Archive for September, 2011
Motor-cross is a muddy hobby with some really cool safety gear. Air-brushed helmets and matching styled boots and suit look great and keep you safe, but the less glamorous side is making sure your bike is running at peak performance. Besides going to the mechanic making sure to stay up to date on equipment news is just as important. Such as, on September 8th a voluntary recall was announced by KTM North America for some of its’ off-road sport bikes. Approximately 6,117 units are effected and if you suspect you are an owner of a defective unit discontinue use and check the US. Consumer Product Safety Commissions’ Report to verify. The defect is in the piece which secures the handlebars to the bike. Cracks can develop from regular use resulting in the handlebars slipping which can cause the rider to loose control.
For more information you can read this article by NPR. If you have any legal question concerning recalls or bike injuries please respond to this post or contact us at The Herndon Law Shop or (703) 796-9555.
With no referee in sight, cowardly DC, Virginia & Maryland truck & car drivers feel they can injure bikers with impunity
Road rage, rude drivers, people in a hurry in the DC metro area have exposed all of us to unsafe actions on local roads and Interstate Highways in Virginia, Maryland and the District of Columbia. The helmet camera recording of a truck driver riding a biker off the road and then driving off should give everyone pause. The actual crash video can be seen on YouTube (Caution: harsh language).
What the driver did was dangerous. No one can seriously argue otherwise, since he saw the bicycle commuter, who was riding to the motorist’s left at a speed slower that the cars around him, in broad daylight, yelled at him and then pushed him over into the asphalt. But Herndon bike injury lawyer Doug Landau also adds, “what the driver behind the wheel, and in the safety of his truck, demonstrated, is that he is not any an unsafe driver, but a coward as well. A truck is essentially a small tank. Against a small tank, a bicycle has no chance in any impact at speed. Any driver who uses his truck, car or motorcycle as a weapon, should lose their license to operate any motorized vehicle for a very long time.” If you or someone you know or care for has been injured as the result of a bike crash (or “near miss”) with a truck, car or motorcycle and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as Virginia, Maryland and DC have legal time limits for these cases.
Weehoo iGo Bicycle Pedal Trailers
On September 13 Weehoo announced a recall of one of its products, an attachable children’s seat for a bicycle called the “Weehoo iGo Bicycle Pedal Trailers”. Fortunately, there have been no major injures and any owner of the product can contact the manufacture (800-538-6950 or Weehoo’s Website)for the repair piece, but please discontinue use immediately. Also, report any injuries sustained if you have experienced a failure in the product as described in the recall report. This decision was voluntarily made by the company after it was discovered that one of the connecting pieces could crack and break from the bicycle which could result in harm to the child.
For more information regarding this recall please consult the following article. If you have any questions or concerns regarding injures of any kind and would like legal advice please don’t hesitate to contact us at The Herndon Law Shop or call at 703-796-9555
Herndon police are enforcing drunk driving laws because of the increased danger to local roads by intoxicated drivers
Virginia wine sales are up to an all-time high, according to recent press accounts. Virginia is home to nearly 200 wineries, the fifth largest number in the United States. While the Commonwealth of Virginia collected almost $1.8 million in wine liter tax revenue this year, up from $1.6 million in 2010, Herndon lawyer Doug Landau is concerned whether the increase in sales will lead to an increase in impaired and unsafe driving on the roads of the Commonwealth. Having represented the victims of drunk driving crashes, the team at the Landau Law Shop would rather see greater education, prevention and enforcement rather than an increase in injury and mayhem on the highways, interstates and local streets. If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and alcohol was a factor in the unsafe driving, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.
Follow the correct procedure for getting copies of records into evidence instructs Herndon Reston trial lawyer Doug Landau, or you may not get important evidence to the jury to consider in your car crash case !
Usually we tell clients at the Landau Law Shop that papers simply do not “walk” into court at trial. Either a witness has to talk about the papers (like medical bills, pictures of the car crash scene or draw a diagram to demonstrate who hit who where), or the parties to the lawsuit have to agree ahead of time.
However, there are some documents that do not need to be “escorted” into evidence so that the jury can look at them. Judicial records can be admitted by a trial judge without a witness, but nonjudicial records must be properly authenticated in order for the jury to look at them and take them to their deliberations. Herndon Reston trial lawyer Doug Landau has seen lawyers try to get papers admitted into evidence and fail (more…)
Every year we hear the sad news of a teenager being killed or badly injured in a car crash by news-reporters citing studies showing how such a tragedy could be prevented followed by over embellished shallow sympathies. Clearly this is not the best approach as more thought should be put in before a crash, not after. This is why S.A.D.D. (Students Against Destructive Decisions) and Liberty Mutual are looking into the real reasons teens are having crashes and what can be done.
