29 Jan, 2008
Contributory negligence bars many claims brought in Virginia by injured cyclists, runners, swimmers and other athletes according to the Triathlon Trial Lawyer Doug Landau. However, this outdated and harsh defense does not apply as strictly to children injured in bike crashes, recreational activities and sports accidents. 
The trial team at Abrams Landau, Ltd. has successfully represented children in bike crash, sports injury and dog attack cases throughout Virginia despite this defense. According to The Athletes Lawyer Doug Landau, children, present a special case when applying Virginia’s contributory negligence rule because Read the rest of this entry »
15 Jan, 2008
“Virginia is for Lovers,” proclaim the bumper stickers and signs. But Virginia Law does not love injured cyclists, bicycle tourists, racers in the peloton and triathletes. Even though a bicycle rider may have sustained cuts, bruises, broken bones and even brain injury, the biker must still prove the negligence (fault) of the driver who caused the crash.
TriathlonInjuryLawyer_Doug_Landau_spins.jpegIn many cases where the bike crash is mostly the motorist’s fault, Virginia bicyclists find out the harsh truth that their state is
one of the very few that has “contributory negligence” as a valid defense to any recovery.
Contributory negligence is a complete bar to recovery in Virginia. This means that if the jury finds the Defendant is 99% at fault and the Plaintiff is 1% at fault, the Plaintiff cannot recover any of her damages. In many other states, if the injured bicyclist has $10,000 in losses, but is 10% “at fault,” she can still recover $9,000. Multi-state lawyer Doug Landau of Abrams Landau, Ltd., (shown here safely riding a stationary bike indoors during a spin class brick session) points out that in Virginia, contributory negligence is a COMPLETE BAR to an injured cyclists recovery. The Triathlon Trial Lawyer notes that is imperative that bikers and drivers alike Read the rest of this entry »
