-Sides” highlighting the growing popularity of “side-by-side” all terrain vehicles (ATVs). http://www.latimes.com/entertainment/la-gd-cover10jan10,0,5333773.story?coll=la-headlines-calendar. The article describes the side-by-side ATV as resembling a “tricked- out golf cart.” However, side-by-side ATVs may be purchased with 700 cc engines, and are capable of reaching speeds of up to 40 miles per hour; some ATV enthusiasts modify their ATVs to further increase the engine power and top speed of their vehicles.

 

The side-by-side was originally designed for farmers, who needed to haul hay and feed to their animals. Eventually, other manufacturers began to adopt the side-by-side format, and the vehicles were used by the military as a means of transport. The side-by-side format is increasing in popularity; the article notes that “Now you can't visit any of California's off-road recreational areas on a weekend and not see a side-by-side with a pirate flag flying. Most are Yamaha Rhinos, a sporty model that has become the iPod of the recreational side-by-side set.” Yamaha introduced the Yamaha to the retail market in 2003 and has sold over 100,000 vehicles in the United States. Several other manufacturers have attempted to capitalize on the popularity of the side-by-side by introducing similar vehicles, such as the Honda Big Red, the Polaris Ranger RZR (Razor), the Arctic Cat Prowler, and Kawasaki’s Teryx™ and Mule, but the Rhino dominates the side-by-side ATV market.

 

The side-by-side design of the Yamaha Rhino allows the driver to carry a passenger, which sometimes leads to a false perception that they are somehow safer than single-person ATVs or “quads”. The Los Angeles Times writer notes, “The side-by-side, as you might have guessed, seats the rider and passenger next to each other, which makes it perfect for couples, friends and families.” As noted in the article, some ATV enthusiasts have modified their Rhinos to add custom seats, allowing them to carry additional passengers, including children. One family quoted in the article routinely carries their 2-1/2 old daughter in their Rhino on offroad excursions. 

 

What the Los Angeles Times article fails to mention is that the Yamaha Rhino has been involved in hundreds of rollover accidents; our group of attorneys currently represents over 100 accident cases involving the Yamaha Rhino. Most of the injuries have been crush injuries sustained when an arm or leg has been trapped under the vehicle during a tipover or rollover. Some crush injuries have been so severe as to require amputation of the injured limb. While most injuries involve limbs that have been trapped under the vehicle, we also have clients who have sustained injuries to their neck or back. Spinal cord or head injuries, including traumatic brain injuries, have also been reported.

 

Prior to 2008, the Yamaha Rhino did not come equipped with side doors or leg restraints. When the vehicle began to roll or tip over, it was a natural reaction for the driver or passenger to put a leg or foot out of the vehicle in an attempt to brace against tipping or rolling. As a result, many suffered severe foot, ankle and leg injuries.

Our clients have suffered permanent, disfiguring injuries due to accidents involving the Yamaha Rhino. We have clients who are unable to walk without experiencing extreme pain; these clients cannot run, engage in sports and have great difficulty driving due to leg or ankle injuries. Torn tendons and extensive nerve damage are common, and many of our clients have been left with deformed limbs and chronic pain.

 

We routinely see clients whose injuries have interrupted their life and interfered with their ability to work. We have clients who are unable to continue in their line of work because they are unable to stand for prolonged periods of time. Other common complaints include constant pain and numbness in the injured limb, lack of mobility, inability for women to wear high heels and men who are unable to wear hard-soled shoes due to pain.

 

Rhino rollovers have also resulted in fatalities, and most of the fatalities have involved children. Children have been fatally injured when they were thrown from the vehicle during the rollover and were subsequently crushed under the weight of the vehicle, which weighs over 1000 pounds. Children have been thrown from the Rhino in rollovers even when they were belted into the passenger seat of the Rhino.

 

While the Rhino allows for a driver and passenger to sit side-by-side in the vehicle, the Rhino was designed to fit in the bed of a standard size pick-up truck. The Rhino has been marketed as an ATV that is easily transported without having to use a cumbersome trailer. The wheel base of the Rhino was designed to be sufficiently narrow in order to fit within the bed of a pick-up truck. The narrow wheel base, combined with the height of the vehicle, makes the Rhino particularly susceptible to rolling or tipping over, even at low speeds. The article quotes Corry Weller, contributing editor for ATV Illustrated Magazine, who advises that “Side-by-sides are not quads; they have a much higher center of gravity (especially the four-seaters) and can tip and roll more easily.”

 

Weller advises side-by-side enthusiasts to follow these safety rules:

The article highlights the growing popularity of the side-by-side ATV, particularly among families. Unfortunately, the increased popularity of the Yamaha Rhino and similar side-by-side ATVs will likely result in an increase in injuries and fatalities attributable to the inherent design problems associated with this type of vehicle. A day on the dunes with family and friends may result in tragic consequences.

 

Unfortunately, we have spoken to many injured ATV enthusiasts who have waited to obtain proper medical treatment. Many have waited to seek medical care due to lack of health insurance or insufficient health insurance coverage. Your health and safety are paramount. If you have been injured in an accident involving a Yamaha Rhino, seek immediate medical attention. Any delay in proper treatment could result in a chronic and permanent injury. If you have received medical treatment but are still experiencing pain or disability, get a second opinion. Be persistent-we have a client whose initial medical treatment did not stop his wound from bleeding; ultimately, he had to be treated by a wound center because his injury simply would not heal.

 

Personal injury matters are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one have been injured in an accident involving a Yamaha Rhino or similar ATV, contact Magaña, Cathcart & McCarthy for a free evaluation of your case.