TheAthletesLawyer

A good insurance company should look at the same factors that a judge or jury would look at  in Court.  These would include the following items:

1. Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
2. Loss of Earnings (past and future)
3. Damage to the bicycle and other personal property
4. Permanent impairment of the injured arm, leg, etc.
5. Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
6. Your life expectancy.  In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
7. Any increased risk of arthritic changes, bone and joint disease and re-injury
8. Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
9. Did the injured cyclist attempt to mitigate her damages ?
10. Was the injured biker at all at fault in causing the accident ?

For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“

When a New York cyclist got “doored” by a careless motorist, his arm was so badly broken, that the surgeon had to put the shattered pieces together with 2 plates, 13 screws and wire.  Without any warning, the driver opened the door into the biker’s path, putting the bike commuter into the hospital for three nights.  The injured biker contacted bike accident lawyer Doug Landau to find out how best to proceed, since he had over $27,215 in medical bills and the comminuted fracture in his upper arm did not properly knit.  The bicycle commuter told the ABRAMS LANDAU trial lawyer that rarely a day goes by that his arm isn’t sore, that he’s not reminded of the injury.  He notices increased soreness in cold and damp weather and he is concerned with the possibility of early-onset arthritis resulting from the injury.

• The driver’s first words were, “Didn’t you see my door open?”
  The injured biker’s first words were, “I have a broken arm.”

After a number of suggestions by bicycle crash lawyer Doug Landau and investigation of additional facts, this 2005 bike accident case settled for $126,000 and the injured cyclist, who is a professional musician, was able to avoid the expense, additional time loss and unpredictability of trial.  Because there are strict time limits for claims against truck and car drivers who “door” cyclists or cause other bicycle related accidents, if you or someone you know has been injured by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Bicycling East on the W&OD Trail by the dog kennel, ABRAMS LANDAU biker lawyer Doug Landau almost ran over this poisonous copperhead snake !

Here is the photo showing where I saw the snake during the Reston century bike ride.  Yesterday I posted a “close up” of this deadly W&OD Trail user. Because I want all cyclists to return home safely, I looked about for information on how best to protect yourself.  Here are some tips from the “Bicycling Australia” where they have LOTS of poisonous snakes !) to help you manage the “risks of the road:”

• Always ride with others. It makes sense in case of any accident or mechanical failure, not just in case of snakebite. If you are close to town, you can rely on a mobile phone, the ambulance service or a nearby car. In more remote riding areas you need to be self-sufficient. Most first aid kits contain a large bandage that may be very useful if you are unlucky enough to get bitten. The prime rule is to remain as calm as possible and do not go seeking medical attention, rather bring help to you. To panic and ride in search of help will distribute the venom, if any, through your system. Sitting calmly by the trail waiting for assistance is important.
• Your riding companion may have to go and seek help for you. Use the bandage to put pressure over the wound. Not too tightly and definitely not a tourniquet, wrap over the bite and then along the limb (assuming it was an arm or leg that got attacked). On the torso use the bandage to apply pressure over the wound. Venom is distributed through the slow moving lymphatic system (not the speedy arterial system) so if you don’t move a lot, the toxins won’t either. For more information on treatment go to www.stjohn.org.au or, more appropriately, take a first aid course to get up to speed on how to best manage incidents such as this.
• If at all possible, identify the type of snake that did the damage. Note colour, size, shape of head and so on. Take a photo of it with your digital phone if you can but do not try to capture the snake or more biting will ensue! Awareness of your surroundings and knowing what to do should snakebite happen are really all the properly prepared cyclist need consider.

Poisonous snakes are a danger to cyclists. Bicycle riders, joggers, roller bladers and skaters need to be aware of dangerous animals in their path

While riding in the Reston Century last Sunday, I almost ran over a snake.  Not just any snake, but a poisonous copperhead that was sunning itself in the middle of the path !  Luckily, I avoided contact with the venomous reptile, but this is not the first time I have seen a large snake on the W&OD Trail in Loudoun County.  Another snake incident nearly caused me to swerve and crash.  And, a black snake my wife ran over nearly bit me as I followed her near the Luck quarry ! While these snakes can be quite beautiful, it is best to give them a wide berth and not incite an attack that could prove fatal.

