TheAthletesLawyer

The recent verdict from Montgomery County, Virginia underscores what Herndon lawyer Doug Landau has been emphasizing for years: that contrary to what many injured athletes think, the amount of medical bills and lost wages are not subject to some “formula” to calculate settlement or likely verdict outcomes.

In the Blacksburg Virginia Triathlon case, a bicyclist crashed into a car when it ran the stop sign 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.

The deadly accident during the 2000 Blacksburg triathlon results in a second jury verdict.

A woman has won a lawsuit against the town of Blacksburg over a deadly triathlon accident back in 2000. Gary Wayne Taylor died when his bicycle hit a car at an unpatrolled intersection. The driver of the car, Sharon Knight, sued the town of Blacksburg and the race director. A fortnight ago, a Montgomery County, Virginia jury found her in favor, awarding her $350,000. Read the rest of this entry »

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 However, this outdated and harsh defense does not apply as strictly to children injured in bike crashes, recreational activities and sports accidents.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 »

So what happened to the young triathlete who was in the crash within sight of the Eagleman Triathlon finish line ?

Like many fit multisport athletes, he healed quickly, and returned to training and competition the next season. The Plaintiff is a friend, teammate and training partner of Mr. Landau has since the case settled, relocated from Sterling to California, in order to attend law school ! Because he was able to produce documentation as to the cost of his racing bike, he was reimbursed in the property damage claim fairly soon. However, the injuries to his body took longer to heal and the bodily injury claim settled after he had surgery and physical therapy. Representing injured athletes poses special challenges and rewards for The Athletes Lawyer, Doug Landau. One of the hard parts of these cases is keeping the IMpatient client “on the sidelines” so that he does not undo the good work that has already been done by the treating doctors and therapists. Mr. Landau’s client in this Maryland bike crash case was treated by the excellent doctors and sports medicine specialists of Town Center Orthopedics in Reston, Virginia (www.towncenterorthopaedics.com). Drs. Thal, Fleeter, Kartalian, et al., volunteer their time and services at the Reston Triathlon every year, and are also a sponsor of this event.

Triathlon Trial Lawyer Doug Landau was able to negotiate a settlement of the bodily injury case with USAA, the negligent Defendant’s automobile insurance company. The Abrams Landau client had wage loss from his job, permanency to the left shoulder post anterior capsulorrhaphy surgery (for the large flap labral tear, glenohumeral capsular tear and rotator cuff tendonitis); as well as other items of loss such as medications, travel expenses for medical treatment, etc. Because of his aggressive post-operative therapy and exercise regiment, and in no small part due to his excellent physical shape pre-crash, the Plaintiff had only a 5% permanency rating to the shoulder according to Dr. Thal. This board certified orthopedic surgeon has operated successfully on other Landau Law Shop clients, including other multi-sport athletes and cyclists. Dr. Thal is also seen on television when he and Dr. Kartalian are on the sidelines as the Washingtion Redskins team physicians.

As he approached the end of the Eagleman Half Ironman Triathlon bike course, with the finish line in sight, our client was struck broad side by a motorist who just could not wait…

The Eagleman Half Iron Man Triathlon has competitors from all over the world and is one of the top races in the country. The race sells out almost as soon as registration opens, and many athletes plan their season around this popular and challenging event. There were ample volunteers, and the Columbia Triathlon Association (CTA) does a wonderful job of More…marshalling its courses and putting on safe races. [For CTA events and information, go to www.tricolumbia.org]

Doug Landau has participated in shorter CTA races such as the Blackwater Duathlon (run-bike-run). The Triathlon Trial Lawyer intends to again compete in the ultra-competitive Columbia (MD) Olympic Distance Triathlon on May 18, 2008. Race Director Bob Vigorito is nationally known for putting on world class events and giving back to the triathlon and multisport community. He is generous with his time and resources but even the most prescient RD cannot prevent every mishap, injury or intentional recklessness.

SO, no matter how fantastic the race and its reputation, race volunteers on foot are no match for inconsiderate and negligent drivers. It is incumbent upon every competitor to use ALL THEIR SENSES so that accidents can be avoided and injuries prevented. Continued tomorrow…

“Virginia is for Lovers,” proclaim the bumper stickers and signs. But Virginia Law does not love injured cyclists, bicycle tourists, racers in the peloton and triathletes. Even though a bicycle rider may have sustained cuts, bruises, broken bones and even brain injury, the biker must still prove the negligence (fault) of the driver who caused the crash.

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Contributory negligence is a complete bar to recovery in Virginia. This means that if the jury finds the Defendant is 99% at fault and the Plaintiff is 1% at fault, the Plaintiff cannot recover any of her damages. In many other states, if the injured bicyclist has $10,000 in losses, but is 10% “at fault,” she can still recover $9,000. Multi-state lawyer Doug Landau of Abrams Landau, Ltd., (shown here safely riding a stationary bike indoors during a spin class brick session)  points out that in Virginia, contributory negligence is a COMPLETE BAR to an injured cyclists recovery. The Triathlon Trial Lawyer notes that is imperative that bikers and drivers alike Read the rest of this entry »