Triathlon Trial Lawyer's North Carolina Bike Crash Case, continued

Before a Court will allow a jury to decide on the amount of damages to award an injured bike crash victim, there must be evidence of “liability.” Liability is often called “fault” or “negligence.” Once there is proof of “fault” by the Defendant Driver, then the injured cyclist’s trial lawyer is allowed to present the damages sustained. Triathlon Trial Lawyer Doug Landau reminds clients that no matter how serious their injuries, head trauma or brain injury, absent objective proof of the Defendant’s fault, the jury may never hear about what has been taken from them by the other driver’s negligence.

Liability

The Defendant acknowledged traveling too fast for the road conditions that day prior to the bike crash. The negligent driver was issued a ticket for driving his pickup truck “at a speed that was greater than was reasonable and prudent under the conditions.” [N. C. Uniform Citation]

The Athletes Lawyer’s research revealed that the Defendant driver plead guilty to “excessive speed” immediately prior to the bike crash. This driver, who acknowledged striking the innocent cyclist, did not seek an appeal of his Traffic Court conviction. The injured bicycle tourist was traveling at slow speed in the moments before the crash.

The Plaintiff was not riding in a peloton when he was injured, as the tour riders were spread out. This fit, middle-aged Professor was on the right side of the roadway at the moment of impact between his touring road bike and the truck. The vulnerable cycle tourist had nowhere to go because of the bridge guardrails when the Defendant’s truck struck him without any warning.

Triathlon Trial Lawyer Doug Landau Successfully Mediates Bike Crash Case in North Carolina, part 1

I. Facts of the North Carolina Bicycle Tour Bike Crash

Abrams Landau client, a professor at a local community college in Virginia, was on the 13th day of a bicycle tour from Maine to Florida. This was his “dream vacation.” This ultra-fit middle-aged cyclist had worked for many years in order to earn the Sabbatical Time to ride the length of the East Coast. Then Doug Landau’s client was involved in a bike crash that brought his dram trip to an abrupt, and painful end.

Traveling North on U.S. 301, the bicycle tourist was struck by the Defendant’s truck and “thrown 107 feet coming to rest in the roadway” according to the Police Report. The Defendant’s Ford pickup truck sustained significant damage skidding and slamming into the bridge guardrail after the crash with the biker. The impact with the innocent bicycle tourist occurred as the Defendant’s car tried to go around the bike between two bridges. The professor never had a chance before the bike crash with the pickup truck.

Read more about this bike crash and injured cyclist in tomorrow’s post…

Other Trial Lawyers who actually compete and try cases:

Other Trial Lawyers who actually compete and try cases:

 

Ervin Gonzalez, COLSON, HICKS, EIDSON, GONZALEZ, etc. Miami, FL. This is one of the poremier South Florida firms. Ervin was Doug Landau’s trial partner in Miami and has become one of the most successful trial lawyers in the country. Ervin@colson.com

Jim Krueger, Esq., is an All American Swimmer, a Maccabiah Games Gold Medalist, and front page USMS swimmer and one of the great trial lawyers in the United States. His firm is located at: 2065 Main St., Wailuku, HI 96793-1693 (800-724-7563; F:808-244-4177) www.Kruegerlaw.us (check out the “Competition section- This guy rocks !) mauiswim@gte.net

Ian McGuire, Myrtle Beach, SC was my co-counsel in our “speed bump” trip and fall case for a local Sterling, Virginia teacher. He also raced with the TriathlonTrialLawyer in the Miami MetroZoo “Jungle Jog” during the American Association for Justice mid-Winter convention. Ian D. Maguire, Esquire, Fennel & Maguire, Attorneys At Law, 607 Briarwood Drive, Suite 1, Myrtle Beach, SC 29572 (843) 361-7549/ FAX: (843) 361-7048

Mike Ronemus worked for Norman Landau in NYC. TriathlonTrialLawyer Doug Landau “re-connected” with Mike at the finish line of the New York City Triathlon. Michael B. Ronemus, Ronemus & Vilensky, 112 Madison Ave., New York, NY 10016 (212) 779-7070 mike.ronemus@ronvil.com www.ronvil.com

