Landau Injury Law

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.

There are some aspects of Virginia workers compensation law that are just plain frustrating.  In the wake of a workplace accident that results in some sort of injury, it is natural to believe that you might have legal recourse against your employer—just like you would against anyone who is potentially responsible for causing you to sustain an injury. After all, isn’t the threat or litigation supposed to incentivize safe work environments and practices? While litigation may seem like the natural response, many employees injured on the job are actually surprised to find that oftentimes, that door is closed to them. Why is it, exactly, that employers seem to receive this special protection?  The brief answer to that question is (more…)

Wrongful death lawsuits filed by families of Virginia Tech students killed in the 2007 massacre in Blacksburg will move forward, a circuit court judge ruled November 22.  On April 16, 2009 — the two-year anniversary of the deadliest shooting on a college campus in U.S. history — lawsuits were filed in Fairfax County Circuit Court on behalf of two families who lost their daughters that day.  The plaintiffs said in a statement they hoped to receive accountability for the tragic events of April 16, 2007.  The lawsuit, which asks for a judgment of $10 million in compensatory damages, alleges university administrators were “less than candid” about responding to questions put to them by a university review panel that issued a report to former Virginia Gov. Tim Kaine (D).

According to news reports, Judge William Alexander, who sits in Montgomery County Circuit Court in Christiansburg, initially ruled in January the case could proceed against (more…)

A Virginia Circuit Court judge has ruled that two $10 million wrongful death lawsuits filed by families of Virginia Tech students killed in the 2007 massacre in Blacksburg can go forward.  On April 16, 2009 — the two-year anniversary of the deadliest shooting on a college campus in U.S. history — the lawsuits were filed in Fairfax County Circuit Court on behalf of two families who lost their daughters that day.  The plaintiffs said in a statement (more…)

Rehabilitating dogs trained to fight caught my attention, as I had followed the sad saga of Michael Vick and his dangerous Pit Bulls.  At ABRAMS LANDAU, we have helped many adults and children attacked and permanently injured by vicious and dangerously trained dogs.  An NPR news story examined what has happened to the canines since Vick’s arrest after the bust at “Bad Newz Kennels.”

The pit bulls showed clear signs of being abused and tortured at Vick’s Virginia fighting compound.  In my opinion, as Vick has never fully apologized or taken responsibility for the pain, torment, violence and suffering he facilitated, he should not be so soon forgiven.  However, I try to look for the good in any situation, and it turns out there was also a successful effort to rehabilitate the pit bulls rescued from his property in the Commonwealth. Many of these dogs found new lives as pets, and others live peacefully with other dogs in animal sanctuaries.  A new book, The Lost Dogs: Michael Vick’s Dogs and Their Tale of Rescue and Redemption, by a Sports Illustrated writer also tells the story of these abused animals and their new lives.

Herndon injured workers lawyer Doug Landau notes that an on the job accident may result in several possible legal claims for the disabled employee

In some cases, you may also be able to sue your employer while receiving workers compensation benefits. For example, if your employer retaliates against you for making a claim by demoting you, reassigning you, or cutting your hours, he or she may be culpable. You could also sue your own employer if your company doesn’t offer or did not purchase workers’ comp insurance (and was required to do so under state law), though this is a rare situation. In such a case, the Uninsured Employers Fund may provide basic workers comp benefits, and you can still bring a lawsuit against your employer.

However, if you find yourself in this kind of position, a personal injury attorney who specializes in workers’ compensation cases can help you by negotiating on your behalf with your employer and its insurance company for an out-of-court settlement.  If the job accident case cannot be settled, there are time limits for filing a lawsuit for a work injury case.  The time limits for such personal injury cases in Virginia, Maryland and the District of Columbia are not the same, according to Herndon workplace injury and accident lawyer Doug Landau of ABRAMS LANDAU, Ltd.

