Triathlon Trial Lawyer Doug Landau successfully mediated this college professor’s bike crash case in North Carolina. In prior posts, the facts of this bicycle accident and the cyclist’s injuries were described. Bicycle crash victims and other plaintiffs in negligence cases find that mediation can result in a fair result without the time and money expenditures caused by trial.
Herndon, Virginia Trial lawyer Doug Landau knew he had a strong case of liability (negligence) against the truck driver who hit his bicyclist client. The cyclist’s injuries were serious, and a lawsuit for the negligence of the driver was filed by Abrams Landau, Ltd., with local counsel, in Robeson County, North Carolina.
When the Insurance Company refused to pay for all of the injured athlete’s damages, Doug Landau filed the case in the local State Court. The Triathlon Trial Lawyer presented all of the evidence of the injured cyclist’s losses, in an effort to reach a fair compromise settlement. However, the Insurance Company refused to consider the injured cyclist’s loss of earnings. Because the bicycle tourist was “on sabbatical,” the Insurance Company for the negligent driver maintained that there was no “wage loss.” Defense Counsel for the trucker who hit the Triathlon Trial Lawyer’s client argued that since the Professor was not “at work,” there could be no wage loss for the disabled cyclist.
The Athlete’s Lawyer assembled the proof, exhibits and testimony necessary to defeat these defenses on behalf of the disabled biker. The professors who worked with the injured bike rider were prepared to testify that Mr. Landau’s client was previously: motivated, very active (he actually participated in the sports he was teaching) and physically fit (he would ride his bike to and from work, a round trip of over 50 miles !).
Since the accident, he has: gained weight, become depressed, and curtailed his activities. The injured bicycle rider also worked the night desk at a Loudoun County athletic club near his home, prior to the accident. After the crash, the injured Phys.Ed teacher was unable to return to that position, or join in the sports and social events that he was accustomed to participating in prior to the crash. This disabled biker had continuing symptomology as the result of this accident. Triathlon Trial Lawyer Doug Landau learned from the treating doctor that his injured client will need for future medical care as the result of his closed head injury. Cyclist brain injury cases present difficult issues, even when the bike rider is wearing an appropriate helmet and riding with reasonable care.