After the crash: what to do…

Triathklon Trial Lawyer Doug Landau and top area Neurosurgeon Donald Hope, M.D. at his Fairfax Office




Every so often, multisport athlete and trial lawyer Doug Landau will test himself in a track meet, like the Eastern Masters Regionals held today in Maryland by FedEx Field. There are no excuses, and the distances and times are precise. Having run at The Hotchkiss School, Boston University and the University of Miami in Florida, Doug Landau has experience running competitively in the challenging arena known as “Track & Field.” TheAthletesLawyer finds that track meets such as this give him objective data as to his speed, conditioning and strength. Landau ran the 3,000 meter and mile run at the Prince Georges Sports & Learning Complex indoor track. This wonderful facility is the venue for next year’s United States Masters Indoor Track & Field Championships. As a long time member of USA Track & Field, Landau hopes to qualify, and compete in yet another Championship event. The injured athletes’ lawyer competed in 3 National Championships last year.

Local Plastic Surgery expert Dr. Byron Poindexter of the Reston, Virginia Austin-Weston Center has helped accident victims who have scarring and deformity as the result of crashes, burns and other trauma. The Center has free consultations as well as free seminars.
Consider attending a free seminar on Virginia plastic surgery to learn about the latest procedures and techniques. The next seminar, “Curious About Plastic Surery” is scheduled for Wednesday, March 12th, from 6:30-8:30 p.m. and will be presented by Dr. Poindexter. You will have an opportunity to speak with a Board Certified Cosmetic Surgeon and patients who have had cosmetic surgery in Virginia. For more information go to Austin-Weston Center or contact the Austin-Weston Center for Cosmetic Surgery in Virginia, 1825 Samuel Morse Drive, Reston, Virginia 20190 PHONE: 703.893.6168 FAX: 703.790.3444 www.austin-weston.com/
Bike crashes are terrifying. Bike crashes that result in brain injury can be devastating. Triathlon Trial Lawyer Doug Landau has crashed, but luckily escaped with minor injuries compared to those suffering from brain injury and acute closed head trauma.
In Virginia, 347 riders ended up in the hospital after a crash in 2004, according to Bikesmart, Virginia. Bike Smart Virginia ! The average hospital stay was four days and the median cost nearly $13,000. Traumatic brain injuries accounted for 23 percent of those hospitalizations Read the rest of this entry »
Bike crash victims in Virginia face many obstacles when bringing a lawsuit for their injuries. The Athletes Lawyer Doug Landau notes that where the injured cyclist VOLUNTARILY UNDERTOOK A KNOWN DANGER, she may not be able to recover ANY damages in a Virginia Court. While other states COMPARE the fault of the injured bicyclist with that of the negligent motorist, truck driver or other vehicle operator, Virginia adheres to this affirmative defense as a complete bar to any and all recovery by the injured athlete. That is why attorneys for defendants frequently assert the defense of “Assumption of the Risk” in Virginia lawsuits arising out of bike crash, auto accident and unsafe bike path claims.
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 »
Abrams Landau lawyer Doug Landau has represented many children who have been injured by negligent drivers. The Herndon Virginia Trial Lawyer notes that many bicycle accidents each year involve those under eighteen years of age. In an earlier blog, the 2006 Virginia Bicycle Crash statistics were cited; one of those 12 fatalities and 835 injuries was to a child under the age of five (http://www.dmv.virginia.gov/webdoc/safety/crash_data/crash_facts/crash_facts_06.asp).
While an experienced road cyclist or triathlete may recognize the peculiar hazards presented to bicyclists, younger riders may not have the background to know how to anticipate danger and react according to the TriathlonTrialLawyer. Landau points out that children may lack experience riding on the road, may overreact, may be easily distracted and lack appreciation of dangers on the street.

In addition to the basic duties owed to bicyclists, motorists owe a heightened duty of care to children. As the Virginia Supreme Court noted in the case of Endicott v. Rich:
“Where the driver of a motor vehicle sees, or should see, a child in or near a street or highway he must exercise that degree of care not to injure [the child] that a person of ordinary prudence would exercise under similar circumstances, taking into consideration what is common knowledge- that the actions of children are erratic and unpredictable and that a child may act thoughtlessly and upon childish impulses.”
In other words, in determining the level of care that must be exercised, Herndon Virginia Trial Lawyer Doug Landau reminds us that motorists must take into account that “kids will be kids.”