Upcoming (FREE !) Medical Presentation on Treating Common Sports Injuries. Ask the Experts

Who doesn’t like free medical advice ? In an effort to continue to keep clients and co-counsel up to date on the latest developments in medicine AND the law, Triathlon Trial Lawyer Doug Landau wants you to know that the INOVA Hospital System is sponsoring another FREE seminar for the public this month. Herndon lawyer Doug Landau has

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DC Running Coach

I want to thank my good friend Michael Hamberger DC Running Coach for linking to our website. dkwl___hamburger.jpeg The “DC Running Coach” literally “ran into” the Triathlon Trial Lawyer at a DCRRC “bureaucratic runaround” at the FDR Memorial. Hamburger, a nationally ranked duathlete, had ridden into the District and was hurrying to make the start of the monthly 3k. Herndon Lawyer Landau, who is usually running late himself, helped him lock up his bike so as to make the race. Both DC Running Coach and the Triathlon Trial Lawyer made the start, though Hamburger had the better time. After cross examining his new acquaintance, Landau discovered that his new friend was also competing in the USAT National Age Group Duathlon Championships. Hamburger agreed to take the bikes to Mason, Ohio, and Landau found the lodging. Here they are, shown at the finish line of this challenging race. After stretching, refueling, comparing notes and packing, the DC Running Coach DC Running Coachreturned to training runners in and around our Nation’s Capitol, and the Triathlon Trial Lawyer returned to Herndon, Virginia and Abrams Landau, Ltd. to plan for future races and injured athletes’ cases.

Unique Products

Unique Products:

 

Time Window. People see the TriathlonTrialLawyer with an odd looking device on his racihng goggles. Is it a directional laser ? Is it an echo-location device ? Is he a cyborg ? NO – it’s the amazing “Time Window” a swim goggle timer. These ingenious devices, manufactured by Harry Linden, have been on the market for over 12 years. Harry Linden (lindensys@aol.com) LINDEN SYSTEMS, ATTN: Harry Linden, 146 South Sierra Vista Road, Santa Barbara, CA 93108 (Tel. 805-969-1895)

Newton running shoes have a unique feel as soon as you put them on, as they promote forefoot running. Not a good idea for heel strikers (or “heel-toe” running style), “toe strikers” like the TriathlonTrialLawyer have found them to be a good fit. In fact, TheAthletesLawyer has yet to get blisters racing in his Newtons, no matter how hot the weather or the competition ! Landau wants you to know that they are very expensive, and come with a lot of unnecessary shwag. The TriathlonTrialLawyer hopes that as sales increase, the price will come down. www.newtonrunning.com

Center Snorkel, Zoomers, metronome, etc. Finis has all the “weird” swim products you’ll ever need to keep you laps interesting. The toys Finis offers make swimming “almost fun,” says the TriathlonTrialLawyer Doug Landau. The durable training aids almost make me forget the anoxia and the fact that I’m getting lapped. www.finisinc.com Manufacturer of Leading Swim Brands Finis, Zoomers, Lane 4, SwiMP3

Aqua jogger belt. http://aquajogger.com. The AquaJogger® buoyancy belt comfortably suspends you at shoulder level in deep water allowing you to breathe normally and move freely while performing a wide variety of water aerobics exercise. TriathlonTrialLawyer Doug Landau has been running in deep water (and shallow) for 20 years since suffering a fractured foot and ankle. He finds this form of non-impact exercise recuperative and limbering. If you have an overuse injury like shin splints, stress fractures, iliotibial band pain, heel spurs, etc., this can be a great alternative exercise to “pounding the pavement.”

