Florida Injury Lawyer Blog

A Florida woman, Rachel Jollimore, is suing Yamaha Motor Corporation in a case that will interest many ATV fans. At the heart of the suit is the safety of the Yamaha Rhino utility ATV. Jollimore alleges that her ATV rolled over and trapped her underneath while she was riding the vehicle. She claims that she was on relatively flat ground and was trying to make a simple turn when the accident happened.

Even though Jollimore alleges that she was traveling at a low speed, the vehicle flipped over and pinned Jollimore underneath it. As a result of the accident, Jollimore suffered a serious brain injury that requires a permanent stent in her brain that drains fluid to her stomach. There have already been a number of lawsuits filed about the Yamaha Rhino in Arizona and other states, leading Jollimore’s attorney to allege that the vehicle is unsafe and Yamaha realizes that there is a problem with its products.

The Yamaha Rhino is currently under investigation by the U.S. Consumer Product Safety Commission after a number of complaints of personal injuries and accidents. Last month, two young Mississippi girls were killed in a Yamaha Rhino after the vehicle rolled over. There are currently no statistics indicating just how many injuries and accidents may have been caused by the ATV. However, there are at least 200 product liability lawsuits related to the vehicle.

While some experts claim that all ATVs pose a danger for injuries and fatalities, some allege that the Yamaha Rhino is an especially dangerous example of the ATV. The Rhino was introduced in 2003 and the ATV was designed specifically to be narrow enough to fit into a pickup truck for transport. However, the height of the ATV, along with its narrow width, claim some experts, makes the ATV more likely than most to roll over and cause injury.

So far, Yamaha has not recalled the ATVs but models of the Rhino sold now include stickers that indicate that the ATV has the potential to roll over, even when it is on flat, open ground. One problem that attorneys may face when dealing with the Rhino lawsuits is that the vehicle is not subject to the same standards as most ATVs – even those standards themselves raise many questions.

Serious injuries caused by ATVs increased in 2007, for the eight year in a row. However, the Rhino is not even considered an ATV. Officials investigating the vehicle refer to it as a utility terrain vehicle (UTV) which means that even if Yamaha does not meet safety standards for an ATV that might not matter.

A University of Alabama at Birmingham research study into a Florida law found that a simple vision test may help reduce fatalities related to car accidents among older drivers. Researchers found that highway traffic fatalities among older Florida drivers decreased 17% after Florida passed legislation demanding that drivers 80 years and over get a vision test. In states such as Alabama and Georgia, where no such law was passed, death rates among elderly drivers remained the same.

As a result of the research, other states may soon also pass special screening requirements for elderly drivers, although other states may include other screening options in addition Currently, nine states as well as the District of Columbia require elderly drivers to pass regular vision tests. In addition, two states as well as the District of Columbia require older drivers to take a road test.

The study has raised some questions regarding accidents among the elderly. Some experts have suggested that elderly drivers in fact pose a smaller risk than other groups of drivers. Some experts suggested that elderly drivers tend to avoid risks, tend to be in accidents with low speeds, and tend to be hit rather than be the perpetrators driving into another vehicle.

Regardless of why car accidents among the elderly happen, they do occur and they do cause not only fatalities but also property damage, broken bones, spinal cord injury, burn injury, and brain injury, to name just a few problems. In addition, proponents of Florida’s law point out that even if a few accidents can be prevented through the law, the law makes sense.

Opponents to the law suggest that the law unfairly targets elderly drivers instead of focusing on bad drivers specifically. Some states are creating education programs in order to help seniors drive safely. These programs remind elderly drivers to ensure that they are comfortable behind the wheel and know their own limits.

Laws regarding driving change rapidly in Florida and across the country, so regular testing, advocates claim, will at least ensure that elderly drivers are aware of the latest road rules. There is no indication from the University of Alabama at Birmingham research study whether all drivers would benefit from vision tests. There is also no indication as to whether injuries and not just fatalities may be prevented by the tests.