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I have posted before about my 10 year old daughter who was a passenger on a Yamaha Rhino, driven by an adult on FLAT ground. The Rhino tipped over killing my daughter.
Many have said Rhinos just do not tip over on FLAT ground going at a moderate speed.
Many have said a Rhino is not intended for recreational use.
Many have said Yamaha has not been aware that they tip over.
Many have said they had doors put on for safety.
Here is my website with the results of my research. On it I will prove that Yamaha HAS know for YEARS they tip over, I will show you warnings and complaints from customers (on Yamaha's OWN letterhead) of them tipping over. A list of 150 lawsuits against Yamaha (on their OWN document). Their OWN advertisement, showing they ARE for recreational use (and high performance). Their OWN advertisement stating the purpose of the doors (not safety). And the US governments own investigation. No where could I find anything like this about any other brand side by side. My opinion is the problem is not with the side by side itself or the driver, but the way Yamaha made the Rhino.
Here it is: http://www.yamaha-rhino-information.com
Please check it out
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Again - I am sorry for your loss. But, I am thinking that all you are trying do is recruit other "victims" and build your case agains't Yamaha. You have never stated any details of the accident ( I have asked before - several times) - which would better help us Rhino owners avoid a similar accident. I have read through the stories on your web site (and others). Most deaths seem to be young teen girls and younger children. Some indicate no helmet, not wearing seatbelt and aggresive driving. I am becomming very cynical of your true intentions. Shouldn't you be suing the driver? Or the parents of the driver? Or maybe yourself for not paying attention to what your child is doing? Follow the money... Yamaha! The Rhino is what it is and people who intend to "push it" set the machines up for better saftey first. Sorry for the rant, but I am fed up with this sue happy mentality. We all pay for this!
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We were at a friends house who has 50 acres of FLAT field. He farms it. It had been harversted, very very small stubble (2-3" high) No ruts. There were about 40 people or so there, (bon fire & hot dog roast). We did NOT go to the friends house with the intent or invitation to "Ride". So all our saftey gear (helmets, boots, chest protector, shin guards, elbow gards, goggles) were left at home. The wife got the Rhino out to give an older gentleman a ride around the field. Gradually, a few more asked for rides. Over the hours of the afternoon, there were rides given off and on. This friend has 2 barns (one hosted the food). People were in and out of the house, the barns, and the property. Kids playing tag, horse shoes, hide & seek. There was NO drugs or booze, or beer....ZERO. Eventually a 22 year old man (who I had NEVER met) took a drive. He has a street bike and he CLAIMS to be an experienced atv rider. As I said I had never met him. He went for a drive and my daughter asked him for a ride. She did NOT ask my permission, I was in another part of the property when this seemingly small event happened. The driver did not say, which ones are your parents? Check with them..... The Rhino owner was not monitering who was riding with who. He took her for a ride, he was going about 10 - 15 mph, made a sweapng right hand turn, it started to flip ON him, he cut the wheel back to other way and it went from being on the left 2 wheels, to tipping the other way on the right 2 wheels. Somehow the roll bar landed on her head crushing her skull. She lived on life support for 24 hours. I know there are selfish sue happy people out there. My wife and I and not either one of those. (Since she was literally brain dead, the hospital people approached us about organ donation, as hard as it was we agreed. Now THREE kids are alive because of my daughter.)
The witnesses say she had a seat belt on, the driver says she did not. I do not know.....I do not the police came, made reports and grilled him (I was on my way to the hospital.) He told the police she did not have a seat belt on (remember he was looking down the barrel of a gun). The police, accicdent reconstruction speciialests, proscuting attorney, and grand jury all reached the same conclusion. There was NO RECKLESSNESS on his part. There many indivdules who played a part in bringing this tradigty about. People have aske me why I was not watching her. Have you ever been to a large picnic? Do you watch you kids 100% of the time? Every second? When you go to a friends house do you check the food before your kids eat it to make sure it is not bad? You have a measure of trust that your friend will not let something happen to you while you are at their house.
There are the details. The long and the short, the good and the bad.