The Reston Runners website also reports “An unusually high number of copperhead snakes have recently been reported in Fairfax County. Copperheads are venomous snakes that are found here and throughout Virginia.”  In tomorrow’s post, I will share some excellent tips from an Australian cycling site.  The Aussies have to contend with a number of the most dangerous poisonous snakes on the planet, so their bikers and runners have a lot of good safety information to share with athletes here in America.

How biker friendly are the streets ?

In Washington, bikers have found the city streets of Seattle to be more dangerous than friendly.  Six bicyclists have filed a lawsuit against the city of Seattle over safety hazards concerning the South Lake Union Streetcar tracks.  All six of the plaintiffs have suffered serious injuries as a result of their bike tires becoming caught in the tracks.  This happened as a result of the width of the streetcar tracks being wider than the bicycle tires, which caused the tires to catch and the cyclists to crash.  As in the instance of the six plaintiffs, this can result in serious and sometimes catastrophic injuries.  The lawsuit claims that the city was aware of the potential dangers to bicyclists, but failed to post warning signs or add any additional safety measures.  The lawsuit is seeking general damages, compensation for medical expenses, lost wages, and attorneys’ fees.  The lesson to be learned is that “biker friendly” does not always mean “biker safe.”

Biker and trial lawyer Doug Landau and cycling friends at a Loudoun County rest stop in Hamilton, during the Reston Century, where well-marked sinkholes and road defects made for a safe ride.

At ABRAMS LANDAU, Ltd., we recommend that if you come upon grooves, street car or trolley tracks that are parallel to your direction of travel, avoid getting too close, as narrow road bike wheels can get entrapped and stuck.   We have represented injured bikers who have been thrown from their bicycles due to roadway defects and dangerous street conditions.  Move to a different street, or even walk your bike rather than risking damaging your bike and injury to yourself.

Reston Century bike riders at the Hamilton rest stop

The 28th Annual Reston Century took place today, starting and finishing at the Reston Town Center Pavilion.  Over 1,200 bicycle riders enjoyed the excellent weather, Virginia’s rolling hills, snow cones, lunch and a great t-shirt this year.  Herndon sports injury lawyer Doug Landau also managed to eat a half dozen peanut butter & jelly sandwiches at the Loudoun bike rest stop, as he did not expect to do over 108 miles on his sprint triathlon racing bike !

Traveling with friends from Herndon, the Reston Bike Club and the WorldGators Masters team at Sport & Health, Worldgate, the Triathlon Trial Lawyer managed to finish in a little over 8 hours.  The Triathlon Trial Lawyer saw no accidents, injuries, crashes or other mishaps on the roads or W&OD Trail.  In fact, Loudoun County police were out to provide extra safety at otherwise dangerous road crossings and insections.  While this is longer than any athletic event Landau has ever signed up for or ever plans to do, the athletic Virginia Trial Lawyer believes that it is important to have strength and endurance in order to succeed in sometimes gruelling trials.  The Reston Bike Club puts on safe rides and other events, and Landau and his wife have joined in order to participate in their weeknight rides in Reston and Herndon.

Doug Landau at the 20 mile marker of the W&OD Trail by the caboose in Herndon, Virginia, about 100 yards from the ABRAMS LANDAU buildings

In a word, “yes.”  Not including my own crashes while commuting, racing or just riding, I recently caused another rider to fall.  While riding with the Reston Bike Club, I got carried away talking to a new acquaintance.  I caused another rider to go off the the lip of the road – there was no shoulder, as it was the new construction near Shaker Woods in Herndon, Virginia.  Luckily the young cyclist, a Pharmacist with Prosperity Pharmacy suffered some scrapes and road rash but no more serious injury and is back riding (I later saw her again at the Reston Century !).  I have also since ridden with the Reston Bike Club “4s” as well as the 3s and 2s.  Riding with the Reston riders is fun, great exercise and I believe safer than riding alone sometimes.  I usually carry a small first aid kit as well as a phone, just in case another rider has a fall.  Hopefully, the rest of my 2010 bike riding season will be safe and uneventful…

