TheAthletesLawyer

A good insurance company should look at the same factors that a judge or jury would look at  in Court.  These would include the following items:

1. Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
2. Loss of Earnings (past and future)
3. Damage to the bicycle and other personal property
4. Permanent impairment of the injured arm, leg, etc.
5. Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
6. Your life expectancy.  In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
7. Any increased risk of arthritic changes, bone and joint disease and re-injury
8. Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
9. Did the injured cyclist attempt to mitigate her damages ?
10. Was the injured biker at all at fault in causing the accident ?

For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“

While injuries are often part of game, occupational disease and infection cases are rare in professional sports.  Athletes lawyer Doug Landau has seen excellent professional, collegiate and high school athletic facilities as well as others that were less than hygienic. According to the Cleveland Plain Dealer newspaper, the Cleveland Browns have reached an undisclosed settlement with former wide receiver Joe Jurevicius in a lawsuit he filed against them after he contracted a staph infection in his right knee during practice. According to the Cleveland Plain Dealer, the pro footballer claimed in his suit that the Browns did not sterilize their Berea facility properly, resulting in his infection. The infection caused Jurevicius to miss the 2008 and 2009 season and lead to his retirement. Jurevicius was one of six Browns players who contracted a staph infection between 2003 and 2009.

If you or an athlete you know has contracted a disease, infection or become disabled due to negligence off the field, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to get prompt correct medical care and to secure the evidence of the harmful practices that lead to the harms to the amateur, college, high school or professional athlete.

Doug Landau at the 20 mile marker of the W&OD Trail by the caboose in Herndon, Virginia, about 100 yards from the ABRAMS LANDAU buildings

In a word, “yes.”  Not including my own crashes while commuting, racing or just riding, I recently caused another rider to fall.  While riding with the Reston Bike Club, I got carried away talking to a new acquaintance.  I caused another rider to go off the the lip of the road – there was no shoulder, as it was the new construction near Shaker Woods in Herndon, Virginia.  Luckily the young cyclist, a Pharmacist with Prosperity Pharmacy suffered some scrapes and road rash but no more serious injury and is back riding (I later saw her again at the Reston Century !).  I have also since ridden with the Reston Bike Club “4s” as well as the 3s and 2s.  Riding with the Reston riders is fun, great exercise and I believe safer than riding alone sometimes.  I usually carry a small first aid kit as well as a phone, just in case another rider has a fall.  Hopefully, the rest of my 2010 bike riding season will be safe and uneventful…

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.

While sports injury lawyer Doug Landau is frequently contacted to help an injured runner or biker, even in cases where the driver or other party is at fault, if there is no coverage or ability to pay for the harms caused, then it may not be a wise move to  go forward with a claim.  In other words, even if the ABRAMS LANDAU trial team wins the case, if no recovery can be made for the injured athlete, then it may not be a smart move to litigate the matter.  Recently, the question came up, if a runner is run over by biker, is there insurance coverage to pay for the injuries and losses sustained ?

While the automobile insurance probably would not pay, since the accident did not involve “a motor vehicle,” the defendant driver’s homeowner’s insurance policy may be a source of funds to pay for the damages.  And in a case where a bike crashes into another bike, the homeowners insurance may also be able to pay for the harms caused by the careless or negligent rider.  Absolutely.  Even renter’s liability insurance may be collectible in a case brought against a careless bike rider who causes serious personal injury to a runner, biker or other person on the road, bike path or sidewalk.

If you or someone you know has been injured in a bicycle, running or pedestrian accident or an insurance company is denying their injury claim, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to investigate these cases as soon as possible after the crash.

USAT CEO Skip Gilbert and Triathlon Trial Lawyer Doug Landau at the USAT Duathlon natinal Championsips in Richmond, Virginia

As a Sprint Triathlon and Aquathon All American, as well as an Olympic Distance Honorable Mention award winner, Herndon multisport athlete and attorney Doug Landau feels that it is important to support the national governing body and the people who volunteer their time so that races can be conducted safely.  Over the years, Lawyer Landau has contributed to become a “gold member,” directed, sponsored and volunteered at athletic events.

USA Triathlon is proud to serve as the National Governing Body for triathlon – one of the fastest growing sports in the world – as well as duathlon, aquathlon and winter triathlon in the United States. USAT sanctions 3,100 races and connects with more than 133,000 members each year, making it the largest multisport organization in the world. In addition to its work with athletes, coaches, and race directors on the grassroots level, USAT provides leadership and support to elite athletes competing at international events, including World Championships, Pan American Games and the Summer Olympic Games.

ABRAMS LANDAU Trial lawyer Doug Landau has helped clients injured by potholes and other roadway defects.  One case in the District of Columbia involved a pothole that swallowed the ABRAMS LANDAU client’s front wheel while driving under L’Enfant Plaza in Washington, D.C.  Another client of cyclist lawyer Doug Landau was injured when his bicycle tire went into a hole on the Virginia bike path that was filled with water so it was impossible to see the dangerous condition.  Recently brought to the Herndon Reston injury lawyer’s attention was a lawsuit over a pot hole accident that settled in Missouri.

