If you decide to pursue action against Yamaha because of an accident or rollover involving your Yamaha Rhino, a lawsuit can be an effective tool in getting the fair compensation that you deserve for your injuries. There are a number of factors to consider in deciding whether a Yamaha Rhino lawsuit is the right choice for you to pursue, however.
Every accident is unique and there are no hard and fast rules about what cases can successfully be brought in court. However, there are some general guidelines that can give you a good idea of whether you have a strong case or not.
The magnitude of the harm suffered. If someone is seriously injured or killed, or if very large amounts of property have been damaged, then a lawsuit is more likely to find a receptive audience. In general, cases involving minor injuries or slight damage to property are not worth bringing.
The circumstances of the accident or rollover. Most rollover accidents occur during a turning maneuver, and in that case, the exact details of what happened can be very important for a suit’s success. Yamaha Rhino’s roll over at relatively low speeds, as well as at higher speed, and in general the slower the vehicle was moving at the time it rolled over, the more likely a suit is to succeed. The lay of the land where the crash occurred is very important. Rhinos have been known to roll over on flat ground as well as on difficult terrain; the flatter the area where the rollover occurred, the better. In addition, the sharpness of the turn that was attempted is relevant – Yamaha Rhinos will roll over even in the absence of a sharp turn, and a rollover where the operator was not asking the vehicle to make a sharp turn makes for a better case.
The responsibility shown by the operator. Some operators use seat belts and safety equipment, while others do not. In general it is better for a legal action when the operator has taken reasonable precautions against injury or accident. Operators who drank heavily before operating their Rhinos are less sympathetic litigants than operators who drive sober. Although Yamaha has a responsibility to ensure that the Rhino is a safe vehicle for anyone who drives it, there are rules that require Rhino drivers to be sixteen years or older. Younger operators are more sympathetic as litigants, but make the case against Yamaha weaker. In general, the more experienced and mature the operator, and the more prudent and responsible the operator’s behavior before and at the time of the crash, the stronger the case.
The condition and status of the vehicle at the time of the accident. Rhinos which were maintained in poor condition or which were heavily modified by their operator make a case difficult to establish, since a jury has no way of determining whether the problem was caused by a defect in the Rhino or by the actions of the operator in modifying/maintaining their vehicle. In addition, over the years Yamaha has issued safety updates to the Rhino, providing doors and warning labels to reduce the damage caused by a Yamaha Rhino rollover or accident, and if those upgrades have not been installed, a case is more difficult to build.
None of these factors are, in and of themselves, sufficient to build an overwhelming case, or significant enough to make legal action unlikely to succeed. It is the combination of factors that an experienced litigator will look at in determining whether a particular accident or rollover is a good candidate for a Yamaha Rhino lawsuit. If you have questions or are unsure of whether your accident would be the basis of a worthwhile case, then you should contact an experienced and skilled litigator to examine the facts of your case and provide you with expert legal advice.
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