TheAthletesLawyer

Bike crash and jogger injury lawyer Doug Landau at the Herndon General District Traffic Court

Just because there is no Traffic Court Hearing does NOT mean that the Defendant who got the ticket at the scene of the bike crash gets off scott free, according to Herndon, Loudoun bicycle crash lawyer Doug Landau.  The former prosecutor with the State’s Attorney’s Office adds that the fact that there was no hearing, findings or transcript from a Virginia General District Court trial does not automatically mean that the citation was dismissed.  Landau points out that ticketed Defendants often pre-pay the fines or fail to show up for court.  In both cases, according to Landau, a “guilty” plea is entered in the Court’s records, the Commonwealth of Virginia’s computer index and the Department of Motor Vehicles’ driver history.  The Virginia Code section for procedure in Traffic Court for guilty pleas and pre-payment can be found at § 19.2-254.1. Procedure in traffic infraction cases.

• In a traffic infraction case, as defined in § 46.2-100, involving an offense included in the uniform fine schedule established pursuant to § 16.1-69.40:1, a defendant may elect to enter a written appearance and waive court hearing, except in instances in which property damage or personal injury resulted. Arraignment is not necessary when waived by the accused or his counsel, when the accused fails to appear, or when such written appearance has been elected.

• An accused may plead not guilty, guilty, or nolo contendere; and the court shall not refuse to accept a plea of nolo contendere. A plea of guilty may be entered in writing without court appearance.
• When an accused tenders payment without executing a written waiver of court hearing and entry of guilty plea, such tender of payment shall itself be deemed a waiver of court hearing and entry of guilty plea.
• In districts with traffic violations bureaus on July 1, 1977, the chief judge of the district may designate the traffic violations bureau for the receipt of a written appearance, waiver of court hearing and guilty plea.

If you, or someone you know, has been injured in a car crash accident, whether or not the person who crashed into has been charged or received a ticket, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date.  We have FREE information that can help you, even if we do not end up representing you.

WRONG !  Herndon car and bike crash lawyer Doug Landau wagers that we all know someone who was issued a speeding or other traffic ticket, only to have it dismissed, reduced, or “beaten.”  Just because the person who caused a crash got a ticket DOES NOT AUTOMATICALLY mean they are “guilty” in the civil personal injury case.  The ABRAMS LANDAU Trial Team has seen many cases where the Defendant was issued a ticket and their insurance company still denied the claim of the injured plaintiffs.  What’s more, according to former Florida State Prosecutor Landau, many tickets are dismissed, not prosecuted, beaten and even appealed.  That is why it is so critical to take proactive steps after a car crash, EVEN IF THE OTHER DRIVER IS GIVEN A TICKET ! If you, or someone you know, has been injured in a car crash accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date.  We have FREE information that can help you, even if we do not end up representing you.

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.

Herndon Injury and accident lawyer Doug Landau was contacted this week by the news in follow up to a fatal hit and run. Our client was crossing the street across from the amusement rides where he worked when a car crashed into him and then fled the scene. Our client sustained fatal injuries and died shortly after the impact with the car. The police have found a car with damage that matches the impact with my client’s body, and they are tracking down the owner and operator. No charges have yet been filed, and it appears that the car was reported stolen. However, the car crash happened at about 9 PM, and the stolen vehicle report was not made until several hours later. The client’s family has made arrangements and we have filed a claim on their behalf. However, until the police investigation is completed, what actually happened will be unclear.

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.