TheAthletesLawyer

On a warm August morning, a young motorist struck not one, but two cyclists traveling in a group of three in Loudoun County, Virginia.  The three experienced Reston Bicycle riders were heading West on that part of Route 50 where it narrows to only one lane in each direction.  The peloton had hoped to go to Paris, Virginia, take in the amazing view and then head back on the W&OD Trail in Purcellville.  The peloton never made it to Paris.

 The third, trailing cyclist was “clipped.”  He had a laceration on his hand and the defendant driver’s side mirror.  The second biker of the trio was not so lucky.  He was 3-5 bike lengths ahead, heard angry honking behind and was riding to the far right, so that the cars could pass.  An SUV passed him safely as he pedalled 12 MPH uphill.  The Reston biker was sideswiped and knocked unconscious.  When he came to, his ankle was broken.   Both bloodied, injured riders were taken by ambulance to the local hospital in Leesburrg.  Herndon lawyer Doug Landau’s client was operated on succesfully by a member of the skilled Town Center Orthopedic Group.

Where was the defendant driver going in such a hurry that early Sunday morning ?  How would  Herndon Lawyer Doug Landau  defeat the  driver’s claim that she did not make contact with the bicyclist, but instead he fell off his bike on the soft shoulder of the road !   The riders never saw what hit them.  What actions would the Triathlon Trial Lawyer take to defeat the defendant driver ‘s uncontradicted statements ?  See tomorrow’s post for the answers… 

What happens after a lawsuit is filed and after discovery is completed ? In many jurisdictions, the Courts want the injured cyclist and the Defendant drivers to settle their personal injury cases before trial. In an effort to promote fair, timely resolution of brain injury and head trauma bike crash cases, the Courts will refer injured cyclists’ cases to “Alternate Dispute Resolution.” This can take the form of: Arbitration, Mediation or Early Neutral Evaluation.

The injured Virginia bicycle tourist’s bike crash case was referred to Mediation in North Carolina. The trial team at Abrams Landau, Ltd. treats mediation of bike crash, head concussion injury and brain trauma cases like trial, preparing exhibits, evidence and testimony in order to get the best result for their injured cyclist clients. The “Special Damages” in the case were:

Wage loss:: $32,385.09

Medical bills: $25,601.11

Doug Landau flew to North Carolina with his client and presented the case at Mediation. The Athletes Lawyer explained that his client had to work 7 years in order to earn the Sabbatical. The injured cyclist’s lawyer Dog Landau further told the Court that this bicycle tour was the culmination of a life dream for the bicycle riding professor.

The Triathlon Trial Lawyer pointed out that to his client (and many others) the time spent AWAY from work may be more precious that the time spent at work. While this Abrams Landau client had made excellent progress from his closed head injury, brain trauma and herniated cervical disc, he still had residual pain, for which compensation was also sought. The Court agreed with the plaintiff’s lawyers arguments, and Landau got $150,000 for the disabled cyclist. This result was all the more remarkable as the Defendant truck driver only had $25,000 in car insurance coverage. The Athletes Lawyer noted that the Abrams Landau trial team’s preparation and hard work enabled the injured cyclist to get full compensation for his injuries AND wage loss.

Triathlon Trial Lawyer Doug Landau successfully mediated this college professor’s bike crash case in North Carolina.  In prior posts, the facts of this bicycle accident and the cyclist’s injuries were described.  Bicycle crash victims and other plaintiffs in negligence cases find that mediation can result in a fair result without the time and money expenditures caused by trial.

Herndon, Virginia Trial lawyer Doug Landau knew he had a strong case of liability (negligence) against the truck driver who hit his bicyclist client. The cyclist’s injuries were serious, and a lawsuit for the negligence of the driver was filed by Abrams Landau, Ltd., with local counsel, in Robeson County, North Carolina.

When the Insurance Company refused to pay for all of the injured athlete’s damages, Doug Landau filed the case in the local State Court. The Triathlon Trial Lawyer presented all of the evidence of the injured cyclist’s losses, in an effort to reach a fair compromise settlement. However, the Insurance Company refused to consider the injured cyclist’s loss of earnings. Because the bicycle tourist was “on sabbatical,” the Insurance Company for the negligent driver maintained that there was no “wage loss.” Defense Counsel for the trucker who hit the Triathlon Trial Lawyer’s client argued that since the Professor was not “at work,” there could be no wage loss for the disabled cyclist.

The Athlete’s Lawyer assembled the proof, exhibits and testimony necessary to defeat these defenses on behalf of the disabled biker. The professors who worked with the injured bike rider were prepared to testify that Mr. Landau’s client was previously: motivated, very active (he actually participated in the sports he was teaching) and physically fit (he would ride his bike to and from work, a round trip of over 50 miles !).

Since the accident, he has: gained weight, become depressed, and curtailed his activities. The injured bicycle rider also worked the night desk at a Loudoun County athletic club near his home, prior to the accident. After the crash, the injured Phys.Ed teacher was unable to return to that position, or join in the sports and social events that he was accustomed to participating in prior to the crash. This disabled biker had continuing symptomology as the result of this accident. Triathlon Trial Lawyer Doug Landau learned from the treating doctor that his injured client will need for future medical care as the result of his closed head injury. Cyclist brain injury cases present difficult issues, even when the bike rider is wearing an appropriate helmet and riding with reasonable care.

III. Damages

The cyclist sustained multiple injuries. The bike-riding professor also had a loss of consciousness when struck by the defendant who was traveling 45 m.p.h. or more. This crash caused the following problems for the injured bicycle rider:
a. Post-concussive syndrome and closed head injury;
b. Posterior neck pain and a central herniated cervical disc at C6-7;
c. Permanent partial disability rating to the dominant upper extremity;
d. Multiple abrasions, contusions and permanent scarring;
e. Arthritic changes and weight gain;
f. Depression;

This Abrams Landau client was a physical education teacher at a local Community College. The Triathlon Trial Lawyer knew the client from his second job at a Loudoun County Health Club. The injured cyclist had been with the school since 1974 ! At the time of the bicycle crash, he was earning an annual salary of $45,000.

The Community College’s documentation indicates their professor lost $4,457.33/month for the 7 month period the cross country cyclist was disabled. After his orthopedic treatment ended, the injured athlete and bicycle tourist had episodes of memory loss and loss of balance. However, the Insurance Company for the guilty driver would not accept full responsibility for the all of the injured bicyclist’s injuries.

Find out in tomorrow’s post how The Injured Athletes lawyer and the trial team at Abrams Landau, Ltd. got their disabled cyclist client full compensation…

I. Facts of the North Carolina Bicycle Tour Bike Crash

Abrams Landau client, a professor at a local community college in Virginia, was on the 13th day of a bicycle tour from Maine to Florida. This was his “dream vacation.” This ultra-fit middle-aged cyclist had worked for many years in order to earn the Sabbatical Time to ride the length of the East Coast. Then Doug Landau’s client was involved in a bike crash that brought his dram trip to an abrupt, and painful end.

Traveling North on U.S. 301, the bicycle tourist was struck by the Defendant’s truck and “thrown 107 feet coming to rest in the roadway” according to the Police Report. The Defendant’s Ford pickup truck sustained significant damage skidding and slamming into the bridge guardrail after the crash with the biker. The impact with the innocent bicycle tourist occurred as the Defendant’s car tried to go around the bike between two bridges. The professor never had a chance before the bike crash with the pickup truck.

Read more about this bike crash and injured cyclist in tomorrow’s post…