California Injury Lawyer Blog

PISMO BEACH - A 37-year-old Visalia man was killed Saturday when he was thrown from a Yamaha Rhino UTV at the Oceano Dunes State Vehicular Recreation Area. The March 5th accident happened just before 1:30 p.m. at the Sand Highway Marker 13 area. The victim, Jose Lopez, Jr., was riding a Yamaha Rhino that overturned. Lopez died of his injuries at the scene. Another passenger was unharmed. According to the Fresno Bee, the state Department of Parks and Recreation is the primary agency investigating the accident.

Yamaha Rhino Safety Issues

The causes of fatal accidents on sand dunes vary widely. Fatal accidents may be attributed to rider inexperience, riding under the influence, and defects in the vehicles themselves. Although there are inherent risks with any utility terrain vehicle, Yamaha Rhinos are widely regarded as dangerous - more than 50 deaths have been attributed to Yamaha Rhinos. The U.S. Consumer Product Safety Commission (CPSC) begain investigating Yamaha Rhino safety issues in 2008, and the vehicles were recalled by Yamaha on March 31, 2009.

Yamaha Rhino Design Defect Wrongful Death Liability

After any fatal accident, family members may have many questions. Why did the accident happen? Could their loss have been prevented? Was the manufacturer of the vehicle responsible? Especially when loved ones are killed in recalled vehicles, family members would be encouraged to consult with an experienced California wrongful death attorney who has represented numerous victims of Yamaha Rhino rollover accidents. A skilled attorney can stay on top of the investigation into the cause of the accident and arrange to have the vehicle involved in the accident inspected by an expert. If the accident was likely attributed to a defect in the Yamaha Rhino, an attorney can help the family protect their rights to file a claim against Yamaha for their loss.

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The California Highway Patrol has reported an 86-year-old Kenwood woman died Monday morning after a devastating accident involving an all-terrain vehicle. The crash occurred on private property off Adobe Canyon Road in unincorporated Sonoma County. The victim, identified as Delores Sprague, was riding her ATV to retrieve some tools from her home when, according to the Sonoma Index-Tribune, she apparently lost control of the vehicle and struck a tree. The ATV overturned and crushed her. She died at the scene of the accident. Sprague's husband reported the incident at about 10:20 a.m. on May 3rd.

ATV Rollover Accident Fatalities

According to the website ATVSafety.gov, nationwide there were 832 reported ATV-related deaths in 2006, 699 reported deaths in 2007. In California, statewide from 1992 to 2008, there were 516 reported deaths. Because not all deaths are reported to the Consumer Products Safety Commision, the actual number of fatalities is likely slightly higher. Each year more than 100,000 people visit emergency rooms across the country for injuries sustained in ATV accidents.

Cause of the Accident and Possible Liability Issues

The limited information in news reports did not identify the type of all-terrain vehicle involved in this crash, or explain how this crash happened. However, in any fatal ATV accident, there is always the question of whether a mechanical defect played a role. Many ATVs have been recalled for serious safety issues. Just last week, Yamaha recalled 20,000 Grizzly model ATVs that had a problem with the steering column that could cause the rider to lose control and crash. In December, Polaris recalled 8,500 ATVs dued to a problem with the front suspension ball joint stem that can cause the rider to lose control and crash. Dozens of other similar recalls have been announced in the last couple years. It is possible that this Sonoma County accident that took the life of Deloris Sprague was due to a defect or mechanical failure in the ATV.

While the cause of the accident is under investigation by the CHP, the family of the victim would be well-advised to talk to a California wrongful death lawyer about having the vehicle inspected for design or manufacturing defects. An experienced attorney familiar with ATV accident liability issues will be able to advise their family of their legal options in a possible wrongful death claim and look into similar accidents involving the type of vehicle involved in this accident.

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A 12-year-old was killed Saturday night in an ATV crash in Monterey County near Gonzales, the CHP reported. The accident happened around 7 p.m. near the intersection of River Road and Sanchez Road. According to reports, the 12-year-old, who was not identified, was riding the ATV on private property with two other boys near the intersection when he lost control and crashed. The 12-year-old who was driving died at the scene of the crash. Two other 11-year-old boys suffered moderate injuries and were taken to Salinas Valley Memorial Hospital.

The news reports of this accident did not mention the type of ATV involved in this April 2 accident. Some ATVs in the class of utility terrain vehicles, also known as UTVs, have been recalled for dangerous design flaws, because they may rollover on flat surfaces and at relatively slow speeds.

ATV Rollover Accidents Injuries and Fatalities

The family of the young boy killed in this accident and the families of the boys injured may benefit from discussing their legal rights with a California ATV rollover accident attorney. Depending on how the accident occurred and the type of vehicle involved, the families of the victims may be entitled to compensation from the vehicles' manufacturer. The attorneys at Estey Bomberger have successfully represented numerous victims of UTV rollover accidents, including Yamaha Rhino rollovers, in personal injury and wrongful death claims.

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A 32-year-old Lodi man died at the Carnegie State Vehicular Recreation Area Sunday afternoon, the California Highway Patrol reported. The man was riding a Yamaha dirt bike motorcycle with his daughter at about 2:50 p.m. when the accident occurred. Ahead of the trail uphill, a 16-year-old boy on an ATV stopped to help another rider. His ATV rolled downhill and struck the Lodi man on his motorcycle. He died at the scene of the accident before park rangers and the Alameda County Fire Department arrived. His daughter, who was riding a separate vehicle, was not injured.

