Landau Injury Law

Can you see the motorcycle ?

The Honda rider was traveling at approximately 85 mph. The VW driver was talking on a cell phone when she pulled out from a side street, apparently not seeing the motorcycle. The riders reaction time was not sufficient enough to avoid this accident. The car had two passengers and the bike rider was found INSIDE the car with them. The Volkswagen actually flipped over from the force of impact and landed 20 feet from where the collision took place. These photos were sent to me by a client from Radford, Virginia.

All three people involved (two in the car and the bike rider) were killed instantly. This graphic demonstration was placed at the Motorcycle Fair by the Police and Road Safety Department.

The message to be taken from these picutres:

• Stop talking on Cell phones and Texting while trying to drive.
• Put your Cell phone in the back seat, glove compartment or trunk !!!

If you or someone you know has been injured in a bike or car crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

How do you prevent someone convicted of drunk driving from driving ? Even where their license has been taken by the police or the court, Herndon drunk driving injury lawyer Doug Landau has seen “repeat offenders” get behind the wheel and cause more mayhem, injury and damage.  In one case, Landau’s investigation revealed that the Defendant in a a personal injury case had lost his license multiple times.  Yet, he was able to continue driving for his employer, a major international corporation, as long as he had a plastic drivers license that had not expired.  How did he do it ?  He simply went to the DMV to get a “replacement” license before the Court took his operator’s permit.  This particular individual did this 11 times in less than 10 years !  Now there may be a way to physically prevent “Habitual Offenders” and those who dangerously drive while impaired from starting a car or truck engine.

Three companies are competing to develop new technologies that would prevent drivers who have been drinking from starting their vehicles. Safety advocates would like to see these devices—currently used by those convicted of DUI offenses—in every vehicle.  Doug Landau of ABRAMS LANDAU, Ltd.advocates the use of this new technology to promote safer roads.  If a Defendant has been convicted of an alcohol-related offense behind the wheel, they should have to pay to have this device installed in their vehicle.  If you or someone you know has been injured in a car, truck or bike crash with a drunk, stoned or impaired driver, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Injured Workers Lawyer Doug Landau believes that the amount available for funeral, burial and transportation expenses in fatal job accident cases should be increased

Injured workers lawyer Doug Landau often represents workers and their families from other states.  When these workers suffer fatal injury, their families are confronted with enormous and immediate expenses.  However, the amount available under the Virginia Workers Compensation Act is limited, and does not pay all the bills related to transporting the fallen worker’s remains to their home state or country.  Unlike Cost of Living Adjustments, which are tied to the Consumer Price Index, and mileage reimbursement rates, which also change annually, the amounts for funeral and transportation do not increase with inflation.  According to Herndon Reston area workers comp lawyer Doug Landau, this must change.  As more and more workers come from other states and countries to work in Virginia, especially in the Internet, software, security, construction and hospitality fields, the law of this Commonwealth must  reflect this reality and change with the times.  Presently, the Virginia Workers Compensation Commission’s (”VWCC”) web site lists

BENEFITS UNDER THE ACT:

#5  Death Benefits

• A surviving spouse, children under 18, children under 23 enrolled full time in an accredited educational institution, parents in destitute circumstances or other qualifying dependents may be entitled to wage loss benefits.
• Death benefits include funeral expenses not to exceed $10,000 and transportation cost of $1,000.

If you or someone you know has lost a loved one in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Just as is the case with a successful personal injury trial or workers compensation hearing, where there is so much more involved than what is seen in to the final presentation in court, what the audience sees in a Broadway show is just the tip of the iceberg.  Herndon injury and disability lawyer Doug Landau had the opportunity to go backstage again this week after seeing “Bye, Bye Birdie” in New York City.  As the guest of the Executive Director of the Roundabout Theater, Landau and his family were able to see how all the sets, costumes and props were organized and moved onto the stage.  The Landaus were also able to meet cast members, see the many rooms, tunnels and passageways under the stage.  Just as with the Herndon injury lawyer’s case preparation, there were notes on everything, and there were back-ups and contingency plans throughout the performance area.  The Landaus were particularly impressed with the costume repair, cleaning and manufacturing area, located several floors below the stage.  The tour gave everyone a greater appreciation for all of the hard work, staffing and materials that go into the production of a successful Broadway musical.