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For one she didn't have a seatbelt on and two no helmet. Both are listed in the operation manual and it is DRIVERS responsibility to make aware the manuals information, much like a amusement park ride operator. I was suspended in the air by my seatbelt after two full rolls, my passenger who is about 230 lbs had the seatbelt fail but still held him in by the lap, both uninjured other than the aftermarket windshield and mirror. Based on your description the same thing could have happened in a truck or SUV at or near the same rate of speed.
Accidents happen and unfortunately it was a sad loss. We all feel for you however the owner should have been more careful. at 10 -15 miles an hour a EXPERIENCED rider should have been aware of the tiping issue especially at the speed and over-correction that he had done. It was simply driver error and a small hump in the dirt can cause a low pressure tire to "roll" and increase the chances of it tiping the vehicle, experience tells the racers to lower a tire profile to prevent this however these was designed for off-road terrain therefor a low-profile would damage rims.
Again, there is negligence on many accidents but the manufacture seldom is to blame unless a product routinely fails. There is a reason these was designed with a cage, seatbelts and a governor in the CDI along with many warning stickers and a manual to go along with it. Why it is not illegal for children not to have helmets in them still along with it not required on private land still baffles me, but there is also that lawyer that pushes our bill of rights against our governments ability to look after the "stupid people"
It is always hard to overcome a loss of yours without wanting to point it at the manufacture of the "damn vehicle" or something. However, always understand accidents happen due to neglect to prevent and some things cannot be prevented.
Are we camping yet?
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I have no positive answer on the seatbelt, three witnesses said she had one on, the drive when being questioned by police said she did not. Her personality was a real alertness to saftey. She always reminded us in the car.....buckle up.
These people had their seat belt on when the Rhino killed them: http://www.simplesite.com/DaniBernard/6049781
http://www.jtcrow.net/
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I hate to hear of anyone becoming injured or a death occuring from any incident especially a child that parents are responsible for. You can't blame the manufacture since you as a parent can read the warnings before your child is placed within the "zone". I don't like to discuss these issues either since I think people cause accidents and we need to place blame correctly if at all. I have a woodworking business and watching idiots with power tools including hand tools have proved to me people don't read and absorb the info that others have failed and put in writting as a safety manual.
Neither of the stories mention how or why the rhino rolled. A atv does not suddenly "roll over" without the driver doing something that would be listed in a manual of possibly happening.
Again, I hate hearing about any loss. It would be easy to place a blame with todays lawyers overpopulated and fighting for a stake in the claim. I do feel that as a consumer we need to place our own liability on things we do and understand every minute is a dangerous one and not one of us is safe. MANY TAKE LIFE FOR GRANTED.
Are we camping yet?
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Thanks John - I appreciate your response. I can not relate to the pain you must be feeling - I have never lost a child. I hope you and yours will find peace. As parents all we can do is our best to teach a child to be safe and not put themselves in a situation that is dangerous... that is not always enough. We can not always be there.
I will stand by my belief that Side by Sides are not the problem. Any motorized vehicle is dangerous, these are no exception.
"went for a ride in a 2007 Yamaha Rhino 450. While riding at a slow speed, the ATV suddenly rolled over. Though young J.T. was wearing a safety belt, he was thrown from the Rhino and then pinned beneath the half-ton vehicle as it rolled over. Though young J.T. was wearing a safety belt, he was thrown from the Rhino and then pinned beneath the half-ton vehicle as it rolled over."
As a Rhino owner that pushes it (not as much as the guys I ride with ) I am not buying statements like this. They try to have us believe the Rhino just tipped over. I do not drive my 4WD pickup like I would my wife's Mustang As for the safety belts, everyone that ownes a car has seen the laws evolve on child restraints. Your start out with a car seat and then need to move them up to a booster seat until they are ?? years old (not sure of the latest age). How is a Rhino any different? When my grandson rides with me he is in a car seat and wears a helmet - AND - knowing I have a small child on board I take it easy! It seems to be common sense.
