Landau Injury Law

ABRAMS LANDAU negligence, liability, personal injury & jury trial paralegal Krisin Tanzi and her canine assistant

Another friendly, experienced and helpful voice ABRAMS LANDAU clients and their families have come to appreciate is that of Kristin Tanzi.  If a case involves negligence, liability and jury trial issues, Mrs. Tanzi will likely be interacting with you along with law clerk Shawn Shook and Landau Law Shop founding partner Doug Landau.

Recently, she helped Mr. Landau successfully conclude a dog bite case in New Jersey, prepare a trucking negligence case in Georgia and an airport cart crash case in Florida.  Legal assistant and paralegal Kristan Tanzi has experience working for law firms in New York and Texas before joining the Herndon Reston area law firm.  The Ashburn area paralegal’s responsibilities include:
•    Intermediary between attorney and clients, opposing counsel and justice system personnel
•    Drafting and filing of pleadings and correspondence (i.e., Interrogatories, Discovery Requests and Responses, Settlement Agreements)
•    Discovery preparation (i.e. correlation of client’s discovery responses)
•    Preparation of insurance claim forms for clients; Correspondence with insurance companies regarding clients claims
•    Trial preparation and attendance
•    Case file and client management
•    Scheduling appointments and court dates
•    Deposition coordination
•    Screening of potential clients
•    Docket control

Oakton Chantilly Bike crash lawyer Doug Landau always wears his helmet, whether racing, touring or training

As hard-headed as he is, Oakton Chantilly injury lawyer Doug Landau still wears a helmet whenever he rides his bike.  Landau was pleased to see the recent results from Bicycle Helmet Safety Institute testing.  The Bicycle Helmet Safety Institute (”BHSI”) submitted samples of six helmet models to a leading U.S. test lab: three in the $150+ range and three under $20. The impact test results were virtually identical. There were very few differences in performance among the helmets. The  conclusion: when you pay more for a helmet you may get an easier fit, more vents and snazzier graphics. But the basic impact protection of the cheap helmets tested equaled the expensive ones.

The results are a testimony to the effectiveness of our legally-required CPSC helmet standard. Although the testing sample was small, the testing indicates that the consumer can shop for a bicycle helmet in the US market without undue concern about the impact performance of the various models on sale, whatever the price level. The most important advice is to find a helmet that fits you well so that it will be positioned correctly when you hit.  The BHSI has a page up with details of the testing.  If you or someone you know has been injured in a car, truck or bike crash while riding their bike, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

The front page of the Washington Examiner screams, “A pothole ate my car.”  While this may seem like sensationalistic journalism, DC car crash and injury lawyer Doug Landau has actually won a case for driver injured by a pothole.

Doug Landau has helped motorists, bikers and athletes injured by potholes, snow, ice and roadway defects

In Landau’s client’s case, the motorist was driving under L’Enfant Plaza, when suddenly, and without any warning, her car was stopped dead.  When she came to, she got out of the car and saw that her front wheel was completely in a large pothole in the darkened underpass.  The pothole had filled with melting snow, and so there was no way for Landau’s client to see the dangerous hazard.  The case went to court in the Superior Court, where experienced  D.C. trial attorney Doug Landau was able to cross examine the District of Columbia’s roadway expert witness so effectively, that he was able to get concessions as to the ability of freezing water to break up concrete and create a dangerous driving hazard.