Triathlon Trial Lawyer published again in Fall, 2007 Newsletter of the USMS Potomac Valley Masters Swimming Newsletter

Triathlon Trial Lawyer Doug Landau was again published in the September, 2007 Newsletter of the Potomac Valley Masters (the Regional Governing body for the United States Masters Swimming or “USMS“), called “The Swimmers Ear.” Triathlon_Injury_Lawyer_Reston_swimmers.jpeg Landau, who had previously written about the United States National Age Group Triathlon Championships in St. Joseph, Missouri, turned his attention from legal advice for injured triathletes, disabled cyclists and sidelined swimmers, to athletic advice. In an article titled, “Time Saving Tips for the Aquadynamically Challenged,” Triathlon Trial Lawyer Doug Landau shared his thoughts on how to improve triathlon and aquathlon performance. The article can be found at:

http://www.pvmasters.org/~newsletter/Sep-07/Sep07.htm

Injured triathlete lawyer Doug Landau concluded, “With these half-dozen tips, you are sure to have a fast overall time, more fun and less aggravation at your next event. Good luck and see you at the races !” The USMS periodical noted that Doug Landau of Abrams Landau, Ltd., Herndon, Virginia, the “Trial Lawyer Triathlete,” (www.LandauLawShop.com) is a USAT Sprint and Olympic Distance Age Group All American, a three time winner of the Sport & Health Clubs Super Sprint Triathlon and the United States’ only gold medalist at the 2005 quadrennial Maccabiah Games in Israel. While he does not coach (he finishes his swim with other racers’ Bubbes !), he has successfully represented athletes who have been injured in accidents up and down the East Coast.

A New Year and a New Web Site !

Triathlon Trial Lawyer Doug Landau has undertaken this new web presence to organize his e-mails, race results, pictures and articles for athletes, athletic equipment, coaches and those in the Legal, Sports Medicine and Allied Health Professionals.

For decades, this Herndon Injury Lawyer has written about topics relating to injured athletes, sports medicine and athletic competitions and the law. In 1985 he wrote the seminal article for the Virginia State Bar Journal, “A Runners Rights and Remedies.” The Triathlon Trial Lawyer has written for the United States Masters Swimming (“USMS”) Association’s Newsletter for the Potomac Valley Region, “The Swimmer’s Ear.” After graduate school in Applied ANatomy & Physiology and as a member of the American College of Sports Medicine, the athletes lawyer was published in the ACSM’s “The Physician and Sports Medicine.” After beginning the practice of law in Virginia, Landau continued helping injured athletes. Recognized as an expert after publishing articles for PLserving as the Articles and Comments Editor for the “Journal of Sports and Entertainment Law,” at the University of Miami School of Law, the athletes lawyer has lectured on such topics as, “Orthopedics for Lawyers” along with the Virginia Spine Institute’s lead surgeon Thomas Schuler, M.D. In 2005, Herndon trial lawyer Landau lead a panel presentation in 2005 on “Medical Issues” for the Virginia Workers Compensation Commission.

DKWL_USAT_Nationals_07.jpeg

As for his Triathlon “credentials,” Landau is an Age Group All American Sprint and Olympic Distance Triathlete and has competed successfully throughout the United States of America and abroad. The Triathlon Trial Lawyer qualified for and competed in the 2007 USAT National Age Group Championships in Aquathon, Duathlon and Triathlon {See FInish Line Picture at Right ->]

The Outline for the site is simple and matches Landau’s goal whenever he travels.

Doug keeps his positive outlook by combining his travel for the Landau Law Shop (“CASES”) with RACES that might be in the vicinity, as well seeing the “FACES” of clients, witnesses and family members who reside in these PLACES.

A. Cases – Actual law cases tried by the Triathlon Trial Lawyer, interesting medical cases, Sports Medicine articles, lectures and related items from the public forum.

B. Faces – Photos from races, law meetings, sports events, etc.

C. Places – Links and Information for athletes, coaches, bike shops, physical therapists, personal trainers doctors, lawyers, and other interested persons.

D. Races – Schedules, Results, Editorials about special events and people.

Please let us know how you like this new offering from the Triathlon Trial Lawyer and the trial team at Abrams Landau, Ltd.