TheAthletesLawyer

When your friend with the bad driving record asks to borrow your car, a recent judge’s ruling should make you think twice before turning over the keys.  Virginia courts have long allowed lawsuits to be brought against the owner of a vehicle, even when that person was not behind the wheel when the accident occurred.  Traditionally, these “negligent entrustment” lawsuits were only allowed when the vehicle’s owner allowed a person he knew to be physically or mentally impaired to drive.  However, a Rockingham County judge has recently allowed one such negligent entrustment suit to be brought where the only “impairment” of the driver was his propensity for dangerous highway antics.

In this case the owner of the vehicle sat idly by in the passenger seat, while the driver continuously swerved off the road, tailgated other drivers, and drove the car into the oncoming lane.  By allowing the driver to continue these “road games” in his vehicle, the owner opened himself up to a large wrongful death suit when the driver eventually crossed the center line, killing an oncoming driver.

So, if you have a friend who you know to be a reckless driver, take a minute to think about your potential liability before allowing him to get behind the wheel of your car.  If his reckless driving ends up causing someone else’s injuries, it could be you sitting in the defendant’s chair, with your assets on the line.

If you have been harmed by the negligence or fault of a company whose employee or agent caused you injury, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as negligent entrustment claims require extra preparation and proof.

After hitting a bridge expansion joint on the Lee Bridge in Richmond and flatting out last month, Duathlete and bike injury lawyer Doug Landau noted with interest the case reported this month in the Hartford Courant. A Superior Court jury awarded a former mountain biker and children’s book illustrator $2.9 million for injuries suffered in a bicycle accident on land owned by the Metropolitan District Commission (”MDC”).   The jury ruled that the MDC had improperly placed a steel grate on a recreational path. According to the news report, the biker struck the steel grate and broke her neck.

The six-person jury awarded the money last week Friday to the injured athlete after finding that the regional water and sewer authority improperly placed a steel gate across a path within the Talcott Mountain Recreation Area. The 35-year-old Rocky Hill Plaintiff was biking on a trail in the area, also known as the West Hartford Reservoir, when she struck the gate, breaking four vertebrae in her neck in May of 2002.  The MDC had installed the gate to block motor vehicle access to the water. The MDC’s chief in-house lawyer said through a spokeswoman that the MDC was surprised by the verdict and intends to appeal.  For more on this interesting case, see tomorrow’s post

This was the crux of a notice Loudoun, Fairfax and Leesburg brain injury lawyer Doug Landau received in Charlottesville while preparing for the appeal of a brain injury case.

The Stroke Association wants people to know that strokes are the #3 killer in this country, yet many people don’t even know what they are. They don’t know that more of the brain can be saved if a stroke is detected and treatment is received immediately. Strokes begin when a blood vessel in the brain becomes blocked or bursts. Blow flow is cut off. Tissue is starved for oxygen, and parts of the brain die. If not treated quickly, abilities and productive life can be lost. Learn to spot the warning signs of a stroke or call 1-888-4-STROKE, and act quickly. Your brain is your most prized possession. Guard it with your life.

While riding his bicycle eastbound on Clarendon Boulevard, just past the intersection with Edgewood Street, another innocent biker was struck by a careless motorist today.  The cyclist was in the designated bicycle lane, as was the case with our client who was injured by a taxi turning into the Starbucks. See post.

In the area of this bike crash there are two lanes of eastbound traffic, then the bike lane, then a parking lane to the right. The parking lane was filled with parked cars so the cyclist was blocked to the right, and traffic was moving on the left. Suddenly, and without any warning, the BMW swerved from the traffic lane, across the bike lane, trying to get into a set of two open parking spots (So as to drive through the rear of the two and park in the forward one, without having to back up into a spot).

