TheAthletesLawyer

Tennis player lawyer Doug Landau hits the courts and has "raised a racket" to advocate for his injured clients

Having represented injured athletes throughout the Virginia, Maryland and Metropolitan DC region, sports injury lawyer Doug Landau has seen stoic sportsmen and sportswomen under-report their injuries and limitations to their treating doctors.  Unfortunately, “putting on a brave face” to the health care providers may lead to an inaccurate medical history and a discounting of the negligence, product or premises liability case by the Defendants’ insurance companies.  In bike crash, dog bite, swimming pool and jogger injury cases, the insurance adjusters and nurses carefully scrutinize the initial Emergency Room medical records and histories in order to deny, delay and discount otherwise strong liability personal injury claims.

While my grandfather Landau taught me to have a “stiff upper lip,” doing so in the context of medical care can lead to medical records that are not helpful to the physicians or the injured athlete’s legal counsel.  So, sports injury lawyer Landau suggests that athletes “raise a racket”and fully and completely advise ALL health providers of their pain, limitations and difficulties.  If you, or an athlete you know, has been injured in a bike and car crash accident, attacked by dogs or disabled due to defective sports products, please e-mail or call us at ABRAMS LANDAU (703-796-9555)

Ronald McDonald, Tim Hamon Race Director Tom Cook and Broadlands injury lawyer Doug Landau at the Van Metre 8km

Sunshine, a rolling course and a stiff breeze greeted runners at the annual Van Metre 8km road race today.  Broadlands and Ashburn area injury lawyer Doug Landau took ran despite calf pain, as a hard “brick” workout was planned in advance of the Virginia Duathlon later this month.  Seeing lots of friends and clients, Landau managed to average 7:05 per mile pace for the nearly 5 mile course.  For a complete race report and a picture of Lawyer Landau “in action,” go to RunWashington

The Loudoun personal injury trial lawyer then did a short cool down before driving to Herndon for a CompuTrainer cycling class at HPC.  After biking indoors, Landau completed the “brick” by running several more miles on the W&OD Trail horse cinder path in Herndon.  After this grueling athletic effort, the experienced sports injury attorney showered at the Landau law Shop, got the weekend’s mail and then had a large lunch with his son, who was in town from Virginia Tech for another medical school interview.

Leesburg and Hamilton area lawyer Landau has participated in the Van Metre race several times.  The well run race raises funds for Children’s National Medical Center pediatric hospital.  Some of ABRAMS LANDAU’s youngest clients have received excellent trauma care at Childrens National, which  ranks among the best pediatric hospitals Read the rest of this entry »

Loudoun, Fairfax and Leesburg bike injury lawyer Doug Landau at the Herndon Bicycle festival2 blocks from the Landau Law Shop on the corner of Station and Center Streets

Having had too many “close calls” with cars, trucks and vans that do not keep a safe following or passing distance, I was hopeful that the major piece of legislation supported by cyclists in this year’s Virginia legislative session was the bill that would require motorists to allow three feet when passing bicyclists.  This proposed legislation was spurred by a desire to bring the Code of Virginia in line with contemporary safe separation practices.  In addition, cycling advocacy groups like the Virginia Bicycling Federation had hoped to make some progress in addressing incidents in recent years where Virginia’s criminal justice system turned its back on bikers.  Recent posts about bicycle riders who have been struck, ridden off the road, injured and knocked unconscious and then ticketed, charged and prosecuted suggest that cyclists in the Commonwealth are at risk on the roads, the courts AND the legislature.  As stated in the Virginia Bike Organization’s web site, “If you think that running over a bicyclist or pedestrian is illegal in Virginia, think again. The above legislation would not have totally fixed this, but the changes would have helped.”

The Senate version of the bill, SB566, passed by a vote of 40-0. The House version, HB1068, made it out of the Transportation Committee, but in the full House it was defeated on a partisan vote.  All the Republican delegates voted against the bill, including Del. Rust from Herndon who had earlier voted for the bill in committee.  The W&OD Trail goes through the heart of Herndon, and the Reston Bike Club Thursday night rides start and end in the center of the Historic Downtown District of Herndon.  There are bikers constantly getting on and off this wonderful Trail.  For the Delegate from the Town of Herndon to not be a proponent of bike safety flies in the face of reason.  Triathlon Trial Lawyer Doug Landau appreciates the Fairfax Advocates for Better Bicycling (”FABB”) MARCH-APRIL 2010 FABB News

See the Virginia Bicycle Federation analysis of the issues involved and some of the reasons for the bill’s failure this year.