Drunk drivers who cause harm to others, shop lifters and other non-violent criminals should "do time" in public punishment, like these stocks in Colonial Williamsburg

Call him “old fashioned,” but Herndon injury lawyer Doug Landau likes the idea of “Public Punishment” rather than private penalties and fines.  For shoplifter and other convicted non-violent criminals, the former prosecutor believes that public display may help prevent future misconduct.  Since recidivism is a problem with minor criminals who do not serve long jail sentences, public punishment, rather than merely paying a fine, ticket or court costs, may help deter future misconduct.   Landau was particularly interested in a Florida judge’s sentencing shoplifters to carry a sign in front of the store that they stole from as part of their punishment.

A Putnam County judge sentences Defendants guilty of shoplifting to a public punishment.  This sentence allows everyone to read that the Defendant broke the law. Judge Peter Miller sentences Defendants to carrying a sign saying, “I Stole From A Local Store”.  According to the Jacksonville News story, it is a punishment Miller has used for many years. Channel 4 spoke to him about the punishment a few years ago, and he’s still doing it now.  ”They hate it,” Miller said. “That means I’m doing something right.”  It should be noted that even if the punishment does not stop a person from becoming a repeat offender, it can save taxpayers money by not putting someone in jail. In addition, it sends the public a message.  Landau would like to see more public punishments, especially as people think they can commit crimes, pay the fines and have none of their friends, neighbors or employers find out.

Post-exam Virginia Tech "Beer Pong" game leads to fight, skull surgeries, head injury lawsuit and this month's Virginia Supreme Court decision

After finishing final exams at Virginia Tech, Adam Copp was celebrating and playing beer pong with one of his roommates at a Blacksburg apartment.  Two strangers joined the game and one of them, Carson Dugger, said something to offend Copp.  The young men then got into a shouting match that turned physical when Dugger’s friends came on the scene.  Copp found himself with four or five people between him and Dugger.  Copp swung his arm and struck one of Dugger’s friends, Gregory Jacobson.  Copp said he was just trying to get free from the group.  Jacobson accused Copp of throwing punches and hitting him intentionally.  Jacobson, the plaintiff in this case, was badly injured. Two surgeries were required to repair his fractured skull.  Jacobson brought a lawsuit as the result of his severe and permanent head injuries against Copp for assault and battery, alleging intentional injury.

The Supreme Court of Virginia has just handed down a decision ruling that an insurance company owes a defense for the Virginia Tech student who was sued over injuries he caused in this fight.  Nationwide Insurance had a duty to defend (more…)

Police officers have dangerous jobs, and injuries in the “line of duty” are not unusual.  Doug Landau has represented law enforcement officers injured in the course of their employment.  Injuries from running the wrong way down an escalator, slipping on ice and being struck while writing a ticket are all cases that Alexandria and Fairfax Bar association member Landau has had experience with over the last 25 years.  A case that has recently come to the Herndon workplace injury lawyer’s attention involved a car crash that injured an Augusta County police officer.

plaintiff and his partner commenced a traffic stop of a suspected drunk driver. Plaintiff noticed a gun in the vehicle and ordered the driver out of the car, but the driver fled in the vehicle. Plaintiff pursued the suspect in his patrol car and was struck by an oncoming SUV driven by Defendant.  Plaintiff was unconscious for two days following the crash.  Plaintiff police officer alleged defendant was negligent in failing to use extra caution when approaching a police vehicle with its emergency lights activated.  Defendant stipulated to the amount of medicals and lost wages claimed by plaintiff, but asserted that plaintiff was contributorily negligent in causing the accident.  If successful, the contributory negligence defense precludes ANY recovery by an injured plaintiff.

The plaintiff alleged a closed head injury resulting in loss of consciousness for two days with no permanent cognitive deficits. Plaintiff also sustained a complete tear of the anterior and posterior cruciate ligaments, as well as the medial collateral ligament, of the right knee and a torn meniscus, all of which required surgery. A second arthroscopic surgery was needed when plaintiff was unable to bend his knee after the first surgery. Plaintiff also suffered a 4 cm head laceration and lacerations to his hands. Plaintiff claimed some disability, but was able to return to work with numbness in his knee and some scarring.  A bench trial (in front of a judge with no jury) resulted in an award of $450,000 in favor of the injured Plaintiff police officer.