According to the Kansas Star, Jackson County Missouri, has agreed to a $270,000 settlement in a lawsuit filed by a cyclist who crashed his bike in a pot hole last summer. The plaintiff in this personal injury lawsuit was riding his motorcycle in east Jackson County when he pot hole ankle-deep and as wide as his arms, his lawsuit claims, suffering serious injuries. The suit alleges the county was previous aware of the dangerous pot hole but had done nothing to fix it.  Where there is a dangerous condition and sufficient “notice” such that the landowner knew or should have known about it and fixed, warned or taken other action to prevent foreseeable injuries, the law may affix liability and hold such a defendant liable for all of the Plaintiff’s reasonable and related losses.

If you have been harmed by the negligence or fault of a landowner, occupier, maintenance company or management group, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

The scene outside my neighborhood this morning after the rush hour bike crash just East of the Fairfax County Parkway, Virginia Route 7100 on West Ox Road

As I left my Oak Hill neighborhood this morning, I was immediately stopped because a biker had apparently been hit by a car and badly injured at West Ox Road and Ashburton in the Herndon – Oakton Woods area of Fairfax County.  Emergency Medical responders and Fire and Rescue teams were dispatched quickly.

EMTs assess, secure and prepare to transport thte injured biker this morning after an apparent crash at West Ox Road and Ashburton, in Oak Hill, Virginia

The EMTs and ambulance came to the scene of this rush hour bike crash and immediately set about to assess and then treat the injured athlete.  This car and bicycle crash occurred between Oak Farms Drive and the Fairfax County Parkway (Route 7100), about exits North of Fair Oaks Hospital.  The injured cyclist was being loaded onto a stretcher and had been placed in a neck brace to protect his neck from spinal cord damage as we were allowed to pass.  It brought home the fact that bike crashes can happen around the corner as well as far away on the trails, tours and race courses.  Our thoughts and prayers go out to the injured cyclist and his family, and we hope that he gets appropriate medical care and recovers quickly.

If you or someone you know has been injured as the result of a bike crash, car accident or sports injury, please contact us by e-mail at ABRAMS LANDAU or call (703)-796-9555.

Landau gets a prize at Broadlands, but no PR

Thinking he had ripped a new PR at today’s Sprint Triathlon, Broadlands bike injury lawyer Doug Landau went through the first loop in 15 minutes and cruised into the transition area at almost exactly 30 minutes.  However, the course was slightly shorter than the advertised 12 miles, so instead of 24 MPH average bike speed, the Herndon and Loudoun lawyer cycled 22.8 MPH.  Nevertheless, the Loudoun, Prince William and Fairfax bike crash injury lawyer finished in the top 10 out of some 270 multipart racers.  Starting in the 60th position, Landau’s goggles failed immediately during the well run 400 Meter outdoor pool swim.  The triathletes divided into “odds” and “evens” and started every 15 seconds according to their swim seed time.  Landau predicted 7:40 and managed 8:08.  The distance was a 400 meter “snake swim.”  In other words, swimmers moved into the next lane after each lap.  So, for those who swim in 25 yard pools, this was akin to almost 19 lengths.

College roommates team up to "tri" the Broadlands Sprint Triathlon in Loudoun County, Virginia

The Infinitive Broadlands Sprint Triathlon ends with a 5k run.  In the August running of the “Dog Days of Summer” triathlon along the same course, no one broke 20 minutes.  The run is an out & back through Broadlands trails, tunnels and sidewalks. There were water aid stations that caused Landau’s Newton racing flats to lose their sockliner !  The thin “floor” of the shoes quickly turned into “sponges,’ soaking up sweat and water thrown on his head.  But, using clear iodine and running barefoot helped the hardened triathlete – trial lawyer so that he had no blisters after the race.  In fact, Landau went for a swim to “cool down” after the race and cheering on other finishers, including Alexandria General District Court Judge !  “Oyez, Oyez, Order on the Course !”

Doug Landau checking out the transition area at the Broadlands Triathlon in Loudoun County, Virginia

Tomorrow is the Infinitive Sprint Triathlon in Loudoun County, Virginia.  This triathlon, which starts at Broadlands Outdoor Pool off of Village Drive in Broadlands Virginia with a pool swim, then heads out to Claiborne Parkway for the bike and on the Broadlands trails for the run. This is a great first timers event and a fun challenging course for those with experience.  Bike injury lawyer Doug Landau has done other races managed by Tri Performance at South Riding, Worldgate, Herndon and Loudoun County, and Brian and Alissa Crow do a marvelous job of creating and pulling off fun, safe fitness events.

Could this be the "Crow-mobile" for Coach Crow ?

Usually triathletes and endurance athletes take a day or two off before a competition.  Many long distance athletes “taper” before “the big event.”  However, for races under 90 minutes, triathlon trial lawyer Doug Landau will often train right up to and even after the race.  Swimming today helps “flush out” the waste byproducts from a hard week of work and training, and swimming after the race will reduce the post-competition soreness that often hinders older athletes’ resumption of training.  As an award-winning masters triathlete and road runner, Landau is careful not to “overdo it” in the days leading up to a race.  But, a little non- impact exercise the day before a short sprint race should not impair performance  or recuperation or lead to excessive post-race soreness.