In his lawsuit, the deceased girl’s father alleged he told the host parents, “No boys with cars.”  Despite her agreement to that request, the friend’s mother allegedly permitted her daughter to ride with the boy, which left the victim no choice but to go along.

The case produced an opinion from the Supreme Court of Virginia that a parent who agrees to supervise and care for a child has a common law duty to do so with reasonable care.  The court’s ruling sent the case back to Henrico County Circuit Court for trial. According to the stories in Lawyers Weekly, trial had been scheduled for July, 2010. The plaintiff’s family hopes the case will bring attention to the responsibility that adults have towards children in their care and the risks of teenagers driving with multiple teenage passengers.

Bottom line according to car crash and wrongful death attorney Doug Landau: if you agree to take responsibility for someone else’s kids, you had better do so responsibly.  And if the rule is “No driving with boys,” then, as the supervising parent or adult, you allow no driving.

WInchester area lawyers at the Virginia Trial Lawyers Annual Convention in Williamsburg

“We know Doug Landau travels all over Virginia and the East Coast, but how does he manage local issues that might affect a case ?”  This is not an unreasonable question.  Herndon Reston and Dulles Airport area in jury lawyer Doug Landau has built up a network of lawyers all over the country who have helped him over the years.   Landau regularly participates in answering and asking questions on national and statewide listServs, travels to teach lawyers all over the country and fosters networking among trial lawyers for injured people and their families.  These lawyers routinely help ABRAMS LANDAU with questions about local doctors, car crashes, premises liability cases, Social Security Disability and workers compensation claims.  Shown here with top Winchester area lawyers Nate Adams and Nick Parthemos at the Virginia Trial Lawyers Association meeting in Williamsburg, Landau has fostered good working relationships with them and other Clarke County attorneys.  These good relations enable workplace injury and car crash lawyer Landau to better assist his disabled clients, wherever their case may arise or they may live or work.

In a recent in jury case where a workers cut a finger in a saw accident, a small Sterling Virginia area employer came to ABRAMS LANDAU because it did not have workers compensation insurance because it had less than 3 full time, regular employees.  The claimant alleged otherwise, and had the Loudoun County employer lost the case, they stood to lose many thousands of dollars and face fines and other penalties from the Virginia Workers Compensation Commission.  Landau agreed to represent this employer on an hourly basis, with an advance Retainer as against his costs and fees.  This can get very expensive, as proper preparation for this kind of court Hearing normally requires 10 hours of time, which at $600/hour, is why an advance of $5-10,000 is normally required for these very few hourly cases Landau will agree to accept.  The vast majority of cases at ABRAMS LANDAU are on a “contingency fee” Retainer, where the client only pays legal fees if the Herndon Reston law firm is successful.  While costs and expenses are always to be reimbursed, in most contingency fee cases, the injured clients are generally not able to advance any costs, so the firm undertakes what are “interest free loans” while the case is progressing.

In the Loudoun County saw accident case, Landau was able to save the employer from having to go to court, pay fines and from having to pay a potentially large Award.  Landau secured a settlement of less than $2,000 and also drafted a new engagement letter for this client so that all future workers engaged by them will know to get their own insurance as they are “independent contractors” and the company does not have the number of employees necessary for coverage under the Virginia Workers Compensation Act.  If you or someone you know has a company that needs advice on matters involving workers comp, injury claims, risk management, disability and defense in court, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) as we may be able to help.

Plaintiff was driving eastbound on a road with a posted speed limit of 60 mph.  Plaintiff was driving a Chevrolet truck that hit a tractor-trailer operated by the Defendant driver, who was employed by Defendant trucking company.  The Defendant driver was attempting to make a U-turn at an intersection in a Freightliner tractor-trailer.  He was blocking both eastbound lanes when the crash occurred. The investigating state trooper cited the trucker for reckless driving, but he was later acquitted of the charge. The black box retrieved from plaintiff’s truck showed he was speeding.

Plaintiff alleged Defendant trucking company was vicariously liable for its employee’s actions. Plaintiff claimed the accident was the proximate cause of his leg, heel and foot fractures.  The Defendants initially denied the allegations and put forth a theory of contributory negligence because plaintiff was speeding.

Plaintiff was a 27 year old male employed as a truck driver who sustained a grade one open right femur (thigh) fracture; closed right comminuted calcaneus (heel) fracture; closed right navicular (mid-foot region below the ankle) fracture; multiple facial lacerations; post-traumatic degenerative joint disease; and right subtalar calcaneocuboid joint. Plaintiff claimed significant in medical bills and substantial wage loss as well.  The parties ultimately agreed to a $700,000 settlement according to the case report sent to me this week by The Virginia Verdict Reporter.  The Landau Law Shop’s recent truck crash case was reported in the Virginia Lawyers Weekly, and like this case, it resulted in a substantial settlement for Mr. Landau’s truck driver client.  If you or someone you know has been injured as the result of a truck, car, tractor trailer or other motor vehicle accident, please contact us by e-mail at ABRAMS LANDAU or call (703)-796-9555.

The scene as I left Oakton Woods during this morning's Fairfax rush hour bike crash between Reston Parkway and the Fairfax County Parkway in Oak Hill, Virginia

Having seen and assisted at more car, truck and bike crashes than I can recount, I was nevertheless shaken this morning by the scene outside my neighborhood.  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, in Northern Virginia.  Emergency Medical responders and Fire and Rescue teams were dispatched quickly and several motorists had already stopped to render assistance to the fallen cyclist as he lay on the pavement between the two corners of Ashburton, across from Franklin Oaks Drive.

