TheAthletesLawyer

A wrongful death lawsuit has been filed by the estate of a deceased cyclist in Maryland against a truck driver and his employer after the driver accidentally hit and killed a bicyclist last summer.  The 67-year-old biker became caught in the rear wheels of the truck as it made a right turn. The civil lawsuit claims that the driver was negligent because he failed to signal for the turn and did not look to see if “it was clear and free of traffic – cyclists or pedestrians.” The lawsuit alleges driver negligence and is seeking $5 million in damages according to the Baltimore Sun.

The biker was riding his bike south on Maryland Avenue behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right on Lafayette Avenue, in the Charles North neighborhood, police said at the time. The bicycle rider died at the scene.  The attorney representing the biker’s family, contends that the truck driver and his employer were negligent because a surveillance video shows the driver turned right without signaling.  Also, “he took a right turn without making sure it was clear and free of traffic – cyclists or pedestrians,” added plaintiff’s counsel.  Furthermore, the lawyer for the cyclist contended that the rider was not at fault because laws require bicyclists to stay with the flow of traffic, as far to the right as possible.

But investigators found that the cyclist was at fault because he was riding in parking lanes and tried to pass the truck on the right, which is illegal in Maryland, according to a city police spokesman.  Police investigators concluded that the biker drove into the truck.  No charges were filed against the trucker. The truck, a loaded fuel tanker, did not stop after the accident, but investigators do not believe the driver was aware of it. According to the accident report, police found a vehicle two days after the collision at a Falls Road service yard that matched the one in the surveillance video. DNA testing of hair and blood on the truck’s tires confirmed that the samples belonged to the Defendant truck driver, however, according to a police spokesperson, “it was inconclusive as to what caused the accident.”

The parents of a 7-year-old boy who died on an amusement park ride have tentatively settled their lawsuit against a New York county for $1.25 million.  According to the NBC news report, the Defendant County also agreed to set up a scholarship in the boy’s name.  The settlement was announced in the state Supreme Court in White Plains.  The boy’s parents, from Norwalk, Connecticut, had accused Westchester County of negligence in their son’s August 2005 death as the county owns the amusement park.  The boy was on Playland’s Ye Old Mill, an indoor boat ride.  He got out of his boat soon after the ride started and somehow ended up in its channel of water, dead from a blunt head injury.  Officials acknowledged that the ride was understaffed.

Town of Herndon and Leesburg injury lawyer Doug Landau has represented the families, workers and children who have been injured at playgrounds, amusement parks, fairs and circuses.  If you or someone you know has been injured or involved in a fatal accident at an amusement park, fair, circus or playground and has questions about the laws governing claims for restitution, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

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.

Even during optimal long distance running conditions, fatalities occur. The deaths of 3 runners during the Detroit Marathon races underscore the importance of seeing your doctor and having regular check ups when undertaking physically challenging exercise events such as the marathon or half marathon. Despite plenty of fluids and careful pacing, Doug Landau collapsed at the finish line of his first half marathon while competing for the United States Maccabiah team in 2005. Recovering from leg cramps over the next several hours, the Herndon Reston area sports injury lawyer noted that he had fully prepared for the heat, but the distance was challenging. Landau has since run another half, in Cambridge Maryland, where he won another age group award, but was freezing from the cold !

Runners who collapse or suffer heart attacks are rare, but checking with your doctor before racing is a good idea.

In the Michigan running race, all three men collapsed without explanation, though the cold weather was not thought to be a factor. According to the Detroit Free Press, it was some 41 degrees at the time, which is considered good for such long distance racing.  The Detroit Free Press/Flagstar Marathon yesterday had more than 19,000 people registered to participate in its 32nd running. There were at least six medical stations on the race course and emergency personnel were on the scene within seconds.

Deaths at marathons are relatively rare. The last death at the Detroit event was in 1994 when a 42-year-old man died of a heart attack after running more than 20 miles. Every runner must sign a medical release form, and they are encouraged to talk to their doctors before they run the race. “On a day when so many people bring such energy and challenge themselves to do their utmost, this news is very difficult to hear,” said Free Press editor and publisher Paul Anger said. “Our deepest sympathies are with the families.”

