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Yamaha
Rhino Accidents
Recall
& Lawsuits FAQ |
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A catastrophic injury or the loss of a loved one is terrible and can be overwhelming, especially when the injury or death may have been caused by the negligence or wrongdoing of another. We hope the following information will be of assistance.
Lieff Cabraser Heimann & Bernstein, LLP, is representing over 100 individuals across America who were seriously injured and the families of loved ones who died in Yamaha Rhino accidents. On behalf of multiple clients, we have reached favorable confidential monetary settlements with Yamaha. |
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16. |
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What complaints have been made about Yamaha Rhino?
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Lawsuits filed against Yamaha Motor Corporation charge that the Yamaha Rhino contains multiple design and engineering flaws. The complaints allege that the Rhino is dangerously unstable and more prone to tipping over, even when driven on flat ground at low speeds. The complaints also allege that the Rhino is equipped with defective doors, inadequate seat belts, and a dangerous roll cage. In many accidents, occupants have been ejected from their Rhino due to its deficient seat belt system and were struck by the vehicle’s heavy, unpadded steel roll cage.
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What injuries have occurred?
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Hundreds of serious injuries have been sustained by Rhino riders in rollover accidents. 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.
Nearly 60 deaths have occurred nationwide involving the Rhino. Many of those killed have been children. While every accident involving a Rhino can pose a risk of serious injury, the injuries to children have often been more severe. Children have been thrown from Rhinos and died after the half-ton vehicle landed on top of them.
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Has Yamaha recalled the Rhino?
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No. Despite repeated rollover crashes, there has been no formal recall of the vehicle by Yamaha. Yamaha instead announced a "special offer" in 2007 and a "voluntary repair program" in 2009.
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What was Yamaha's "special offer"?
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The Rhinos manufactured by Yamaha from 2004-2007 were sold without full or half doors. In August 2007, Yamaha announced it would install half doors and a passenger handhold for Rhinos manufactured from 2004 through 2007. For the 2008 Rhino, Yamaha added the half doors and handhold as standard equipment.

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What is Yamaha’s "voluntary repair program"?
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In an effort to improve the handling of the Rhino 450, 660 and 700 models, Yamaha announced in March 2009 that it would install a spacer on the rear wheels and remove the vehicle's rear anti-sway bar. Rhino owners were instructed not to use the vehicle pending the repairs. Rhino owners should contact a local Yamaha dealership for details on Yamaha’s repair program.
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Has Yamaha acknowledged legal responsibility to persons injured in Rhino accidents?
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No. Many of the injuries and fatalities in Rhino accidents would never have occurred if Yamaha had incorporated readily available safety features in the original design of the Rhino. Yamaha must recognize its responsibility to provide compensation to injured Rhino riders, including reimbursement for their medical expenses.
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What information on the safe use of the Rhino has Yamaha provided?
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In the Rhino owner's manual, Yamaha lists multiple safety measures drivers and passengers should take. Yamaha has also issued an on-product
warning label that recognizes the risk of rollover and crushing injuries with the Rhino, even on flat open surfaces, during quick maneuvers or tight turns.
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I was injured in a Yamaha Rhino accident. How quickly must I hire an attorney?
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If you or your loved one have just been in 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.
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What are my legal rights after an accident or injury?
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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.
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Will I have to pay a fee for your review of my case?
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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.
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How long will my case take?
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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, Lieff Cabraser works swiftly 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.
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How do I select an attorney to represent me?
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You should seek a lawyer who has substantial experience in successfully handling similar cases. It is important to not only verify the reputation and experience of the law firm as a whole, but to be sure that your case will be handled by individuals with appropriate experience. Finally, in suits involving defective vehicles, a case can be expensive to litigate and typically requires the hiring of experts to assist your case. You should choose a law firm with substantial financial resources to conduct the case through trial and appeal if necessary.
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What recovery will I receive?
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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 misconduct was egregious, you may also be entitled to an award of punitive damages in certain states.
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Do I need a lawyer? Why don't I just contact Yamaha and work it out with its insurance company?
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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.
Only established firms like Lieff Cabraser have the staying power to investigate these complex cases thoroughly, and to send a message to the defendants that they will not be able to escape the power of the courts to impose damages for their misconduct.
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How will you handle my case?
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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 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. You will be assigned an individual attorney who will keep you regularly informed as to the status of your case. At the same time, our attorneys work as a team, sharing evidence and following a strategic plan for the Yamaha Rhino litigation.
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Should I keep the Rhino that caused my injury?
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Yes. The Rhino is evidence that must be preserved. If you have sold it, or it belongs to a friend or employer, we may try to locate it so that your case can be successfully pursued.
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About Lieff Cabraser |
Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is
an over fifty attorney law firm with offices in San Francisco, New
York and Nashville. For the last seven years, the National Law Journal has recognized Lieff Cabraser as one of the top plaintiff law firms
in America. |
To learn more about the advantages our lawyers offer clients in
personal injury and wrongful death cases, click here. |
Copyright © 2009 Lieff Cabraser Heimann & Bernstein,
LLP |
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TRADEMARK NOTICE: "Yamaha" is
a trademark of Yamaha Motor Company. Lieff Cabraser is in no way
affiliated with Yamaha Motor Company. The use of this mark is solely
for informational and product identification purposes. *Rhino vehicle
photos copyright Yamaha Motor Company. Photos not used for commercial
purposes. Photos are used solely to demonstrate that new Rhino
is equipped with doors, while Rhinos sold previously were not. |
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