This heartbreaking accident is a tragic reminder of the dangers of off-road vehicles. Our sympathy goes out to the family of the man who died in this accident and everyone who knew and loved him. Please keep his family in your prayers.

Based on the news reports of this incident, it is not clear exactly how this accident occurred. It is possible that the 16-year-old was inexperienced and caused this accident. It is also possible that the ATV brakes malfunctioned and caused the vehicle to roll down the hill. Without more information, it is impossible to determine what happened and who was responsible. Hopefully the CHP investigation will answer some of these questions. Although this incident is still under investigation, the family of the man killed would be well-advised to consult with a California wrongful death attorney as soon as possible. An attorney can help the family of the man killed in this accident protect their rights and determine whether they may be eligible to compensation for their loss in a wrongful death claim.

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A 38-year-old Fresno man was killed in an off-road vehicle crash Friday in eastern San Luis Obispo County, the California Highway Patrol reported. The accident occurred about 4:50 p.m. Friday on a dirt service road about 1.6 miles west of Soda Lake Road, and 6.9 miles north of Highway 166, in the Carrizo Plain National Monument.

On Tuesday authorities identified the victim as Matthew Drake, 38, of Fresno. Drake had been riding a 1996 dual sport motorcycle with three other people when for unknown reasons, he did not stop the motorcycle before hitting the edge of the ravine. Drake was wearing a helmet but still sustained fatal injuries when he was thrown from his bike. The CHP is investigating the cause of the crash.

Please keep Matthew Drake's family in your prayers. Our sympathy goes out to everyone who knew and loved him.

Based upon the reports of the accident in the Fresno Bee and the Taft Midway Driller, the cause of the accident is not clear. Why was Drake not able to stop his motorcycle? While this off-road motorcycle accident remains under investigation, the family of Matthew Drake may benefit from a consultation with a Fresno wrongful death attorney. An attorney can determine if the motorcycle was possibly defective and contributed to the accident. Honda has issued dozens of recalls over the years for problems and safety issues in their motorcycles. If a malfunction of the motorcycle caused or contributed to the fatal accident, the family may consider filing a wrongful death claim against Honda for their loss.

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Polaris Industries, of Medina, Minnesota, in cooperation with the US Consumer Products Safety Commission, has issued a voluntary recall of about 8,500 all-terrain vehicles. The recall applies to 2009-2010 Sportsman ATV models, which were sold between February 2009 and November 2009 at Polaris dealers nationwide. The recall has been issued because the front suspension ball joint on the ATV could potentially separate from the steering knuckle, causing the rider to lose control and crash, which could result in serious injury or death.

Recalled ATV Models

The recall includes the following Polaris ATVs:

• 2009 Sportsman XP 550
• 2009 Sportsman XP550 WPS
• 2010 Sportsman 550
• 2010 Sportsman X2 550
• 2010 Sportsman Touring 550
• 2009/2010 Sportsman XP 850
• 2009/2010 Sportsman XP850 EPS
• 2010 Sportsman Touring 850

Polaris has received 19 reports of incidents involving the recalled ATVs, although no one has been seriously hurt. Consumers that own the recalled ATVs should stop riding the vehicles immediately and contact their local Polaris dealer to schedule a free repair. Polaris is also contacting registered owners directly about the recall. For more information visit the Polaris website or the U.S. Consumer Product Safety Commission website. You can also call Polaris toll free at (888)704-5290.

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A 25-year-old Lindsay man was killed and a 22-year-old Lindsay man was critically injured Sunday night in a crash in Tulare County, authorities have reported. The collision occurred just before 8 p.m. at the intersection of Sierra View Street and Lafayette Avenue. Javier Benitez Luna, 25, died at the scene. Juan Carlos Zapata, 22, was airlifted to Community Regional Medical Center.

According to reports in the Porterville Recorder Online, an ATV travelling east on East Sierra View Street collided with a dirt bike going west on East Sierra View Street. It was not immediately clear which person was riding which vehicle. Police reported the two men, who were both wearing helmets, failed to stop at the intersection. An investigation is ongoing and toxicology results are pending. It is not known if alcohol was a factor in the crash. Anyone with information is asked to call the Lindsay Police Department at (559) 562-2511.

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A recreational vehicle ride ended in tragedy Saturday afternoon at the Glamis Dunes when a 23-year-old San Dimas man was killed, authorities reported. Nicholas Mallard was killed when he was ejected from a quad all terrain vehicle at the Glamis Dunes, just east of Gecko loop. The Imperial County ATV accident was reported at 2:45 p.m. The cause of the accident remains under investigation by the California Highway Patrol.

Our condolences go to the Mallard Family and everyone who knew and loved Nicholas. The accident is the second fatality at the Glamis Dunes reported in less than a month. A 34-year-old man was killed in an accident at the Dune Buggy Flats on October 26, 2009. Hundreds of thousands of people visit the Glamis Dunes, part of the Imperial Sand Dunes Recreation Area, each year to enjoy many types of off-road vehicles, including ATVs, utility terrain vehicles (UTVs), dirt bikes, dune buggies and sandrails.

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