A wrongful death lawsuit has been filed by the estate of a deceased cyclist in Maryland against a truck driver and his employer after the driver accidentally hit and killed a bicyclist last summer.  The 67-year-old biker became caught in the rear wheels of the truck as it made a right turn. The civil lawsuit claims that the driver was negligent because he failed to signal for the turn and did not look to see if “it was clear and free of traffic – cyclists or pedestrians.” The lawsuit alleges driver negligence and is seeking $5 million in damages according to the Baltimore Sun.

The biker was riding his bike south on Maryland Avenue behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right on Lafayette Avenue, in the Charles North neighborhood, police said at the time. The bicycle rider died at the scene.  The attorney representing the biker’s family, contends that the truck driver and his employer were negligent because a surveillance video shows the driver turned right without signaling.  Also, “he took a right turn without making sure it was clear and free of traffic – cyclists or pedestrians,” added plaintiff’s counsel.  Furthermore, the lawyer for the cyclist contended that the rider was not at fault because laws require bicyclists to stay with the flow of traffic, as far to the right as possible.

But investigators found that the cyclist was at fault because he was riding in parking lanes and tried to pass the truck on the right, which is illegal in Maryland, according to a city police spokesman.  Police investigators concluded that the biker drove into the truck.  No charges were filed against the trucker. The truck, a loaded fuel tanker, did not stop after the accident, but investigators do not believe the driver was aware of it. According to the accident report, police found a vehicle two days after the collision at a Falls Road service yard that matched the one in the surveillance video. DNA testing of hair and blood on the truck’s tires confirmed that the samples belonged to the Defendant truck driver, however, according to a police spokesperson, “it was inconclusive as to what caused the accident.”

One of the most terrifying experiences for any cyclist is  being chased by a pit bull, or several pit bulls.  These vicious dogs are often trained to attack and cause permanent disabling injury.  We have been contacted and retained by victims who have been bitten, knocked down and even knocked unconscious by large, fast-moving dogs.  Cyclists have been blind-sided by these charging canines, causing crashes and long-lasting scars to these athletes.  Even the fastest member of the peloton may ot be able to escape permanent or disabling injuries.  Chantilly and Centreville canine attack lawyer Landau has seen firsthand how devastating dog bite injuries can be to his clients and friends.  The staff at ABRAMS LANDAU has understands the emotional scarring can last long after the physical wounds have healed.  What can be done to increase biker safety or at least minimize the potential dog bite injuries ?  How does one safely avoid the deep, penetrating wounds that often result from a put bull and other large dog attacks and bites ?

According to Daniel Estep of the The National Animal Control Association’s training academy, “If the dog is 50 yards away and starts after you, if you can escape somewhere – inside a building. or on top of your car, or jump a fence – then that’s probably the best thing to do.  If the dog is closer than that, then that’s not a good idea.  In a footrace, you’re going to lose.  The January 2010 Esquire Magazine piece goes on to suggest:

1. If the attack is imminent, try to shove something in its mouth, hopefully not a vital body part.  If you’ve got a briefcase or clipboard or even a coat, shove that at the dog.  Most of the time, dogs are going to bite the first thing they get their teeth around.  And then you can try to walk your way out of the situation.
2. If that’s not possible, feed him your nondominant arm.  Arm, not hand.  And let him grab onto that and try to get yourself out of the situation.  The last thing you want to have happen is to be taken off your feet, because then it’s much more difficult to protect yourself from serious injuries.
3. If you get brought down, the best advice is to curl up into a ball and try to protect your belly and chest area.  Cover your neck with your hands and loop your arm around so that it covers your face.  When people roll up into this position and don’t move, oftentimes the dogs lose interest.

If you or someone you know has been injured in pit bull or other dog or animal attack, please e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Recently, Ashburn and Herndon area injury lawyer Doug Landau has been contacted by injured bikers who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current attorney.  And still other cyclists are confused and do not understand the legal process or their present legal counsel’s instructions.

Herndon and Ashburn bike crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. steers his bike with just 2 hands !

When A-V Rated attorney Doug Landau is contacted by a disabled biker or athlete or bike – car crash victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

1. Genuinely tried to work things out with their original lawyer;
2. Settled up with their counsel, who may be owed money for costs and fees;
3. Put in writing that the lawyer is discharged; and
4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

Franklin Farms bike crash lawyer Doug Landau advocates wearing bright colors when cycling, and often dons fluorescent yellow, orange and green bike gear when biking.  But even the TriathlonTrialLawyer was surprised to read the news story in this month’s TRIAL magazine about a driver who was found guilty in Oregon of “Hit and run” as well as “leaving the scene” of an accident.  According to the case report, the Defendant driver hit a pedicab operator.  The pedicab driver was 6-feet-tall and wearing an orange bunny suit for Easter !  Furthermore, the innocent victim’s pedicab had reflectors and  blinking red light.  The pedicab driver noted, “I was very visible.”  Evidence tends to suggest that the Defendant driver could have also been charged with “failure to pay full time and attention” to their driver when they hit this six-foot-tall orange bicycling Easter Bunny !