Doug Landau works hard at being the best lawyer for his injured clients and the best Master triathlete

While preparing for several Fall trials in Virginia, New Jersey and Florida, Doug Landau was also finishing up his multi-sport season after strong finishes in several local sprint triathlons. Imagine the TriathlonTrialLawyer’s surprise when he was notified that he was selected for inclusion in Best Lawyers, which is based entirely on peer review. According to the Best Lawyers website:

“For 25 years, the top lawyers in the U.S. have helped make The Best Lawyers In America the leading legal referral guide by candidly evaluating the work of other top lawyers in the same specialties and geographic areas. In large legal communities (such as New York City and Washington, D.C.), lawyers are asked Read the rest of this entry »

Doug Landau & Sandra Rohrstaf, VTLA President, at the Brain Injury "Miracle Mile" 10 km running race

At the Brain Injury Association’s annual “Miracle Mile” road race, I had the pleasure of not only being a volunteer, but seeing friends from the Virginia Trial Lawyers Association, including VTLA President elect Sandra Rohrstaf.  VTLA provides its members with Professional Development in the form of outstanding Continuing Legal Education (CLE), several of which I and my staff attend every year in order to keep up with the latest developments in law, medicine and legislation.

VTLA also publishes “The Journal,” an award-winning quarterly magazine which features practical articles on trends in Virginia trial law. I have written for “The Journal,” which is a peer-reviewed publication that is now also available online.  VTLA also has several ListServers, whereby we are able to network by email with other VTLA members on nearly every subject area. Through E-Clips, I and other VTLA members receive a daily news service that highlights the latest legal news.  Lastly, our Annual Convention presents top-rated CLE programs, opportunities to meet prominent judges, Virginia’s and the nation’s top legal experts and colleagues.  Having served on the VTLA Convention Committee for many years, I am proud to say that our annual meetings are well attended, full of worthwhile programming, educational opportunities and inspirational presentations.  I know that Sandra will continue VTLA’s tradition of excellence and advocacy for the victims and the disabled who would otherwise have no voice.

The Kit Callahan "Miracle Mile" for brain injury survivors is an inspiring (and perspiring) event !

Often inspired by clients, I was particularly struck by the endurance of a woman who I had only recently met.  She had come to ABRAMS LANDAU at the recommendation of the Brain Injury Association and another Loudoun County trial lawyer.  This woman was in a massive truck crash while on the job for FEMA.  She had been dispatched to assist with the Federal Governments flood response in Iowa.  She sustained multiple injuries, including traumatic brain injury.  She was an innocent passenger in a van driven by a co-worker.  While she did receive some workers compensation benefits, the Federal Comp system provides limited assistance, and we looked into a third party liability case on her behalf.  This young woman was remarkable for the fact that she has sustained permanently disabling leg and spine injuries prior to this crash, which she had significantly overcome in order to gain her present position.  Bright, attractive, articulate and hard-working, the van crash was devastating to her.  Nevertheless, she has returned to work and does the best she can.

The Landau law Shop, working with Iowa counsel, looked into the viability of a personal injury lawsuit in order to get this deserving woman compensation and restitution for all that was taken away from her by this crash.  Unfortunately, just as the case in the Commonwealth of Virginia, her case was barred under Iowa law that prohibits lawsuits against co-workers or an employer if there is workers compensation insurance.  The so-called “umbrella” of workers compensation coverage protects employers and co-workers from lawsuits for negligence.  I had the unhappy task of informing her that our law firms could no go forward on her behalf.  I then saw her at the “Miracle Mile” where she not only walked, with her cane, the entire 10 km. course, but she then rode her bike to a nearby gym, where she worked out and put my efforts at the Olympic Distance Triathlon the day before in stark perspective.  She is the true champion, and my accomplishment pale in comparison.  I tip my hat to you CD.  Well done.

