Yamaha Rhino Accident Claims a Third Life

(Third passenger in Rhino has died)…..Fifteen year old Amanda Gonzales was critically injured November 17, when the Yamaha Rhino she was riding in was struck by a train on Highway 78, near the Glamis Store.

She was flown to a Phoenix area Hospital for treatment. Authorities say she passed away from those injuries over the weekend. Her 9-year-old brother, also a passenger in the transport vehicle, had been flown to a San Diego area Hospital, where he died from his injuries. The driver of the Rhino, 15-year-old Samantha Bestwick from Norco died at the scene. The California Highway Patrol says the driver tried to go around the downed crossing guard when it was hit by the train, and dragged approximately a half-mile. The C H P says Bestwick had been stopped by a northbound train, but apparently failed to see a second train traveling in the opposite direction.

East Texas Family Files Wrongful Death Suit Against ATV Company
9/10/07-Winnsboro
It's been almost three months since an East Texas couple lost their nine-year-old son in an ATV accident.  On June 22nd, J.T. Crow of Winnsboro was killed when the Yamaha Rhino he was riding in rolled over at a slow speed, pinning him underneath.  It's a tragedy that has prompted Crow's family to bring awareness to the dangers of Yamaha Rhino's by filing a wrongful death suit against the company.
 
Pictures of J.T. Crow, 9 fill his families' Winnsboro home, photographs that show a happy energetic boy.
 
"He loved sports," said J.T's mother Heidi Crow.  "He loved sports.  He loved outdoors.  He was a straight A student, academic excellence, never missed a day of school"  J.T. was visiting his grandparents in Jasper in June when the accident happened.  He was riding with his 12 year old sister, who was driving the family's Yamaha Rhino", going 15 miles per hour.  Neither child was wearing a helmet.
 
"They were going a short distance from our farm house at a very low speed," said Crow.  "Our daughter went to make a turn and the Rhino flipped on to J.T. causing severe trauma to his head.  My parents were right there."  J.T.'s mother says she had no idea how dangerous the Rhinos were until she started researching other reports of injuries.  Crow says the ATV's top-heavy design and small tires make it especially prone to rollovers.  That's why Crow and her husband are filing a wrongful death suit against Yamaha.
 
"I think it will force a change," said Crow.  "I think it will change the the way, the things we know about the Yamaha, and I also think will have a hand in forcing them to make a change in the design of the machine."  Some changes are already going into place.  Just last month, Yamaha announced it will install doors and passenger handholds for the Rhino ATV for free. Those doors are meant to prevent riders from sticking out arms or legs during rollover accidents.  Crow says she's happy to see Yamaha recognize the dangers, but says the company is not going far enough. '
 
"Doors and handholds are not going to solve the stability problem of the ATV," said Crow.  A problem she wants to see fixed, so no one else goes through this loss.
 
"I can't let this happen to another child," said Crow.  "That's the way I feel."
 
Yamaha would not comment on the lawsuit because it is still ongoing.  In October, the Crow's are holding an ATV Awareness Walk in Winnsboro, hoping to educate parents on the dangers of ATV's.

According to a five-year study comparing the prevalence of ATV and bicycle crashes from 2000 through 2004, hospitalizations from ATV incidents are growing at a markedly higher rate than those caused by bicycle injuries even though there are far more bicycle owners (100 million compared to 7 million ATV owners). And although there are still significantly more bike incidents than ATV mishaps, the numbers are narrowing, particularly for riders 16 and older (labeled as adults in the study).

    Here are some findings from the study to consider:

 
    * The estimated number of deaths associated with ATVs has risen nearly 180 percent from 276 deaths in 1995 to 767 in 2004, the most recent year that fatality data was available from the Consumer Product Safety Commission.

    * Estimated non-fatal injuries requiring a trip to the emergency room rose more than 150 percent from 53,600 visits in 1996 to 136,700 visits in 2005.

    * Children under 16 years of age accounted for about one-quarter of the deaths and one-third of the injuries.    

    * Among children, girls accounted for 26 percent of hospitalizations for ATV injuries and 22 percent of bike injuries. Among adults, females accounted for 17 percent of ATV hospitalizations and 22 percent of  bicycle injury hospitalizations.

    * The average cost of each ATV-related hospitalization was $21,304 compared to $16,478 for bicycle-related hospitalizations.

Since its introduction in 2003, ongoing questions have been raised regarding the safety of the Yamaha Rhino. With several fatalities, accidents, and serious injuries, the Rhino is considered among the most dangerous all-terrain vehicles (ATV) available to consumers. As an acknowledgement of the accidents that have occurred thus far, Yamaha Motor Corporation has offered only to install small plastic doors and extra passenger handles on each Rhino as an increased safety measure, free of charge.

 
In a letter addressed to Rhino owners dated September 11, 2006, Yamaha offers further safety tips regarding how to safely and effectively operate the Rhino. The height of the Rhino partnered with its narrow wheel base creates a high center of gravity, making the ATV prone to rollover accidents. Even when used at its minimum speed capacity, the Rhino’s disproportionate design makes it a hazardous vehicle to operate or ride passenger in.

The off-road vehicle a Paso Robles child was driving when she was killed Thanksgiving Day is the subject of lawsuits nationwide.

Here are the Facts First:

• 12-year-old
  Ashlyn Vargas was crushed when the Yamaha Rhino she was on rolled-over
  and landed on top of her near California Valley.
• She was not wearing a seatbelt.
• At least four other children have been killed on Rhinos and dozens have been seriously injured.

Hundreds
of off-road enthusiasts have turned to utility vehicles known as Rhinos
for hours of fun but are they taking their lives into their own hands?

"They
have a high center of gravity and they are top heavy and they do have a
well demonstrated propensity for rolling over," said Attorney Fred
Pritzker.

Ashlyn Vargas's father says the Rhino she was driving should not have rolled over.

"The slow speed my daughter was going when this happened and I saw the tire tracks, it tipped really easy," said Primo Vargas.

Lawsuits
filed against Yamaha, the maker of the Rhino, allege it has design
defects making it dangerously unstable, including small tires and a
narrow frame.

Some believe the Rhino marketing is misleading.

"It's
kind of an idea to induce people and create an image about one thing
and bait and switch and say on the other hand you really can't drive
them like that," said Pritzker.

Ashlyn's dad hopes parents take heed of the possible dangers.

"Don't
make the mistake I did, find out what's going on before you put your
kid in any kind of vehicle like this. You could cost them their life
and I wouldn't wish this pain on anybody," said Vargas.

Calls to Yamaha were not returned.

The following statement is from Yamaha's website:

"While
the Rhino has been a reliable and versatile vehicle, some operators
have engaged in aggressive driving or made abrupt maneuvers"... "that
have resulted in side rollovers, even on flat, open areas."