As Fasttrax said "many warning stickers and a manual to go along with it." What more is a manufacture supposed to do? I am sure many of you have seen some of the silly warning labels attached to some products " do not iron shirt while wearing it" or similar. SOMEONE MUST HAVE TRIED THIS Are we that screwed up as a society that we can not take responsibility for our actions and have to lay blame rather that accept our own stupid behavior. Follow the money :evil:
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LIKE EVERYONE HAS SAID, WE ARE SORRY FOR YOUR LOSS, BUT IF YOU WANT TO BLAME SOMEONE GO AFTER THE DRIVER OR THE OWNER. BESIDES THAT WHO WOULD ALLOWS A 10 YEAR OLD GIRL TO RIDE WITH A 22 YEAR OLD BOY THEY DIDN'T KNOW. I KNOW YOU CAN'T ALWAYS WATCH YOUR KIDS. YOU SAID THE DRIVER WAS AN EXPERIENCED STREET BIKE RIDER. DOESN'T RELATE. TWO COMPLETELY DIFFERENT THINGS. HE WAS 22 YEARS OLD. OKAY MAYBE IT IS JUST ME, BUT A 22 YEAR OLD BOY THAT RIDES STREET BIKES GETS IN A RHINO & AFTER A FEW MINUTES IS AN EXPERT. I DON'T THINK SO. I HAVE BEEN ON DIRT BIKES SINCE 1970 , I USED TO RACE 3 WHEELERS & I STILL RIDE MY 450 YFZ QUAD. I HAVE HAD MY RHINO FOR ALMOST 2 YEARS & I AM NO EXPERT, BUT I HAVE NEVER TURNED MINE OVER OR EVEN FELT TIPPY. THE RHINOS ARE WAY DIFFERENT FROM A QUAD OR A MOTORCYCLE. 10 TO 15 MPH & MAKE A QUICK TURN, YES IT WILL PROBABLY GO OVER.
2007 SPORT EDITION RHINO
MEMBER JRE MOTORSPORTS, M4SX / DIRT ALLIANCE & PLANETSIDEXSIDE
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LIKE EVERYONE HAS SAID, WE ARE SORRY FOR YOUR LOSS, BUT IF YOU WANT TO BLAME SOMEONE GO AFTER THE DRIVER OR THE OWNER. BESIDES THAT WHO WOULD ALLOWS A 10 YEAR OLD GIRL TO RIDE WITH A 22 YEAR OLD BOY THEY DIDN'T KNOW. I KNOW YOU CAN'T ALWAYS WATCH YOUR KIDS. YOU SAID THE DRIVER WAS AN EXPERIENCED STREET BIKE RIDER. DOESN'T RELATE. TWO COMPLETELY DIFFERENT THINGS. HE WAS 22 YEARS OLD. OKAY MAYBE IT IS JUST ME, BUT A 22 YEAR OLD BOY THAT RIDES STREET BIKES GETS IN A RHINO & AFTER A FEW MINUTES IS AN EXPERT. I DON'T THINK SO. I HAVE BEEN ON DIRT BIKES SINCE 1970 , I USED TO RACE 3 WHEELERS & I STILL RIDE MY 450 YFZ QUAD. I HAVE HAD MY RHINO FOR ALMOST 2 YEARS & I AM NO EXPERT, BUT I HAVE NEVER TURNED MINE OVER OR EVEN FELT TIPPY. THE RHINOS ARE WAY DIFFERENT FROM A QUAD OR A MOTORCYCLE. 10 TO 15 MPH & MAKE A QUICK TURN, YES IT WILL PROBABLY GO OVER.
The driver too IS named in the suit. The things I said about him (his experience etc) I was just giving factual information about him since I was asked of the facts. My words were "He has a street bike and he CLAIMS to be an experienced atv rider" The reason I put "claims" in capital letters is because I do not know.....that is his claim. I cannot swear how good, how experienced, or how truthful.
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When someone tell's you that they are experienced in ATV's that dosn't mean they know how to drive a Rhino. The ATV is way different from a UTV. They both drive and ride totally differnt. So the question should alway's be, have you ever driven a utv? and if no, give them the low down on driving. and if yes, how experianced are you. Then go from there.
Me personally I don't like having passagers with incase there was a mishap. I wouldn't want to be the one to have to live with myself if something like that would happen.