On November 16th I wrote about unsafe lifeguards who were text messaging or sending “instant messages” while on the job. In response, I received the following:

I am an Aquatic Manager and just yesterday I terminated a lifeguard for the exact same actions. It happened once and there were no second chances. He is lucky to have been fired and not be on his way to court to try and explain to a family why he let their loved one drown.

Lifeguards are not there as a courtesy or an accessory-they have be ready to respond as every single person who enters the pool is a risk. Unsupervised kids are not the only ones drown. Experienced swimmers can suffer from sudden cardiac arrest or “shallow water blackout” and be gone without a sound in seconds. If a lifeguard on duty is doing ANYTHING besides scanning the water, they are putting everyone at risk, whether there are 2 people in the pool, or 200. This includes cleaning around the pool, eating on the stand, holding extended conversations with bystanders, listening to music on headphones, taking chemical readings and of course, texting or talking on a phone or radio. In a situation that involves coaching, teaching swim lessons, or water fitness, there should be TWO lifeguards-the teacher cannot teach and guard.

It is appalling that this lifeguard was not immediately reprimanded for his actions with suspension or termination. And yet, this is happening all over the U.S. One just has to hope that an innocent person won’t lose their life in this terrifying and senseless way because a lifeguard couldn’t go a few hours without being connected to the outside world. Submitted on 2009/11/26 at 8:02a

Thank you for your prompt action, your comment and acting in the safety the swimmers at your pool.

With over 6 million people in the construction trades in the United States, it is a significant sector of our economy,  However, construction is also one of the most dangerous kind of work, with over 8,000 workers killed on construction sites each year and many thousands injured and maimed for life.  At ABRAMS LANDAU, Ltd., we see first-hand some of the devastation caused by unsafe construction practices and lax inspection, regulation and enforcement by state, local and federal agencies.  We have tried cases were our clients have been injured or killed on construction sites.  Some of the  injuries were caused by:

• Falls from roofing,
• Loads dropped on a workers head,
• Failure of scaffolding causing falls from heights,
• Unsecured stairways, steps or ramps,
• Wood snapping, breaking or coming loose,
• Getting shot with a nail from a nail gun,Ladders twisting and falling,
• Explosions causing hearing loss,
• Asbestos dust particles causing lung damage,
• Combustible materials catching firing and causing burns,
• Construction vehicles hitting other trucks, cars and workers on the ground.

If you or someone you know has been injured in a construction site accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

The Columbia University band

For three straight years in high school, I sat with my spats and plumed hat, shivering in the stands with the marching band, and never once saw a winning game !  That’s loyalty.  Luckily, when I got to Boston University and joined the pep band, I got to see the Terriers win the Yankee Conference Football Championship and the returning BU Olympic Ice Hockey Team members, fresh from their “Miracle on Ice.”  So, to the charges of being a lifetime “band geek,” I plead “guilty as charged.”

Growing up, I would watch my older cousins in the Teaneck High School marching band.  My grandfather, William Abrams would also take us to see the Columbia University football games, where the antics of the marching band were always amusing.  So I was thrilled to attend the Columbia vs. Brown football game in New York City and get a chance to hear the marching band up close once again.  As nearly everyone in my family had attended Columbia for some part of their education, were were thrilled to see the Lions upset the defending Ivy League champions in an exciting game on a gorgeous Fall day.