One of the main issues with teen driving is the teens do not think they are to blame. “According to a study, 68 percent of teens admit to having narrowly avoided a crash”, but it was also found that the driver blamed just about every other factor except themselves. Teens admitted to using a cellphone for either texting or talking a little above 30% of the time but 92% of teens still think they are safe drivers. There is another conundrum facing adults trying to teach safe driving. Teens are not changing their driving habits for more than a month after a narrow miss, but many remain causes long after an actual crash. Seeing as having all teens experience a crash is clearly a bad idea, but how do you teach them the same lesson of how dangerous are car can be.
We would love to hear was you think about the subject by responding to this post. Also, if you know of any driver which has been involved in a car collision feel free to contact us at The Herndon Law Shop or call us at 703-796-9555
Reston Triathlon finishers are all shapes, sizes & ages !
The anniversaries of the 9-11 attacks are noted with sadness every year at the Landau Law Shop, as several victims’ families have been clients as the result of the fatal losses they sustained and are still enduring. The 28th Reston Triathlon fell on this fateful day. A moment of silence was held at the South Lakes High School track in memory of those who lost their lives, were injured or suffered occupational disease from the crashes and their aftermath. Then the strains of the “Star Spangled Banner” were heard from the Seahawks stadium, played movingly by Pavel Pegarsky. Pavel is a National Sympthony Orchestra (“NSO”) violinist and triathlete, who himself was recovering from minivan crash injuries while cycling (more…)
Reston Triathlon volunteer Doug Landau checking helmet safety before tomorrow's race at South Lakes High School
If you pick a fight with race directors or volunteers when they try to protect you from head trauma or brain injury.
“Not every Triathlon or multisport competition takes the time to inspect helmets, but when they do, it is for the athletes’ safety. When a triathlete, duathlete or bike racer competes with an unsafe, cracked, delaminating or outdated helmet, they are ‘Voluntarily assuming the risk of harm,’ adds All American Triathlete Landau, whose “Law Shop” regularly helps injured victims of other peoples’ unsafe conduct.
Under Virginia law, “Assumption of Risk” in and of itself may preclude any reimbursement for losses caused by (more…)
SPOKES Magazine cover for the Fall 2011 edition features Reston Bike Club riders assembling at the Hunters Woods Shopping Center for the weeknight group bike rides
“Riding with a bevvy of beauties on bikes has its rewards !” notes Herndon Reston biker lawyer Doug Landau. Featured on the cover of the current SPOKES magazine, Landau recognizes that there are more bicycling stories than just those that come out of the Landau Law Shop.
Reporter Brenda Ruby came out to ABRAMS LANDAU for interviews, and SPOKES Editor and Publisher Neil Sandler came out several weeks later to do follow up investigation and photos with members of the Reston Bike Club. As Landau has actually biked, raced, tried cases and helped clients in Maryland, Delaware, Virginia, North Carolina, West Virginia, New Jersey and the District of Columbia, he was a natural for SPOKES, which serves “Cyclists in the Mid-Atlantic States.”
One of Landau’s pet peeves is “poseurs,” not in the peloton, but in the legal field. “There are lawyers who have to advertise for clients. They do not ride competitively. They do not try cases in court. In fact, they almost never go to court. They lack the skills, staffing and courage. Nevertheless, these “pretenders” dupe innocent victims and then mishandle the bicycle crash, dog attack or defective bike product case, leaving the injured cyclist doubly harmed.
“In one case, a well known Leesburg law firm took a George Mason University bike crash case, and would have missed the time limit had we not taken over with just days to go. ABRAMS LANDAU timely filed the injured biker’s case in Loudoun County Circuit Court. The Loudoun lawyer has since been disbarred. In another case, a television advertising lawyer from Maryland was disbarred when he put in a claim for a bike crash that never happened, as he was on vacation with his wife in South America at the time !” Neither of those lawyers went to court regularly for injured athletes.
Bottom line, before you select a lawyer for your bicycle injury case, come see the lawyer in action, see what they have actually done in SIMILAR cases, and make sure they can “walk the walk” and are not just “peloton poseurs.” Just as you would not buy a new bike based upon the advertisements only, check the reviews, investigate and meet with a lawyer before hiring them to help you in your case.”
At the National Trial Lawyers convention in New York City this summer, Herndon injury attorney Doug Landau was told he was “crazy” for inviting potential clients, existing clients and their friends and families to come see him “in action.”