The BMW cut the biker off and flipped the cyclist over his handlebars.  Striking the cement, the cyclist had injuries to his face, hands, elbows and leg.  Eye witnesses immediately called the police and an ambulance.  The BMW driver was ticketed at the scene, but as many drivers well know, this does not mean that he will be found guilty, convicted or made to pay any restitution.  The biker has lacerations on his face, pain and difficulty seeing.  In addition, his bicycle sustained damage that will form the basis of a property damage claim.  Everyone at ABRAMS LANDAU wishes the innocent cyclist a speedy recovery.  We hope that he is able to get back “in the saddle” soon and resume his enjoyable cycling.  If you, or someone you know, has been injured while riding their bike, please call us or e-mail us at once.  Experienced bicycle crash lawyer Dog Landau notes that “after the Traffic Court trials, it is very hard to properly investigate and prepare these claims for successful resolution.”

When a friend showed up at the offices of ABRAMS LANDAU after an adult ice hockey match with a fractured orbit and impressive shiner, Ashburn and Reston sports injury lawyer Doug Landau looked into the injury, frequency and steps to prevent such head and facial trauma.

Orbital blowout fractures are cracks or breaks in the facial bones surrounding the “socket” that houses the eyeball. Orbital fractures of the facial ones surrounding the eye can result from such blunt trauma as getting hit by an ice hockey stick, puck or opponent’s elbow. Blows to the face and head can result in concussion, loss of consciousness and orbital fractures and eye injury. Wearing face masks has dramatically reduced the risk of eye injuries, including orbital lacerations and facial fractures. In players wearing partial or no protection, eye trauma resulting from a stick, puck, or elbow can cause hyphema, orbit fracture, retinal detachment, or globe rupture. According to The Journal of Musculoskeletal Medicine, no blinding eye injury has ever been reported in a hockey player wearing full facial protection.

Total head and face protection is essential for any collision sport. In ice hockey, the risk of eye injury is not so much from collision as from a flying puck. The use of face masks in amateur ice hockey in Canada led to a 66 percent reduction in eye injuries, as reported in the Textbook of Orthpaedics, Trauma & Sports Medicine

Bottom line: players should wear head and face protection in ice hockey games and practices in order to prevent eye, face and head injury.

The Annual Goblin Gallop at Fairfax Corner feature a fast field, with Masters road runners showing late season running speed in this popular race.  Linda Foley, Steve Robinson and Neal Reimenschneider  (shown here with Herndon injury lawyer Doug Landau).  Reimenschneider was the co-director of the hugely popular Winchester Triathlon and he still puts on and covers a number of events in the Shenandoah Valley area while still racing at a high competitive level.  Both Reimenschneider and Landau copped Age Group Awards.  The Goblin Gallop 5km raises funds for the non-profit John Quadrino Foundation, which helps families fighting childhood cancer.  The Foundation responds to grant requests made by health care professionals on behalf of patients’ families.

"Mr. Incredible" (a.k.a. "Super Lawyer" Doug Landau) and exceptionally fit international W&OD Trail skate tourists in Herndon

International skate tourists rolling over the W&OD Trail from Maryland and D.C. and a “Super Hero” “Super Lawyer” were both spotted in downtown Herndon at Great Harvest. A couple from Denmark have been incredibly skating the famous trail, covering more miles than most cyclists ! And Herndon injury and disability lawyer Doug Landau, who was once again named to the region’s list of “Super Lawyers,” celebrated Halloween as “Mr. Incredible.” Mrs. Landau made his costume (as well as her “Mrs. Incredible” outfit for their daughter’s high school’s annual costume parade !). The staff at ABRAMS LANDAU would not let “the big guy” get out of “uniform,” so he spent the day visiting with clients, much to the delight of their children.

In addition to this being a “causal dress day,” the staff was treated to chair massages by client Dee Schools, who has her own wonderful practice and comes to offices and private homes in order to make people (and “Super heroes”) feel better and return to work reinvigorated and relaxed. We know that everyone at ABRAMS LANDAU enjoyed her skills and spirit.