Reporting potholes so that they will get fixed and other will not get injured or have their cars, trucks or bikes “eaten”:

• Arlington: 703-228-6570
• Prince George’s County: 301-952-0555 or 301-776-7619 (upper county)
• Fairfax: 703-383-8368
• Montgomery: 240-777-6000 »  District: 311
• Maryland State Highway Administration: 800-323-6742

Doug Landau has lost hubcaps due to potholes in Virginia, and has driven disabled clients to their Social Security hearings in the District when the roads are unsafe or there is ice and (more…)

Herndon Virginia Mediation, Arbitration and Alternative Dispute Resolution Lawyer Doug Landau of ABRAMS LANDAU with his latest TRIAL Magazine article

While the ABRAMS LANDAU team prepares every case for trial, our success in Mediation, Arbitration and other forms of “Alternative Dispute Resolution” has resulted in Herndon disability and injury lawyer Doug Landau being asked to write, speak and teach for the State and National trial lawyer associations.  Landau teaches for the “non-profit” organizations committed to helping innocent victims and disabled persons and their families.  Landau is not paid for teaching, writing or lecturing for these groups.  This was his second major article in 2009 for TRIAL magazine, a peer-reviewed journal sent to judges, lawyers and schools around the world.  Herndon’s injury and disability lawyer has been contributing articles to TRIAL since the 1980s.

In addition, Landau was also a presenter at the American Association for Justice’s (AAJ) 2010 winter convention.  The topics discussed at the “Litigation at Sunrise” session, included:

• *Birth Defects Suffered by Children Whose Parents Are Exposed to Chemicals Used in “Clean Rooms” — Frank Verderame, AZ
• Pool Safety: Drain Entrapment — Dennis M. Lynch, IL
• How I Learned to Relax and Love Mediation — Douglas K.W. Landau, VA

If you have questions about Mediation, Arbitration and other forms of “Alternative Dispute Resolution,” please contact us at ABRAMS LANDAU, Ltd., 703-796-9555

The death of a young Luge athlete from Georgia  and a U.S. snowboarder suffering a serious brain injury on the halfpipe during a December practice remind us of the risks inherent in Winter Olympic sports.  While Ashburn accident lawyer Doug Landau notes that while winter sport injuries can  be permanent, athletes do not normally have legal claims since they are presumed to have “assumed the risk of harm.”  The winter triathlete lawyer points out that if an injured sportsman tried to bring a claim for his injuries in Virginia, a judge would instruct a jury that:

• “If you find by the greater weight of the evidence that the injured athlete fully understood the nature and extent of a known danger and if the disabled sportsman voluntarily exposed himself to it, the competitor assumed the risk of injuring himself from that danger.  The injured plaintiff CANNOT recover for injuries that resulted from assuming the risk of a known danger.” [from Virginia Model Jury Instruction 6.100]

This rule applies in Virginia and some other states no matter how serious or disabling the injuries.  Even if the sled or skiing crash or snowboarding fall results in death, this very strict common law rule applies in this jurisdiction.  According to a report in today’s USA Today there have been other serious winter sport injuries, including short-track speed skater J.R. Celski gashing his leg in a crash at the U.S. Olympic trials and several Alpine skiers injuring themselves on icy slopes.  Sports writer Vicki Michaelis notes that, “this season has brought a series of reminders of the perilous nature of many ratings-grabbing winter events.”  Lawyer Landau hopes that the remainder of the Winter Olympic Games are safe, injury-free and wonderful to watch.

Doug Landau's friend and mentor, Maui lawyer Jim Krueger, and "Sheffield"

Whenever Franklin Farms injury and disability lawyer Doug Landau travels to teach and learn at state, national and international trial lawyers meetings, he makes it a point to meet with top lawyers from all over the world to exchange ideas on how to help injured and disabled clients.  One of the best is Landau’s friend, mentor and Masters swimming champion Jim Krueger of Maui.  Krueger’s firm

has successfully handled cases involving Ocean, Boats and Pools that have caused death, spinal and other serious injuries resulting from (more…)

Fairfax, Loudoun and Leesburg injury lawyer Doug Landau’s speech, “How I learned to relax and love mediation,” for the American Association for Justice (”AAJ”) was well received, as was his article in TRIAL Magazine.  In his presentation, Herndon’s Lawyer Landau discussed how to use Mediation in brain injury, slip and fall, dog attack, car crash, and premises liability cases.  One review of his article in the peer-reviewed trial lawyer publication reads as follows:
DOUGLAS LANDAU, p.40    TRIAL Magazine.
Mediation can be a blessing in disguise. In fact, depending on your jurisdiction, the results can be better than what you might get at trial. An experienced trial lawyer describes three cases where mediation led to unexpected benefits and exceeded everyone’s expectations—especially his own.

