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Tiger Woods crashes within a golf shot of his Florida house; Most car accidents occur close to home.

Doug Landau — Tue, 01 Dec 2009 22:25:48 GMT

Even superstar athletes hit ditches, sand traps, cars and fire hydrants close to home. Car crash lawyer Doug Landau notes that many of his injured clients were struck by another motorist with a few miles of their home. The Florida Highway Patrol will cite golf champion Tiger Woods for careless driving but will not press criminal charges for his car crash outside his Florida home last Friday, according to the Associated Press.

The ticket will include a $164 fine and four points against his driver’s license. The police report includes the following details:

* Woods crashed his SUV into a fire hydrant and a tree at 2: 25 on the morning of Friday, Nov. 27, 2009.
* The airbags did not deploy.
* Woods’ wife, Elin Nordegren, told police she used a golf club to smash the back windows of the Cadillac Escalade in an effort to rescue her husband.

Most car crashes happen near home. Two thirds of road accidents occur within five miles of a motorist’s home. And, the survey showed, nearly a third of crashes happen less than a mile from home. Crashing into a parked car was the most common type of accident within a mile of a driver's home, the poll of 3,800 people also revealed. Just 5% of car accidents occurred 26 to 50 miles from home, and 6% at distances of more than 50 miles away.

Of the accidents closest to home, the most common cause after hitting parked vehicles was crashing while driving out of a minor road, followed by reversing into a vehicle and by hitting a wall. Research suggests that many drivers appear to be in a comfort zone when driving close to home on familiar roads, hence why such a large proportion of accidents occur there. It's so important to keep a full level of concentration when driving, whether you're just popping to the shops or starting or ending a longer journey. These results emphasize this even more.' As one who has represented innocent victims of careless drivers, Doug Landau understands how important it is to pay full time and attention to te operation of our motor vehicle to avoid a car wreck or other accident in your own neighborhood.

Originally posted at InjuryBoard by Doug Landau

The Deadliest accident in Metro history

Doug Landau — Mon, 22 Jun 2009 22:00:40 GMT

One onlooker described the scene as "a mangled roller coaster", equating the deadliest crash in the history of the DC transit system to a smashed amusement park ride. The Washington Metropolitan Area Transit Authority, or WMATA, which operates the Metrorail (subway) and Metrobus services in the Nation's Capitol, reports a 6-car Red Line train derailed and collided with another train at about 5 p.m. EST. "The incident is under investigation but it appears that the trains were on the same track and the operator who was killed was on the trailing train," it said. The accident trapped passengers in one or more of the subway cars, and there were several fatalities reported.

Since the train system is considered a "Common Carrier," special rules apply when a passenger is injured or killed. In the case of WMATA v. O’Neill, the D.C. Court stated, “A common carrier is required to protect its passengers against assault or interference with the peaceful completion of their journey." The DC Court in the WMATA v. O’Neill case relied upon the Restatement (Second) of Torts § 314A(1)(a), which has been adopted or followed in many jurisdictions. The Restatement provides, “A common carrier is under a duty to its passengers to take reasonable action . . . to protect them against unreasonable risk of physical harm.” A bus or transit company, like WMATA, as a common carrier, owes a higher duty of care to members of the travelling public. When injuries occur on a subway, train or bus, there are special rules that apply to common carriers, and the rules and time limits for truck crash and car wreck cases may not apply. If you have specific questions regarding these laws, we at Abrams Landau Ltd. are eager to help. Read more about my thoughts on this horrific accident.

Originally posted at InjuryBoard by Doug Landau

“Hot Coffee” spills the beans on frivolous lawsuit charges

Doug Landau — Fri, 07 Aug 2009 11:53:55 GMT

Who has forgotten the 2.9 million dollar case where a woman spilled hot coffee on herself, got 3^rd degree burns on her legs, and sued McDonald’s for serving her coffee at 190 degrees? The facts of the case may be a little foggy, but everyone THINKS they know the facts of this case. The truth is, most people do not.