If you, or someone you know, has been injured in a car crash with a bike, pedicab, motorcycle or tandem, please e-mail or call us at ABRAMS LANDAU (703-796-9555), as there are legal time limits for bringing such claims.

Bike crash and jogger injury lawyer Doug Landau at the Herndon General District Traffic Court

Just because there is no Traffic Court Hearing does NOT mean that the Defendant who got the ticket at the scene of the bike crash gets off scott free, according to Herndon, Loudoun bicycle crash lawyer Doug Landau.  The former prosecutor with the State’s Attorney’s Office adds that the fact that there was no hearing, findings or transcript from a Virginia General District Court trial does not automatically mean that the citation was dismissed.  Landau points out that ticketed Defendants often pre-pay the fines or fail to show up for court.  In both cases, according to Landau, a “guilty” plea is entered in the Court’s records, the Commonwealth of Virginia’s computer index and the Department of Motor Vehicles’ driver history.  The Virginia Code section for procedure in Traffic Court for guilty pleas and pre-payment can be found at § 19.2-254.1. Procedure in traffic infraction cases.

• In a traffic infraction case, as defined in § 46.2-100, involving an offense included in the uniform fine schedule established pursuant to § 16.1-69.40:1, a defendant may elect to enter a written appearance and waive court hearing, except in instances in which property damage or personal injury resulted. Arraignment is not necessary when waived by the accused or his counsel, when the accused fails to appear, or when such written appearance has been elected.

• An accused may plead not guilty, guilty, or nolo contendere; and the court shall not refuse to accept a plea of nolo contendere. A plea of guilty may be entered in writing without court appearance.
• When an accused tenders payment without executing a written waiver of court hearing and entry of guilty plea, such tender of payment shall itself be deemed a waiver of court hearing and entry of guilty plea.
• In districts with traffic violations bureaus on July 1, 1977, the chief judge of the district may designate the traffic violations bureau for the receipt of a written appearance, waiver of court hearing and guilty plea.

If you, or someone you know, has been injured in a car crash accident, whether or not the person who crashed into has been charged or received a ticket, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date.  We have FREE information that can help you, even if we do not end up representing you.

Even Greek boxers knew the importance of hand, wrist and palm protection, even if they were otherwise unprotected

Just as these ancient Greek boxers sought protection for their hands from cuts, fractures and dislocations, bicycling gloves can help protect cyclists’ fingers and palms from “road rash,” lacerations and slipping off the brakes or handlebars.  Triathlon Trial Lawyer Doug Landau often wears bike gloves when it is cold, humid or wet outside for safety, not fashion.  The experienced triathlete lawyer eschews gloves indoors when spinning, CompuTrainer or recumbent cycling.  In crashes, when thrown from his bike, Landau notes that with gloves, his hands avoid road rash as well as embedded orated grit, glass and infection-causing debris.  Furthermore, when he gets back on his bicycle, he is able to grip his handlebars and brakes without pain.  Without multiple abrasions on his palms, fingers and wrists, Landau is able to avoid pressing germs from his handlebar tape into the wound sites.  The W&OD Trail cyclist recommends that in addition to always wearing your helmet for head and brain injury protection, that you consider wearing cycling gloves, even during warm weather rides.  Bikers need full use of their hands to safely cycle the roads, paths and race courses of Virginia, Maryland and  the District of Columbia.

WRONG !  Herndon car and bike crash lawyer Doug Landau wagers that we all know someone who was issued a speeding or other traffic ticket, only to have it dismissed, reduced, or “beaten.”  Just because the person who caused a crash got a ticket DOES NOT AUTOMATICALLY mean they are “guilty” in the civil personal injury case.  The ABRAMS LANDAU Trial Team has seen many cases where the Defendant was issued a ticket and their insurance company still denied the claim of the injured plaintiffs.  What’s more, according to former Florida State Prosecutor Landau, many tickets are dismissed, not prosecuted, beaten and even appealed.  That is why it is so critical to take proactive steps after a car crash, EVEN IF THE OTHER DRIVER IS GIVEN A TICKET ! If you, or someone you know, has been injured in a car crash accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date.  We have FREE information that can help you, even if we do not end up representing you.