TheAthletesLawyer

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.

Bike crash lawyer Doug Landau gives Sports & Health Clubs Spin group cycling instructor Lisa Adams a copy of his latest book "10 Mistakes that can derail your bike injury case."

After surviving a double spin cycle class with Sports & Health instructor Lisa Adams, injured athletes’ lawyer Doug Landau presented her with a copy of his new book, “10 Mistakes that can derail your bike injury case.” As indoor group cycling classes are safer than outdoor biking, many of those who ride with Ms. Adams indoors also bike outdoors in the good weather. Landau hopes that by sharing his book with bike coaches, spin instructors and cycling teams, injured cyclists will be better informed as to their rights. If you or someone you know has been injured in a bike crash or cycling accident, please e-mail the ABRAMS LANDAU team or call 703-796-9555.

For a quick meal on the go, Herndon trial lawyer Doug Landau, like Reston attorney Bob Nicoli, will often stop at Robeks for a healthy smoothie, wrap or salad. Since the smoothies are made to order, they are fresh and contain only those ingredients you select. After a particularly long or intense workout, or when recuperating from an injury, sports accident lawyer Landau will get a protein blend so that repair to damaged tissues can begin immediately with the necessary amino acids, vitamins and minerals.

Winning races is not easy. It takes focused training, regular rest and diet discipline, especially during the holiday season from Thanksgiving to New Years. TriathlonTrialLawyer Doug Landau points out, “What we eat, how much rest we get and how hard we train are all important parts of the fitness equation. Smart triathletes and trial lawyers get all three in balance.” So the next time you need a quick meal, skip “Mickey D’s” and the “BK lounge” and instead try a healthier alternative like Robeks.

Doug Landau & Beatrice Vargas of ABRAMS LANDAU, Ltd. holding copies of his new bike crash book

ABRAMS LANDAU received its first shipment of Doug Landau’s new book, “Ten Mistakes That Can Derail Your Bicycle Injury Case.” Drawing upon over 25 years’ experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer’s court cases in Loudoun County. Landau’s bike crash book had been available through SPOKES Magazine, Potomac Peddler’s “Pedal Patter” newspaper and other Bicycle clubs and bike shops.  In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. As the Landau Law Shop is regularly contacted by injured bikers, this new book is intended to be a helpful resource for injured cyclists.

If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Dr. Dowling is shown giving ART treatment to competitor (& Maccabiah Gold Medal Winner after the ITU Dextro Triathlon in Washington, D.C.

“Active Release Technique” or “ART” is a patented, state of the art soft tissue system/movement based massage technique that treats problems with muscles, tendons, ligaments, fascia and nerves. Doug Landau has had ART treatment before and after races and found it to be beneficial, especially with regard to iliotibial band (”IT Band”) pain and hamstring tightness after hard multi sport training.

Headaches, back pain, carpal tunnel syndrome, shin splints, shoulder pain, sciatica, plantar fasciitis, knee Read the rest of this entry »

Anyone who has ridden with me around Broadlands, South Riding, Ashburn Farms or my former home in Franklin Farms knows this injury lawyer never likes to take his hands off of the handlebars. I simply do not have the bike handling skills of the top riders in the peloton top take both hands off the bike and throw them up in the air like you see at the finish of so many cycling races. So does the TriathlonTrialLawyer not signal his intent to turn, slow or stop. No, I place my left arm straight out to my side for left turns, bend it upwards at ninety degrees for a right turn, and bend it won perpendicularly to slow or stop;. I also give audible signals if there are other cyclists close by, especially during the Reston Bike Club evening rides or Potomac Peddler Tours.

According to the Uniform Vehicle Code, CHAPTER 11 – Uniform Vehicle Code: Rules of the Road – Pt. 3 signals ARE required for bikers. However, if you are like me, and need your hands to brake or maneuver, you can signal when it is safe to do so (like when you are coming down a steep hill). The Uniform Vehicle Code section 11-604.Turning movements and required signals.

• (a) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
• (b) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

This gives any vehicles or cyclists catching up to the biker time to react, maneuver and proceed with caution. Always try to signal when turning or stopping while riding your bicycle. Following bikers, motorists and runners will appreciate your “defensive cycling” so give them a hand and not just a finger !

Brain Injury lawyer Doug Landau of ABRAMS LANDAU, donated a "Wii system"and game software at the "Miracle Mile"

Inhabitants of Montgomery House in Springfield, Virginia will soon be smiling as they heal thanks to local attorney Doug Landau. Following his successful race at Smith Mountain Lake, Landau drove 5 hours from Virginia Tech in order to serve as MC and volunteer at the Brain Injury Association’s annual fundraising event at the Fairfax Campus of George Mason University today.

The law firm of Abrams Landau, Ltd. donated a Wii system to Montgomery House, a fully independent housing program run by Brain Injury Services as part of a partnership with Robert Pierre Johnson Housing Development Corporation (RPJ). The program provides individualized supports through case managers and apartment coaches to enable a survivor of a brain injury to live in the least restrictive environment in their community. This program presently serves men that were either homeless or at risk for homelessness. The Fairfax, Loudoun and Leesburg head injury lawyer Landau presented Brain Injury Services with the gaming system after serving as a volunteer in the organizations annual event, the Kit Callahan’s Miracle Mile, 10K Run/Walk on at GMU in Fairfax, Virginia. Last year, Landau was 5th overall in the 6.2 mile road race, and he hopes that many more runners participate this year.

The Wii was selected because of a recent trend in rehabilitation toward a new treatment technique known as “Wiihab”. Wiihab makes use of the gaming system’s unique, live motion play to offer patients a fun and less painful exercise medium. Abrams Landau, Ltd., along with other traumatic brain injury law firms hope that their donations will ease the recovery of those in need. He has seen how victims of serious accidents are often “left out of the game” after a car crash, sports injury, dog bite attack or bike accident. Doug Landau hopes that this donation will help patients find enjoyment in an otherwise painful and difficult process.

An advocate for victims of car crashes, defective products, dog attacks, and other negligence cases, Doug Landau has been involved with Brain Injury Services and other victim advocacy groups for over 25 years. He believes this organization is vital to the community because victims of traumatic brain injury are often misunderstood by the general public and in need of assistance during their recovery process. Lawyer Landau has represented clients with these injuries and knows the Wii, like other advances in rehabilitation, will help because of the neurological stimulation and hand to eye coordination involved.

Doug Landau and new friend at Smith Mountain Lake "Big Lick" Triathlon registration

For the 3rd time in his multi-sport career, Triathlon Trial Lawyer Doug Landau will compete in the Big Lick Triathlon at Smith Mountain Lake Park. This pristine man-made lake is one of the loveliest venues in the Virginia Triathlon Series (”VTS“). The last international distance triathlon of the year in the VTS this race always attracts a huge collegiate crowd and is a great time to spend some time in the western part of our state. This event is the official VTS Collegiate Championship, so the field is skewed toward Read the rest of this entry »