Landau Injury Law

The Olympic motto is “Citius, Altius, Fortius.”  These Latin words mean “Swifter, Higher, Stronger.”  But at this winter’s Games in Vancouver, perhaps the motto should be “too fast, too steep, too dangerous !”

Concerned about injuries and death on the slopes of the 2010 Winter Olympics, Herndon sports injury lawyer Doug Landau wonders about the safety engineering at these Games

I had previously noted the fatal crash that killed the Luger from Georgia.  As pointed out by my new American Association for Justice friend and fellow New Jersey trial lawyer Anthony Sellitto, of Toms River, “the young luge athlete from Georgia loses control around a bend – hits the opposite wall and becomes airborne.  The video link is graphic.   The design problem is that right along the track they have a row of steel columns right next to the track that support the roof over it.  Sort of like the columns in the tunnel that killed Princess D.”   The Georgian Olympic athlete flew right into a column.  Why would anyone build something like this without thinking of what would happen if someone left the track which is expected to happen on a luge course from time to time ? I wonder if they send down unmanned, but weighted luges to see what happens once the course construction is completed.

Slowing this course down isn’t the answer – because luge athletes can lose control at slower speeds and become airborne at this curve.  They have to put up some type of protection in between or alongside the columns – sort of like a Jersey Barrier.  That’s what these Jersey boys think.  Engineering design requires that the greater the potential injury, the greater the care to prevent such harm that is required.

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 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.

The Landaus were the couples married over 20 years winners at the race to support Women's Wellness at the Coral Springs Medical Cente, Broward County, Florida

Woman’s wellness is a cause near and dear to Loudoun and Leesburg lawyer Doug Landau.  So he and his bride participated in the 5th Annual Race For Women’s Wellness 5K Run.  It was no accident that Landau, married a quarter of a century, wanted to compete in this South Florida race.  This Valentines Holiday Weekend race had several unusual award categories, including: “Couples married less than 10 years, 10-20 years and over 20 years, as well as “significant others’.”  The Landaus were up for the challenge of the senior couples category in this competitive Broward County Florida event.  The Triathlon Trial Lawyer was amused by the freezing Floridians, who were not used to 40 degree temperatures and blustery winds.  Landau went off with the lead pack, averaging 6:39/mile and managed to finish 8th overall, winning his age group by 10 seconds.  His bride, despite plantar fascitis from a half marathon the prior week, bravely ran strong despite this often debilitating sports injury.  More importantly, the Landaus won the “Husband Wife Team – Married 20+ years” and beat almost all of the other, younger teams, as well.  For results, go to eteamz AccuchipTiming.

Age Group & Couples Division winner Doug Landau faces the "paparazzi" with other top finishers this weekend

His bride, despite plantar fascitis from a half marathon the prior week, resolutely ran despite this often debilitating sports injury.  The trophies from this and Landau’s other successful winter races will likely end up in the parlor at the ABRAMS LANDAU Law Shop building in Herndon, Virginia, as Mrs. Landau does not want any more of the Triathlon Trial Lawyer’s accolades cluttering up the house !

ABRAMS LANDAU received its first shipment of Doug Landau’s new book, “Ten Mistakes That Can Derail Your Bicycle Injury Case.”  Drawing upon over 25 years’ experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer’s court cases in Loudoun County.

In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients.  The easy to read book talks about defective bicycle products, car crashes, cyclists attacked by dogs and head injuries.  There are pictures of cracked helmets from Landau’s head and brain injury cases, as well as discussion of the investigation of these sports injury cases.  The Landau Law Shop is regularly contacted by injured bikers, and this new book is also intended to be a helpful resource for those cases and injured cyclists that we cannot help.  If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

W&OD Trail in Herndon, Virginia

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs.  While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project.  Small bikes and riders coming from Reston are not easily seen as they head West.  And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path.  If you are riding or training on your bike in the area of the W&OD Trail, be careful.  Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank.  It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders.  If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

Trial Lawyers Doug Landau & Greg Harbison after the Richmond races

While anyone who knows Doug Landau knows that this Herndon, Chantilly and Centreville injury lawyer finds races all over the country (and the world) when he travels for cases and to meet clients, there are also other Virginia Trial Lawyers who run, and run well !  At this past weekend’s Richmond Marathon, Half Marathon and HCA 8km (5 miler), a number of Herndon injury lawyer Landau’s VTLA friends were competing.  In the HCA 8km race, Richmond lawyer Dan Lynch posted a strong time as did Virginia Beach’s Kevin Martingayle.  Both TriathlonTrialLawyer Landau and Martingayle finished in the top 100, ad both won age group awards.  In the longer events, Richmond trial lawyer Greg Harbison (shown with Landau after they returned to the VTLA Advanced Workers Compensation program) finished the half marathon.  In what is billed as “America’s friendliest Marathon,” the Allen firm’s Chris Meyer paced other participants in the full SunTrust Richmond marathon.  For full results, go to the Richmond SportsBackers site.

Swimmers' lawyer Doug Landau before the start of the swim portion of the Herndon Super Sprint Triathlon held at the Worldgate Sport & Health Club. Landau has won this event 3 times, and this year was top Master, 5th overall at the event that raises money for Taylor Love, a local resident fighting neuroblastoma.

