On August 16, 2008, eight-year-old Joe Smith climbed into the passenger seat of a Yamaha Rhino for a drive across his grandmother’s property.  When his older sister, who was driving the Rhino at a slow and steady speed, turned the vehicle around, it began to tip.  And before anyone knew what was happening, the Rhino rolled over on top of Joe, pinned him to the ground, and crushed him to death.

            This is not an isolated scene.  Rhino rollovers have resulted in 59 deaths since Yamaha introduced the vehicle six years ago.  These injuries didn’t have to happen.

            The Rhino is one of a new class of vehicles, called side-by-side (SxS) vehicles, that have evolved from the popular all-terrain vehicle, or ATV.  ATVs were originally developed in the 1970’s as a fun sporting vehicle for hunters and outdoor enthusiasts.  The original ATV design required riders to straddle the vehicle and steer with a handlebar, similar to steering a motorcycle.

            At first, ATVs had only three wheels, but safety issues soon forced manufacturers to develop the four-wheel version.  The ATV market grew as more consumers looked for an exciting recreational vehicle suitable for all kinds of outdoor excursions.

        The SxS is the newest version.  As baby boomers grow older, companies like Yamaha knew they had to appeal to their original target market or risk losing an entire demographic.  The answer, they decided, was a more comfortable ride that still provided the thrill and out-doorsy feeling of the standard ATV.  Enter the Rhino.

            First introduced to American markets in 2003, the Rhino is a golf cart on steroids, capable of speeds in excess of 40 mph.  It immediately established itself alongside the Polaris Ranger, the Kawasaki Mule, and other SxS vehicles.

            While ATV riders have to straddle the vehicle and use handlebar steering, the Rhino provides a more comfortable, easier ride.  The Rhino boasts a golf-cart-style chassis, including two side-by-side bucket seats.  This configuration allows a less-agile driver to get into the vehicle easily, without having to climb on top of it.

            Yamaha intentionally designed the vehicle to be narrower than its competitors so it could fit in the bed of a pickup truck for easy portability.  With a track width of only 54 inches, the Rhino could easily be taken out to trails or dunes for a ride.

            Once on these trails, however, that narrow track width was no longer a positive attribute.  Combined with the Rhino’s high center of gravity, the narrow track width made for a top-heavy vehicle that would flip over even when turning at a slow, steady pace.  The resulting rollover is almost always what’s called a quarter-roll crash, when the vehicle rolls over about 90 degrees from a standing position and lands on its side.

            With the introduction of this top heavy Rhino, injuries began popping up immediately.  In 2003, a Yamaha employee was hurt while unloading some of the first Rhinos from the delivery truck when the Rhino he was driving rolled over during a slow maneuver.  The same month, a Yamaha dealer employee experienced a similar rollover and the dealer voiced concerns about the Rhino’s stability.

            In most cases, when the Rhino begins to roll over, the occupant sticks a leg out in an attempt to steady the vehicle.  Consequently, the typical injury caused by a Rhino quarter-roll crash is a compound fracture or crushing of the tibia and fibula.  Jean-Claude Oliver, the president of Yamaha France, sustained a leg injury while riding a Rhino on flat terrain.  Because the Rhino has no doors, there is nothing to prevent the driver’s or passenger’s leg from straying outside the occupant compartment, where it is crushed between the vehicle and the ground.  Other common injuries are crushed or broken arms and hands.  Some rollovers have resulted in amputation of an arm or leg, as well as brain injuries.  In worst cases, Rhinos have pinned victims to the ground, crushing them to death.

            In September 2006, Yamaha issued a notice to Rhino owners, warning that some Rhinos had rolled over when being driven on uneven terrain or while making sharp turns.  The company sent warning stickers to owners encouraging riders to keep legs and arms inside the vehicle but not all owners were contacted and rollovers continued to happen.  Yamaha then offered a free upgrade in 2007 which included installation of half-doors but this notification did not reach all owners and some owners were told the doors were out of stock when they called.

            The half-doors are only one step Yamaha could have taken to fix the Rhino.  Consideration should have been given to side netting, widening the base or lowering the center of gravity.  In addition, a differential instead of an anti-sway bar would have helped prevent the raising of back outside wheels during turns.  Rhinos fall into a largely unregulated category of motorized vehicles.  They are not low speed vehicles (LSV), they are not cars, and they are not ATVs.  Because of this, the Rhino is not governed by rules and regulations that apply to those other vehicles.

          A multi-district litigation case has already been formed in KY for these accidents and our office would be happy to discuss potential claims for injuries resulting from a Rhino accident should you or someone you know experience one.