Bicycle safety and injury advocate Doug Landau making sure a cyclist is properly sitting on his stationary bike at the Herndon Bike to Work festival

Fairfax Advocates for Better Bicycling (”FABB”) met with City of Fairfax Police Chief and Sargent Pam Nevlud to provide comments on the city’s new bicycle safety website. FABB asked that the website put less stress on the dangers of cycling and more on the many positive aspects of cycling. Bicycling is no more dangerous than many other common activities. In fact, the health benefits of cycling outweigh the dangers. FABB discussed the importance of bicycle education at all levels and plans to co-sponsor a bike rodeo with the police in the spring.

FABB members manned a booth near my own during the annual “Bike 2 work” festival in Herndon.  The FABB explained its positions on various issues and is genuinely concerned about  bike commuting, touring and biker safety.  The Bike to Work day also featured free information about cycling safety, biker injury and prevention of bicycle and car crashes.  For other news and articles of interest, visit the FABB blog.

pierre & doug

Opening November 9th HPC Computrainer classes in “downtown” Herndon.

HPC’s Pierre Pelletier and Susan Hefler will be offering the VO2 testing, Bike fitting, Bodywork, and the Computrainer classes. Once HPC (”Hefler Performance Training“) gets up and rolling, they will also offer Time Trial Competition, strength and conditioning classes, and yoga.  They are making the pink bank building next to Great Harvest Bakery  are making the space multi functional.  The address is 783 Station Street, Herndon, and registration is now open at: www.bikereg.com.

For those that know the W & OD bike path, it is right off the bike path after you cross Elden Street. That next crossing is Station Street (heading west) and you would make a right off of the bike path @ Station Street, about one hundred yards from the Landau Law Shop.  The photo was taken today as Herndon bike injury lawyer Doug Landau finally met Pierre as he was walking back from the last Herndon Farmers Market of the year.

Pierre will be doing bodywork and bike fitting, and they will have the spin scan up and running for pedal stroke analysis.  There will also be VO2 testing and the coaching work.  Babes on Bikes classes/ Ladies only have been set up for Monday and Friday @ 11AM. HPC is opening early bird classes for the people who prefer working out as a start to their day.   In the new space they will have between 12-14 Computrainers and as such will many times break classes into 2.

Hefler Performance Coaching (”HPC”) has 2 completely separate systems going. So this should make things much better to accomodate all ability levels. Remember the indoor training is all about training oneself. Ms. Hefler points out, “I know it gets competitive in the classes, but you all really wanna focus on your own goals. I will try and make this happen for as many people as possible, and have different level classes available at most all sessions. Of course if you all want to hammer, we can all go advanced.

Please send me thoughts. We really built this for the athletes’ and as such, ideas are always welcome. We want to make this a sensational training center for ALL.

I look forward to CRANKIN the Tunes!!!!”

Cheers, Susan Hefler
571.212.2895
shcoaching@comcast.net

Jurors heard arguments this week in a case that questions the safety of aluminum baseball bats, the Helena Independent newspaper reports. The lawsuit stems from the 2003 death of a Miles City Mavericks baseball player who was struck in the head by a ball hit with an aluminum bat manufactured by Louisville Slugger. The advantage of the aluminum bats is that they do not warp, splinter or break like wooden bats, though some contend they are more dangerous if thrown and when they strike a baseball. Prince William baseball injury lawyer Doug Landau notes that while the aluminum bats may avoid the cold weather “stinging hands” that he encountered in little league, the aluminum bats seem to send the balls at tremendous speeds back at the pitcher or toward other infielders who may not have the necessary reaction time to avoid danger and permanent injury. These baseballs hit at the athletes’ heads could prove fatal, as was the case here.

Attorneys for the plaintiff argue that aluminum bats allow hitters to strike the ball with such force it creates significant danger for other players. Plaintiff’s counsel told the jury, “The eyewitnesses watching the game will tell you they couldn’t see the ball until it ricocheted off his head,” attorneys argue the case is not a freak accident. Baseballs hit with aluminum bats, such as the one used in that American Legion game, only give pitchers milliseconds to respond in a defensive stance. The average is about 400 milliseconds, according to plaintiff’s counsel. They contended the pitcher who received the fatal injuries only had about 376 milliseconds response time.