Masters and Age Grop prize winners put their "best foot forward" at the Lake Anna Marina, Bumpass Virginia sprint triathlon

Competing in his last race of this year’s Virginia Triathlon Series, Spotsylvania and Fredericksburg injury and disability lawyer Doug Landau managed to get first place in his age group.  Managing 12:21 for the 750 meters  in the shallow crystal clear heated lake Landau found himself in 11th place in his age group.  The swim begins with an in water start with the course going around the transition area and the finish line. Spectators could walk around the race site and never be more than 150 yards from away. This section of Lake Anna is unique in that the water coming into this section is used to cool the power plant and is a good 6-10 degrees warmer than the rest of the lake. The water was 72F in 2006 and 77F in 2007 and 74F in 2008 which is pretty nice for October!  The super fast rolling bike and run courses are located just 45 minutes SW of Fredericksburg and 45 minutes NW of Richmond at Lake Anna Beach Marina.   As this was the final race of the 2009 Virginia Triathlon Series, there were athletes from the Tidewater area, Western Loudoun County, as well as Maryland, Pennsylvania, California, North Carolina, Texas, West Virginia, Nevada and Washington, D.C.!

In most of his races this season, Landau is not passed once on “dry land.”  Making use of a quick transition, good enough for 3rd, the Triathlon Trial Lawyer biked 33:34 over the rural roads of Louisa County, good enough for second place. Another fast transition in under a minute put the disability, accident and sports injury lawyer within striking distance.  In the heat Landau was able to manage a 21 minute 5k for 1st in the grouping, with a total time of 1:09:06 for this hotly contested sprint event.  Unfortuantely, Landau did not compete in 5 Virginia Triathlon Series events, the new requirement for overall series awards.  Had he done another race at the level of his other 4, he would have finished in 3rd place, behind a client who finished in first place !  At this time, Landau does not again plan on competing in the series in 2010.  After all, he will be competing as a “Grand Master,” and thus hopes to focus on the USAT Duathlon, Olympic Distance and Sprint Triathlon Age Group National Championships as a 50-year-old.

Triathlon Trial Lawyer Doug Landau and 6 time Ironman World Champion Dave Scott

Even an experienced cyclist like Six time Ironman world champion Dave Scott can get struck by car while cycling.  While riding in his home town of Boulder, Colorado, Ironman Champion Dave Scott was hit by a car while on a training ride.  Witness at the scene of the accident report that Scott was conscious and talking after being struck, and that it looked to them like the car accident had potentially broken Scott’s collar bone or separated his shoulder with other multiple cuts on his legs and arms.  News reports indicate that the bike crash took place as he was riding down a hill and a car suddenly made a U-turn in his path.  The motorist was from out of town and was looking at real estate signs.

According to a biker who came on the scene shortly after the crash, the champion triathlete put two massive dents in the driver’s side door. he was taken to the hospital.  Witnesses at the scene also report that Scott was well taken care of by both emergency services and fellow cyclist.  Since 1999, Dave has served as head triathlon coach for Team In Training.  I have met and spoken to Scott at the Columbia and DC Nations Triathlons.  He is personable, with a ready sense of humor and an athlete who lives what he preaches.  I hope that he has a full and complete recovery from this bike crash.

In this tragic case, a woman drowns in a pool, causing brain injury and death. Her counsel alleged failure to follow pool operations manual and universal lifeguarding techniques. The 26-year-old plaintiff was enrolled in swimming lessons to learn how to swim for her honeymoon. Her classmates called her a “sinker” because she could neither tread water nor swim the width of a pool. This case hits especially close to home, as Dog Landau is a “sinker” who did not learn to swim properly until he was in Law School. That’s right, the “TriathlonTrialLawyer,” an All American Sprint and Olympic Distance triathlete, was a “sinker” at the local Y, and only swam the breast stroke, since that’s the only stroke where he could keep his head above water. Even today, he prefers “wetsuit legal” races, as the added buoyancy gives him greater security.

According to the April 2009, AAJ Law Reporter, the facts of this case were as follows: After a swimming lesson, the instructor left the pool area while the plaintiff was in the deep end of the pool without notifying the on-duty lifeguard of her presence. Shortly afterward, a swimmer notified the lifeguard that there was a body at the bottom of the pool. Several lifeguards pulled the young woman from the pool, but she was unconscious and not breathing. She suffered brain damage and was put on life support, which was removed a few days later after she was declared brain-dead. Read the rest of this entry »