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ATV Accident Lawyer Chattanooga
Despite widespread awareness of the extreme hazards to by all-terrain vehicles (ATVs), ATV accidents continue to claim the lives and futures of Georgians and Tennesseans.
Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.
Within the past year and a half, several ATV accidents have starkly confirmed that Georgia and Tennessee’s motor vehicle safety laws don’t go far enough, and that even where these laws are potentially helpful, they are not inspiring compliance. It turns out that imperfect laws are not the only weak link in protecting kids from ATV tragedies. Ineffective manufacturer warnings now appear to be part of the problem. In a study published last year by the American Academy of Pediatrics, the Academy found that even where ATVs come equipped with labels urging safety precautions and warning against high-risk behaviors and any use of ATVs by children younger than 16, high-risk and underage uses continue unabated.
The Academy documented not only that almost 40 percent of ATV-related injuries are suffered by users younger than 16, but also that no respondents, in their study, pursued recommended ATV training, and only 36.7 percent of respondents were helmeted at the time of their crashes. The Academy also found that even after being injured, and despite manufacturer labels warning against underage and risky uses, children who survived ATV injuries went on to ride again, and resumed riding without safety gear, riding on paved roads, performing dangerous maneuvers, and carrying passengers.
If you or your loved ones have been affected by an ATV accident in Chattanooga, it’s crucial to seek the expertise of a seasoned Chattanooga ATV accident lawyer at Dennis & Winningham Law. Contact us at (423) 892-5533 or email us at [email protected] for guidance and support. Your well-being is our priority.
Compensation for Negligently Provided Access to ATV
When a child has been injured in an ATV accident, he or she may be able to recover damages for his or her injuries from an adult who wrongfully permitted him or her to use the vehicle. When an adult provides a child with even supervised access to an ATV, without consent of the child’s parents, a jury can find that adult negligent and award damages to the injured child. When an adult encourages or allows a child to use an adult-size ATV, which has relatively large engine size and speed capacity, a jury can find that adult negligent and award damages to the injured child.
Dennis & Winningham Law, your trusted Chattanooga ATV accident lawyers, have successfully represented accidents victims including children injured in ATV accidents.
Compensation for ATV Product Defects
Equipment failure, in the form of either malfunctioning ATV parts or defective design of ATV parts, may provide another and different way of compensating an injured driver of an ATV. All parties in the chain of manufacture and distribution of an ATV that ultimately causes injury are potentially reachable in cases of this kind.
The legal principles that may support a claim based on ATV malfunction include:
- traditional negligence (i.e., a breach of a duty of care owed to the ATV operator)
- warranty breach (involving terms of purchase)
- failure to warn of known equipment risks
- strict liability (in which the inherent danger of ATVs exclude the need for the victim to show carelessness on the part of the ATV manufacturer, distributor, and/or retailer.
Since it is now growing clear that typical warnings on ATVs do not have much effect on a majority of youthful ATV operators, establishing precisely what constitutes an adequate ATV warning may require some especially careful analysis on the part of ATV accident attorneys who represent injured ATV victims and their families. Our ATV accident lawyer in Chattanooga represents clients (and surrounding counties such as Hamilton county), and Northwestern Georgia including Catoosa and Walker county.
If you, your child, or other loved ones have suffered injuries or losses as a result of an ATV accident, please do not hesitate to contact an experienced Chattanooga accident lawyer at Dennis & Winningham Law. For information on how we may be able to assist you, contact us at (423) 892-5533 or email us at [email protected].
Our firm offers a free initial strategy session to all prospective clients, where you can discuss your case with Lupton Winningham or Tricia Dennis.
You have nothing to lose by calling our office at (423) 892-5533 or booking a free strategy session to speak with one of our experienced Chattanooga wrongful death lawyers.
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A Personal Approach for Accident Victims
Personal injury
In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.
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Car Accidents
Chattanooga car accident lawyers Tricia Dennis and Lupton Winningham have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you. If you or a loved one has been injured and need help with your medical bills, then you have come to the right place. Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis & Winningham Law. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.
Trucking Accidents
Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.
Motorcycle Accidents
Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Lupton Winningham are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis & Winningham Law Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.
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ATV Accidents
Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.
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Bicycle Accidents
The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.
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Boating Accidents
One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.
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Nursing Home Abuse
No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.
Dennis & Winningham Law are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.
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Premises Liability
Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis & Winningham Law excel in handling these complex cases, tirelessly pursuing justice for our clients.
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