Dulles Virginia Cyclist Gets Settlement to Pay for his Injuries
Dulles Virginia Cyclist Gets Settlement to Pay for Their Injuries, Cervelo Bike
A cyclist from Green Lizard and Reston Bicycle Club was badly injured by an SUV. Who did they look to as the best lawyer for their bike crash case? Doug Landau & the ABRAMS LANDAU bike injury law firm. The team at Green Lizard recommended that the innocent biker call as soon as possible, since evidence can disappear and they knew Doug Landau would know just what to do to help.
So, how did the crash happen? The bicycle rider was traveling well below the posted and safe speed limits South on Claiborne Parkway towards Loudoun County Parkway. They had the green light going through the Claiborne and Hay Road intersection. The driver made the left turn at the blinking yellow on Claiborne onto Hay, traveling approximately 25-30mph and hit the innocent biker.
When the innocent biker realized what was about to happen, he did his best to unclip their right foot from the bike and change the angle of the bike so that the Ford SUV would hit the back of their bike and not completely crush him. The SUV hit him with a powerful impact and threw him off the bike. The weight of the innocent biker and their bike was approximately 207 pounds. Momentum is weight times velocity, and the weight of the SUV, even at its relatively low point at the point of impact, was sufficient to cause significant injuries.
The unsafe driver stopped, gave their name and phone number and drove away. Another driver and cyclist witnessed the accident. The innocent biker called 911 and the law enforcement department dispatched the Sheriff. The Sheriff’s office contacted the driver and requested that she return to the accident location. She did and her account of the narrative was the same as the innocent biker’s. The driver admitted that she didn’t see the innocent biker.
As a direct result of the unsafe driver’s negligence, the biker was thrown violently to the ground while still clipped into the pedals of their bicycle. As a result, he suffered injuries to his left ankle, knee, hip, and right buttocks, lower back, shoulders, and neck. Police and EMS were called to the scene. The biker declined ambulance transport to the hospital and instead asked that their spouse take them there directly. The cyclist was examined at Stone Springs Hospital Emergency Department and thereafter released with instructions to follow up with their primary care physician and an orthopedic physician for their injuries.
Since the date of the incident, the cyclist received continued medical treatment, diagnostic testing, and pain management. Fortunately, at the time of this incident, the injured biker was afforded the ability to work from home. So he did not lose any wages related to this crash due to this privilege, and therefore did not make a wage loss claim. However, as is the case with many of Doug Landau’s bike crash clients, the property damage claim was significant. This client took their Cervélo carbon bike to Green Lizard for diagnosis, repairs and advice. The expert mechanics at Green Lizard have advised bikers when their bicycle is no longer “road safe” because of internal, irreparable cracks or bends in the frame. Their goal, like Lawyer Landau’s, is to promote bike safety and not cause needless danger on the W&OD Trail or roadways of Herndon, Sterling and beyond.
Mr. Landau’s accomplished client is a semi-professional athlete and was used to physical injuries related to his day-to-day training and competitive sports; but this incident has caused him additional pain and inconvenience due to required treatment with medical professionals. Due to the injuries from the crash, Landau’s client was required to wear wrist, knee, and ankle braces while their injuries healed. The wearing of these braces greatly impeded his ability to train for upcoming competitions, long bike rides, as well as functioning in everyday life.
As the bodily injury (“BI”) claim was valued in excess of the liability policy limits available, the ABRAMS LANDAU bike injury team advised the injured cyclist’s own insurance company of their intent to pursue and resolve the underinsured motorist claim as against the insurance policy in effect at the time of this incident, under Virginia’s recently enacted “tender and walk statute.”
In addition to the settlement of this client’s Property Damage claim for the bike, gear, clothing, etc., and the Bodily Injury case, the ABRAMS LANDAU team collected several MedPay checks to help pay for the co-pays, deductibles and other unreimbursed expenses. Getting Medical Payments insurance money (“MedPay” for short) is just one more “value add” that the ABRAMS LANDAU team can achieve, in addition to updating clients and their families throughout the process, understanding their clients’ needs and “walking the walk.”
This biker has since returned to riding with the Green Lizard and other group rides in Northern Virginia. Landau has seen him at Reston Bike Club rides that leave down the street from the ABRAMS LANDAU law shop at the Herndon ArtSpace municipal parking lot on Thursday evenings. This client’s strength, tenacity and dedication enabled him to return to form. As this client is much faster than his lawyer on a bike, Lawyer Landau hopes to “catch a draft” during one of the upcoming Reston Bike Club rides or other cycling event!
If you, or someone you care about, has been involved in a bike, car or other injury causing crash, please call the team at ABRAMS LANDAU now, as these cases have strict legal time limits and witnesses and critical evidence disappears faster than a flying peloton!