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Like all the others have said, we are really sorry for your loss. But i also agree with all the others that Yamaha should NOT be held liable for the roll overs. I have rolled mine once and almost one other time. both times was because of doing something the rhino was not intended to do. like power sliding on wet grass... with low tire pressure.. not a good idea...
When are we as people going to start taking responsibilty for ourselves instead of blaming someone else.... like i always heard and repeated... guns dont kill anyone, someone has to load it and pull the trigger.... and no we did not make you smoke, that was your decision. and we did not make you drink that beer either...
if someone gets run over with a car on the sidewalk by a normal age perfect driver, do we sue the car manafacture becasue it was able to drive over a person????
06 SE Rhino Hunterworks TriFire CDI 4000lb Venom Winch J Strong Roof with Stereo & Lights J Strong Doors & Folding Windshield ITP 26 Mudlites & Rims Highlifter Lift HW spacers
Bad A** 00 F-350
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Plain and simple: As parents we are responsible for our children. I have 2 boys 15 and 12. Ever since we have had atvs, (about 10 years) it has been drilled in thier heads they are not to even sit on an atv/utv without a helmet on, must less ride on one. They know if there's no helmet then there's no ride, NO EXCEPTIONS!! WE are responsible for our own actions...so don't point fingers!
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Plain and simple: As parents we are responsible for our children. I have 2 boys 15 and 12. Ever since we have had atvs, (about 10 years) it has been drilled in thier heads they are not to even sit on an atv/utv without a helmet on, must less ride on one. They know if there's no helmet then there's no ride, NO EXCEPTIONS!! WE are responsible for our own actions...so don't point fingers!
You are completely right, I have see to many kids way under 16 and even 10 year old's running around with these machines without adult supervision driving like they stole the machine, If this continues they will make more laws and may also ban these machines so no one can use them, That is just a fact people :!: :!:
2003 Ford F350 Superduty FX4 Lariat, Banks Kit.
2003 Rampage 365 Toy Hauler.
2005 Ranger Xp, Sp belt, EPI Clutch Kit, Sp Ecu.
2001 Honda XR650R With Go Fast Kit.
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This is going to seem harsh but YOU are the one pushing this issue so I'm giving you MY take based on your own telling of the incident.
... We did NOT go to the friends house with the intent or invitation to "Ride". So all our saftey gear (helmets, boots, chest protector, shin guards, elbow gards, goggles) were left at home...So, by your own admission, you were not invited to ride and came unprepared to do so. ...The wife got the Rhino out...So SHE is the person who ultimately supplied the vehicle involved in the accident. Is she named in your lawsuit as a defendant? ... She did NOT ask my permission, This is NOT Yamaha's fault ... The Rhino owner was not monitering who was riding with who. It's not the owner's responsibility to keep track of YOUR children ... he was going about 10 - 15 mph, made a sweapng right hand turn, it started to flip ON him, he cut the wheel back to other way and it went from being on the left 2 wheels, to tipping the other way on the right 2 wheels.... There was NO RECKLESSNESS on his part....The simple fact that it "reportedly" went from the left 2 wheels onto, and beyond, the right 2 wheels implies that there was recklessness. I don't care what the accident reconstructionists say.... There many indivdules who played a part in bringing this tradigty about....Not one of which was Yamaha. quote]
I am truly sorry for your loss but you need to simply man up and accept that this was a combination of poor decisions that resulted in an accident. Lots of things could have been done to prevent this but the large majority of them are in your hands. If the Rhino had actually failed (throttle stuck, frame broke in half, ROPS did not maintain integrity) then I could see Yamaha possibly being at fault...that's simply not the case here. I'm not too sure it's legal for you to use the logo of the other forums on your website either. May want to look into that before a lawsuit comes your way.
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If there wasn't a utv I wouldn't be able to enjoy taking my 3 year old son out to the dunes. He has downs syndorme and may not ever be able to ride his own quad to go on trail rides or just driving around the lake with our friends. I think about what could happen to me when I ride my quad or jump in the rhino. I sold my street bike because i could be doing everything right and still get hit by someone not paying attention but when i am in that rhino I am responsible for my kid. I can' t imagine going through something like that but i have been throught some things with my kids like i stated. We all nedd to be accountable for our own actions.
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