In another report of a swimming pool grate trapping a child, the Chicago Tribune reported that a lawsuit filed was filed by a father on behalf of a child that alleges Union City’s negligence caused his son to become trapped by a swimming pool grate at the bottom of the city swimming pool. As a result of his being caught at the pool bottom, the boy sustained  serious injuries. The boy, who was 13 at the time, had to be rescued by lifeguards and flown to a hospital for treatment of his injuries. According to the suit, faulty maintenance of the grate and improper supervision of the boy led to the accident.

Doug Landau has represented swimmers and other injured athletes and recreational sports participants.  The danger with pools is that in order to save money, some pool operators are not upgrading or maintaining equipment.  New standards with regard to safety grates and pool drains can help to reduce or eliminate this type of danger.  But if these technological advances are not put into operation, then the short-term cost savings can result permanent injury and even death.  If you or someone you care for has been injured as the result of negligent pool operation or maintenance, please call us at 703-796-9555 or e-mail.

Motorcycles parked across from the Loudoun County Court House in Leesburg, Virginia

A spate of fatal bike crashes has recently been reported just as our law firm gears up for our Federal Fourth Circuit Court of Appeals arguments in our catastrophic accident case.  Last year, deaths on the highway fell in almost every category except accidents involving motorcycles.  “With the traffic being what it is in this area, inexperienced motorcyclists are particularly likely to get into trouble,” said Capt. Susan Culin, who commands the traffic division of the Fairfax County Police Department.

For the most part, motorcycle riders die for the same reasons that people who are driving vehicles with four wheels die: inexperience, alcohol, miscalculation and inattention to the road. But a motorcycle tends to be less forgiving than a car on all four of those counts.  Motorcyclists, like bicyclists, also are more vulnerable to mistakes by other drivers. And, like pedestrians and bicyclists, they are less visible than cars and sport-utility vehicles.  “There are so many more trucks and SUVs,” said Pete terHorst of the American Motorcyclist Association. “Are you more likely to be killed in a crash with an SUV or with a [Honda] Civic hybrid?”

Motorcycle fatalities fell during the 1970s.  Pressure from the Federal government persuaded all but three states to require helmets. Many states have since rescinded that mandate.  Presently, just 20 states, including Virginia, Maryland and the District require helmets for all motorcycle riders.  Interestingly, three out of four motorcycle fatalities involving another vehicle occur when the other vehicle makes a left turn in front of an oncoming motorcycle, said Patricia A. Turner, who studies motorcycle accidents for the Texas Transportation Institute.  According to Herndon trial attorney Doug Landau, making a  left turn is one of the more dangerous maneuvers for drivers on the road.  The Loudoun and Fairfax bike and car crash lawyer notes that this is why the the turning vehicle should yield the right of way.   Virginia bike and motorcycle accident lawyer Landau notes that turning cars are also required to pay full time and attention to two-wheeled and four-wheeled traffic in both directions.

Herndon Attorney Defends ‘MS-8’  - Landau wins case for bikers ticketed during multiple sclerosis fundraiser.

Attorney Doug Landau of Herndon-based Abrams Landau succeeded in defending two bicyclists whose cases he had taken for free at a July 7 court hearing. The defendants were two of eight cyclists ticketed for failing to stop at stop signs during a bike ride to raise money for multiple sclerosis on Sunday, June 7 in Lovettsville. 

“It struck me as unjust,” Landau said, noting that the people who were ticketed were part of the charity fund-raiser or were on a concurrent ride with the Potomac Pedalers Touring Club, a regional bike riders’ group. An avid bike rider, Landau has ridden not only as part of multiple sclerosis fund-raisers but also with the Pedalers. “They’re generally older people who are just out for a sunny Sunday afternoon ride,” he said. 

Landau said it was not inappropriate for the Loudoun Sheriff’s Office to respond to complaints earlier in the day about cyclists running stoplights and riding three abreast but that the incidents of actual ticketing he knew of from that day seemed excessive. One of his pro-bono “clients,” he said, made what is known as a “track stand” stop, coming to a stop but not touching his feet to the ground. The other slowed and checked for traffic before continuing, in what is called an “Idaho stop” for its legality in that state. 

FAILURE TO STOP at a stop sign, whether on a bike or in a car, carries a penalty of four points on one’s driver’s license and substantial fines, along with court fees, Landau said, adding, “On the ticket, it doesn’t say that these are for bicycle infractions. 

“If I’m blowing through stoplights at 30 miles per hour with those little ear buds in for an iPod, sure. Take me down,” Landau said. But he said he felt there were substantial differences between bicycles and cars not recognized by state law. 

He didn’t get a call from one of the cyclists until July 3, four days before the court date, but he extended the offer for free litigation to all eight of them. Normally, Landau works on cases of personal injury, workers compensation and federal Social Security disability income. “I don’t go to traffic court unless it’s for one of my kids’ tickets,” he said. 

After he showed prosecutors his clients’ perfect driving records, aerial photos that illustrated the rural area and the distance that the officer would have been from the bikers, and the Idaho stop law, the two sides agreed on a deal that convicted the two cyclists of lacking reflectors, a much lesser infraction. 

FOUR of the others had already pre-paid their fines, while one got his case continued and the other represented himself and lost. 

Since the charges were incurred during a multiple sclerosis fund-raiser, Landau has labeled the ticketed bikers the “MS-8.” “I’m all for the best and highest use of resources, and I want cops going after MS-13, not the MS-8,” he said