While Triathlon Trial Lawyer Doug Landau has not entered sufficient races in the Virginia Triathlon Series (”VTS”) this year, he nevertheless enjoys the competition and camaraderie of the events that Set-Up, Inc. puts on all over the middle Atlantic region.  While he does not intend to race at the Olympic Distance in 2010, Landau is slated to compete in three sprint distance races, in Luray, Warrenton and Spotsylvania Virginia.

The Luray Triathlon is set in the foothills of the Blue Ridge Mountains in the beautiful town of Luray.  A half mile one loop swim in pristine Lake Arrowhead gets athletes ready for the rolling 16.5 mile bike on paved roads surrounded by the woods and farms of the Shenandoah Valley.  The race concludes with a 5K that is an out and back with rolling hills and all on the roads of Page County.  Landau has competed successfully in the Olympic Distance Race, which uses much of the same routes.

Rehab to racing coaches Rob (in the middle) & Stephanie Colburn at the Luray Triathlon, where he completed both races

The VTS race directors suggest that athletes come to Luray with its 300+ acres of award-winning parkland and spend some time exploring the downtown and seeing what the Shenandoah Valley has to offer !  Set Up, Inc. offers a real challenge for IronMan and half Iron athletes who want to test themselves over 2 days.   Billed as the “Luray Double,” Athletes who complete the “Luray Double” by completing the Luray International and Luray Sprint in the same weekend receive a special hand-engraved goblet.  Furthermore, comic strip “Frazz” creator Jef Mallet is slated to try the “Luray Double” as is “Rehab to Racing” Coach and training partner Rob Colburn.

While sports injury lawyer Doug Landau is frequently contacted to help an injured runner or biker, even in cases where the driver or other party is at fault, if there is no coverage or ability to pay for the harms caused, then it may not be a wise move to  go forward with a claim.  In other words, even if the ABRAMS LANDAU trial team wins the case, if no recovery can be made for the injured athlete, then it may not be a smart move to litigate the matter.  Recently, the question came up, if a runner is run over by biker, is there insurance coverage to pay for the injuries and losses sustained ?

While the automobile insurance probably would not pay, since the accident did not involve “a motor vehicle,” the defendant driver’s homeowner’s insurance policy may be a source of funds to pay for the damages.  And in a case where a bike crashes into another bike, the homeowners insurance may also be able to pay for the harms caused by the careless or negligent rider.  Absolutely.  Even renter’s liability insurance may be collectible in a case brought against a careless bike rider who causes serious personal injury to a runner, biker or other person on the road, bike path or sidewalk.

If you or someone you know has been injured in a bicycle, running or pedestrian accident or an insurance company is denying their injury claim, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to investigate these cases as soon as possible after the crash.

USAT CEO Skip Gilbert and Triathlon Trial Lawyer Doug Landau at the USAT Duathlon natinal Championsips in Richmond, Virginia

As a Sprint Triathlon and Aquathon All American, as well as an Olympic Distance Honorable Mention award winner, Herndon multisport athlete and attorney Doug Landau feels that it is important to support the national governing body and the people who volunteer their time so that races can be conducted safely.  Over the years, Lawyer Landau has contributed to become a “gold member,” directed, sponsored and volunteered at athletic events.

USA Triathlon is proud to serve as the National Governing Body for triathlon – one of the fastest growing sports in the world – as well as duathlon, aquathlon and winter triathlon in the United States. USAT sanctions 3,100 races and connects with more than 133,000 members each year, making it the largest multisport organization in the world. In addition to its work with athletes, coaches, and race directors on the grassroots level, USAT provides leadership and support to elite athletes competing at international events, including World Championships, Pan American Games and the Summer Olympic Games.