Doug Landau has seen clients injured from crashes caused by "distracted drivers." Lawyer Landau's advice, "Just don't DUIT" ("Drive Under the Influence of Technology" (texting, tweeting,using Blackberry, etc.)

Herndon auto safety lawyer Doug Landau applauds AAA’s efforts to eliminate “distracted driving” and texting while driving.  This “driving under the influence of technology” or “DUIT” as Landau calls it, has proven deadly on our roads.  “Just don’t DUIT” warns Landau, as you can cause accidents, injuries and be prosecuted. AAA and the AAA Foundation for Traffic Safety are launching new legislative and communications campaigns to reduce distracted driving and improve safety on our roadways. AAA announced that the motor club will work to pass laws banning text messaging by drivers in all 50 states by 2013, citing strong public support for the laws, the danger of distracted driving, and new research by the Automobile Club of Southern California showing the impact of California’s texting ban. “The new technologies that help us multitask in our everyday lives and increasingly popular social media sites present a hard-to-resist challenge to the typically safe driver,” said AAA President and CEO Robert L. Darbelnet. “Enacting texting bans for drivers in all 50 states can halt the spread of this dangerous practice among motorists nationwide, and is a key legislative priority for AAA in state capitols.”

Currently, 18 states and the District of Columbia have laws that address text messaging by all drivers. Two more states have laws that prohibit teens or other new drivers from texting while driving. Laws differ across the states and some have significant shortcomings, according to AAA.  “AAA will lobby nationwide to pass laws in states that lack them and improve existing laws against texting while driving,” said Darbelnet. “We’ll also continue our work through public education, driver training, and other safety programs to discourage motorists from engaging in the broad range of other distractions that tempt them while behind the wheel.”  Recent high-profile texting crashes and a provocative (more…)

Just because there is no Traffic Court Hearing does NOT mean that the Defendant who got the ticket at the scene of the crash gets off scott free, according to Herndon, Loudoun car 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.

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.

At ABRAMS LANDAU, we have been contacted by car crash and dog attack victims many months after their injuries.  We sadly find out that the 911 tapes and other recordings that support their personal injury claims have been destroyed or recorded over.  Our office sends out letters requesting copies of the tapes, films and other media so that our clients will have this valuable evidence.  There are even cases that are brought for “spoliation” – where a Defendant has purposefully destroyed evidence that it knows has been requested in connection with an injury case.  Bottom line, according to New Jersey dog attack and car crash lawyer Doug Landau is to make sure the evidence is preserved and to seek qualified, experienced legal counsel immediately, BEFORE valuable evidence is destroyed, lost or recorded over.

Garden State injury lawyer Landau is often asked if the police and other law enforcement authorities can destroy, tape over or otherwise dispose of video, audio and other recordings.  The short answer is “yes.”  Just this week, the New Jersey Appellate Division ruled in a case where the police legally destroyed the police cruiser videotape.  In State v. Mustaro, the court denied a DWI defendant’s attempt to withdraw his guilty plea, on the basis that he had been deprived of potentially exculpatory evidence in the form of a police car videotape which would have proved he was not operating his vehicle at the time of his motor vehicle stop.  The police had destroyed the videotape as a matter of routine after the defendant’s initial plea of guilty. In analyzing the factors required under New Jersey law, the Court ruled that the lack of bad faith by the police in destroying the video, coupled with the speculative nature of the defendant’s claim of what was shown the video did not satisfy the test for withdrawal of a guilty plea.    If you, or someone you know, has been injured in an accident where there may be a 911 call, video tape, audio recording, computer e-mail, tape recording or other audio or video evidence, please e-mail or call us at ABRAMS LANDAU (703-796-9555)