Before loading the injured cyclist into the ambulance, Fairfax County EMTs assess, secure and prepare to transport the injured biker this morning after an apparent crash at West Ox Road and Ashburton Avenue across from Franklin Oaks Drive

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.

This was the first thought that came to mind when I read about a Los Angeles woman who has filed a lawsuit against Google and a Salt Lake County man after she was hit by a car while walking down a street as directed by Google Maps.  The injured Plaintiff stated in her lawsuit, that she used Google Maps to find walking directions in Park City, Utah, and was directed to walk down a major road where vehicles travel at a high rate of speed and there are no sidewalks.  She further alleged that she was hit by Patrick Harwood who was driving “negligently,” which caused severe injuries.  Her lawsuit is seeking more than $100,000 in damages.  With just a cursory investigation of the site, you will discover that the road she was walking down was in a 35-40 mph zone and was only “a major road” because of its connection to ski resorts.  This information, along with the fact that the City Park paved trail, which connects to her destination, was less than 30 feet from where she alleges she was “directed” to walk, raises some questions.

My fear is that this case will be cast in a similar light to the McDonald’s case and provide further basis for criticism.  Generally, people must use ordinary caution when following directions just as a jogger or cyclist needs to be alert and aware of their surroundings.  Most lawyers files serious lawsuits involving major issues and injuries.  I fear that a select few cases cast the profession and judicial system in a bad light while ignoring the work of the majority.  This post was prepared by ABRAMS LANDAU, Ltd. law clerk and George Mason University law student Shawn Shook.

Total crashes related to hand-held cell phone use:

2006        2007    2008

Bergan        164            177        149
Hudson        105            133        102
Passaic        125            110        84
New Jersey    1,854        1,866    1,821

Total crashes related to hands-free cell phone use:

Bergan        121            104        159
Hudson        214            221        310
Passaic        188            86        104
New Jersey    1,726        1,421    1,383

Bottom line: Using cell phones with or without the “hands free” option is dangerous.  If you must make an important call, pull over to the side of the road or, better yet, park the car and talk, take notes and concentrate on the conversation.  Multi-tasking behind the wheel may not be efficient if you or someone else winds up getting hurt.  When driving, focus on the road and the conditions around you, and driver defensively.   If you or someone you know has been injured due to a distracted driver, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555)

David Carson, moderator Deborah Waters & Doug Landau at the Annual VTLA Tort Law Seminar after the presentation on creative personal injury settlement packages and professional demand letters in Roanoke

Teaming up with another outstanding defense attorney enabled Herndon and South Riding area injury lawyer Doug Landau to show lawyers from South West Virginia how to maximize recovery for their disabled clients.  Roanoke defense lawyer David Carson of Johnson, Ayers & Matthews the view from the insurance company perspective in a “Point Counterpoint” presentation.  The Roanoke audience at this year’s Annual Tort Law Seminar heard from outstanding VTLA speakers as well as judges. Landau and Carson discussed personal injury settlement demand packages.

The two experienced Virginia trial lawyers gave their views and fielded questions from the audience, made up largely of attorneys who had been practicing for many  years.  Carson discussed some of the mistakes made by by lawyers who hold themselves out as being “personal injury lawyers,” but who do not actually try cases, invest properly in their disabled clients’ cases or even go to court.  Doug Landau showed effective ways of proving losses as the result of car crashes, dog attacks, bike accidents and slip and fall incidents.  If you would like to see Mr. Landau “in action,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555), as his calendar is an “open book” for trials, speeches, races and meetings.

Car & truck crash injury lawyer Doug Landau hopes that soon police will be able to recover "black box" data that can prove which vehicle was at fault in a wreck

It appears that in the next few years, cars will be equipped with black boxes, much like in airplanes, that can record data during a crash. The debate now, between Congress and safety groups, is how much and what type of data these boxes should record.  Lawmakers and automakers are struggling to agree on how durable the boxes should be as well, with car makers balking at the idea of an expensive piece of equipment being required in all vehicles.  One proposal suggests that the boxes be able to withstand a rollover crash as well as fire and water immersion, and record 60 second before a crash and 15 seconds after.  For more on this interesting debate, go to The Washington Post

If you or someone you know has been injured due to the fault of a driver whose vehicle may have been equipped with a “Black Box,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555), as these devices are sometimes removed by guilty defendants or destroyed when wrecks are salvaged for scrap.

Virginia Trial Lawyers Daniel Crandall & Douglas Landau taught at the Roanoke Higher Education Center today

As a member of the faculty of the Virginia Trial Lawyers Association Annual Tort Law Seminar Herndon injury lawyer Doug Landau will travel the length and breadth of the Commonwealth this month.  Today’s presentation took the traveling trial lawyer to the Roanoke Higher Education Center in the South West part of the state.  Since he had just returned from his son’s Virginia Tech graduation in Blacksburg over the weekend, Landau flew into the former Vinton Salem area airport as he had done so many times before to try workers compensation and meet with personal injury and Social Security Disability clients.  Because the lecturers got ahead of schedule (a rarity when lawyers are giving speeches !), the interstate injury lawyer started the presentation on demonstrative exhibits, trial strategy, settlement and mediation without his co-presenter from the defense bar.  Once Defense Counsel arrived, the duo it full stride and kept the audience intrigued, followed by a “Question and Answer” period.

Landau was followed by his friend and well-known Roanoke Valley trial lawyer Daniel L. Crandall, who gave a thorough Power Point presentation on “General District Court Practice.”  Landau and Crandall shared other ideas after the Continuing Legal Education programs was finished and before the Herndon Reston area injury lawyer had to fly back to Dulles Airport. If you would like to see Mr. Landau “in action,” please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555), as his calendar is an “open book” for trials, speeches, races and meetings.