Yet that is exactly what we do every at the Herndon law firm ABRAMS LANDAU, Ltd. Here are cases, meetings, volunteer work, athletic competition and Continuing Legal Education (CLE) programs currently on the calendar this Fall:
- 9/7/2011 Manassas, VA: Virginia Workers Compensation hearing, slip and fall at a federal facility job accident case.
- 9/8/2011 Washington, DC: Trial Lawyers Association of DC “Meeting with the Judges” (CLE), at The University Club, 16th Street, NW, preceded by a program introducing the OsiriX software for Macintosh computers
- 9/09/2011 Alexandria, VA; U.S. District Court, Eastern District of Virginia, Alexandria Division, Motion in Limine (to exclude irrelevant evidence) in union construction plumber’s shopping mall on the job slip and fall case
- 9/10/2011 Reston, VA: South Lakes High School, bicycle helmet safety inspection and athlete registration volunteer for the Reston Triathlon
- 9/11/2011 Reston, VA: Lake Audubon, compete in Reston Triathlon,
- 9/15/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
- 9/18/2011 Winchester, VA: Warrenton Aquatic & Recreation Facility, compete in Virginia Triathlon Series (VTS) Sprint Triathlon, currently in 4th place in the Age Group, Landau hopes to again win the Series by accumulating enough points in addition to Masters and Age Group awards. ABRAMS LANDAU, Ltd. is a sponsor of the series.
- 9/20/2011 Fairfax, VA: Fairfax County Circuit Courthouse, Ethics and Social Networking CLE program sponsored by the Fairfax County Bar Association.
- 9/22/2011 Williamsburg, VA: Virginia Workers Compensation hearing, job vehicle accident case, late payment penalties
- 9/22-25/2011 Atlanta, GA: American Association for Justice (AAJ) College, Sheraton Atlanta Hotel, (CLE)
- 10/02/2011 Spotsylvania, VA: Acorn Sprint Triathlon, Lake Anna Beach marina, final competition in the Virginia Triathlon Series, Bumpass, VA
- 10/03/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
- 10/5-6/2011 Monroe, LA: Social Security Administration, Disability claim before an Administrative Law Judge on a case remanded from an unfavorable decision for a client for whom ABRAMS LANDAU was successful in his car crash and related workers comp claims.
- 10/6-9/2011 Bergen County, NJ: Client visit, returning to volunteer at High School Parents Weekend, McLean, VA
- 10/10/2011 Richmond, VA: Mediation in a Virginia Workers Compensation claim for a disabled nurse with a Tidewater area insurance defense firm, even though the office is closed for the Columbus Day holiday.
- 10/12/2011 Fairfax, VA: Virginia Workers Compensation hearing, health care provider’s slip and fall brain injury case; the original claim was won, but when additional brain surgery was needed, the insurance company disputed that it was related to the original, on the job fall on the ice and refused to pay the medical bills.
- 10/13/2011 Fairfax, VA: District Court of Fairfax County, monitoring the Traffic Court prosecution of the defendant whose unsafe driving caused permanent injury and death.
- 10/15-16 Williamsburg, VA: Old Dominion University Department of Accounting, compete in annual 5km.
- 10/17/2011 Fairfax, VA: Virginia Workers Compensation hearing, nurse’s car crash back and head injury case. The original claim was won (covering her spinal surgery) and her car crash liability case settled for policy limits, but when additional traumatic brain injury case was sought, the insurance company disputed that it was related to the original, on the job crash and refused to pay the medical bills.
- 10/19/2011 Manassas, VA: Virginia Workers Compensation hearing for a Michigan client with a back injury
- 11/3/2011 Fairfax, VA: Virginia Workers Compensation hearing, after winning permanent and total disability hearing against the Department of Disability Services, seeking van modifications and other additional benefits
- 11/4-6/2011 Lakeville, CT: Volunteer Leadership Weekend, The Hotchkiss School
- nurse’s car crash back and head injury case.
- 11/11-13/2011 Richmond, VA: Virginia Trial Lawyers Advanced Workers Compensation retreat, (CLE) Courtyard by Marriott West
- 11/12/2011 Richmond, VA: Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival, compete in 8km. road race.
- 11/18/2011 Herndon, VA: Herndon Community Center Annual Turkey Trot 5km cross country race (in the afternoon, just blocks from the Landau Law Shop !)
- 11/23/2011 Glen Ridge, NJ: United States Track & Field-NJ Championship Road Race, Ashenfelter 8K Classic, benefiting the Glen Ridge Educational Foundation (Landau Law Shop closed for the Thanksgiving holiday)
- 11/30/2011 Colorado Springs, CO: Triathlon World Championship Age Group Sprint Distance qualifiers, like All American Doug Landau, international paperwork for competition in Auckland, New Zealand, October 14-22, 2012
If you want to see Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial, judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.