Because of our experience helping injured cyclists, our law firm was contacted by a member of a new York City Orchestra who was injured while riding his bike to work. While riding on the correct side of the street, this bike commuter was thrown to the ground when a motorist flung open the car door directly in the unsuspecting cyclist’s path. The bike rider shattered his arm and had to under go surgery. With orthopedic hardware in his arm, he was unable to ride his bike to work and perform many other activities of daily living that required reaching, grabbing, twisting at the shoulder, heavy carrying and lifting with his permanently damaged and scarred arm. Bicycle and sports injury lawyer Doug Landau was able to counsel this injured victim and a significant settlement was negotiated.

This crash reminds us of several of the “Safe Riding Tips” from the League of American Bicyclists:

• Be Visible
• Wear brightly colored clothing at all times.
• At night, use a white front light, red rear light or reflector and reflective tape or clothing.
• Make eye contact with motorists to let them know you are there.
• And, Anticipate hazards and adjust position in traffic accordingly.

It is important to note that bicyclists can, and are, injured by cars and trucks even when these motor vehicles are not moving and their engines are off. Getting struck by an opening door, falling debris and slipping on leaking oil can all cause permanent injuries to cyclists sharing the road. If you or someone you know has been injured in a bike, car and/or truck crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

An Albemarle Couty jury rendered a verdict of $5,250,000 plus $450,000 in interest for a family of a teenager killed in a tractor trailer crash. The verdict was for the family of the 16 year old girl who suffered fatal injuries on Route 29 North in May of 2008 according to the Daily Progress newspaper. The young woman was killed when a tractor trailer ran a red light. Eyewitness testimony and physical evidence established that the truck’s light was red for 6 seconds before it entered the intersection and struck her car. The driver pled guilty to involuntary manslaughter and is serving two years in jail. The defendants asserted the defense of contributory negligence and asked for a defense verdict, based on an unfounded allegation that the teen failed to use reasonable care in looking left before proceeding on her green arrow. We hear a great deal in the media about frivolous lawsuits, but not about frivolous defenses such as this one.

Beneficiaries were the mother, father and brother – the jury awarded each $1.75 Million. The father testified as to the daily devastation this senseless tragedy has visited on him and his family. Some added facts makes this result even more impressive. Members of the esteemed Michie Hamlett law firm achieved this verdict with less than $5000 in special damages, which consisted only of funeral expenses. There were no medical bills, as the victim died at the scene, and those funeral expenses were on the verdict form in addition to the $5.25 million. Also, prior to instructing the jury, the Court struck the punitive damages claim and overruled the objections to the contributory negligence instruction. So the overwhelming portion of the verdict was based only on intangible losses. If you or someone you know has been injured in a car, truck or tractor trailer crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today because there are strict, short time limits regarding wrongful death cases in the Commonwealth of Virginia.

Walking near her workplace, a research librarian was struck by a Richmond bus.  The pedestrian suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain.  The GRTC bus was making a right turn when it struck her as she crossed North Eighth Street beside the Library of Virginia in 2007.

A Richmond jury awarded the injured plaintiff $8 million in damages.  The 34-year-old pedestrian had waited on the sidewalk and was two-thirds of the way across the street when the bus, making a right turn off East Marshall Street, struck her, her attorney said.  Medical evidence in the case suggested the injured woman will likely undergo multiple surgeries for hip replacements before she is 50.

The seven-person jury deliberated one hour in reaching an award in the case where damages were the only issue in a two-day trial. The decision will not affect the bus company’s fares or balance sheet, according to the injured woman’s attorney, because the award, which could be appealed, is covered by insurance.  The plaintiff’s lawyer, my friend Jason Konvicka of the Allen law firm in Richmond, did an excellent job.  Doug Landau uses a Richmond Bus personal injury case in the annual “New Judges’ Training” program the Virginia Supreme Court holds for those lawyers selected to sit on the Circuit Courts of the Commonwealth.   The Supreme Court’s factual scenario for these trials presents many issues the judges will hear and rule upon when they go to their respective Courts.  If you or someone you know has been injured by a “common carrier” like a bus, train, ferry, plane or trolley, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.