I recently attended a screening of the movie, "Hot Coffee" in which the family, doctor, lawyer and witnesses are interviewed to bring the truth about what McDonalds did to light, and how the press and insurance companies distorted the truth in order to portray this as a "frivolous lawsuit." The ABRAMS LANDAU, Ltd. personal injury trial team is against frivolous lawsuits. As a Herndon/Reston area trial lawyer I talk people OUT of bringing unnecessary claims.

But soon a unique production crew of editors, photographers and interestingly, a lawyer, will bring the details of the story to the big screen. “Hot Coffee”, presents Stella Liebeck's story in a documentary format. The makers hope that it will receive positive feedback at a future Sundance film festival and will outline the facts of the case that made headlines, and discuss why it has lead to so much discussion regarding law suit abuse and frivolous litigation. The film will expose the details by interviewing doctors, lawyers, jurors, and even Stella’s grandson.

The car was parked. There was no cup holder in the car. And McDonalds KNEW that their coffee was so hot that it would scald and cause permanent injury. McDonalds had almost 200 prior scalding accidents. The plaintiff burned through her flesh in her pelvic area and has permanent scars from the scalding and graft sites.

McDonalds admitted in the 1994 hearing that they were aware that they were serving extremely hot coffee but they tried to excuse their actions. The McDonalds representatives explained that most customers did not immediately drink their coffee, but instead drove away from the drive-thru window, and took the first sip 5-10 minutes later. But some customers want their caffeine fix right away, accounting for the hundreds of claims of burning coffee McDonalds had ignored prior to the famous Liebeck case.

So who was in the wrong? Did the elderly woman spill the coffee and throw an exaggerated fit? Or did McDonalds get what they deserved from an impartial jury when someone finally stepped forward to accuse them of their ignorance? “Hot Coffee” will reveal to audiences the true story that set the country ablaze.

Originally posted at InjuryBoard by Doug Landau

Injury lawyer Doug Landau supports the STANDUP Act teen driving law so that 5,000 teenagers won’t die in car crashes this year

Doug Landau — Sat, 01 Aug 2009 12:35:00 GMT

New legislation will create safer roads for teenagers, one state at a time.

The STANDUP Act is a comprehensive approach to graduated drivers licensing (GDL) that has already reduced injury and death in the states where these laws have been enacted. The STANDUP Act helps new young drivers gain experience under supervised and less risky conditions and addresses several major facets of the teen-driving problem.

- -STANDUP is The Safe Teen and Novice Driver Uniform Protection Act of 2009.
- -It is legislation that would establish minimum federal requirements for state GDL laws.
- -(GDL Laws or Graduated Driver Licensing laws allow young drivers to experience safe driving in stages before obtaining full driving privileges.)
- -It would encourage all states to adopt GDL laws that meet those minimum requirements within 3 years.
- -For 3 years following enactment states with the minimum GDL requirements would receive grants in an effort to help them with education and enforcement.
- -For states that don't comply with the STANDUP Act minimum requirements within three years, the Secretary of Transportation would withhold a percentange of certain federal highway construction program funds.

Originally posted at InjuryBoard by Doug Landau

Centros Legales de Habla Hispana

Beatriz Vargas — Mon, 09 Feb 2009 11:45:02 GMT

Douglas K.W. Landau, Melissa Landau y Beatriz Vargas de Abrams Landau Ltd. en el restaurante de Machu Picchu en Falls Church VA con los abogados Claudia Henriquez y Dan Choi de el Centro de Justicia de Asistencia Legal y ademas con Rosario Licona y otros miembros del Comité Hispano de Virginia para compartir y para aprender lo que todos hacemos para realizar un impacto positivo en las vidas de familias hispanas locales. Estas organizaciones refieren a clientes a nosotros, y nosotros referimos a gente que no podemos ayudar a estos grupos.

El Centro de Justicia de Asistencia Legal proporciona a servicios legales gratuitos en asuntos no-criminales y representación legal para los individuos de ingreso bajo en Virginia. Su misión es servir a ésos en nuestras comunidades que tengan el menos acceso a los recursos legales. El Centro de Justicia de Asistencia Legal está confiado a proporcionar a una gama completa de servicios a sus clientes. Sus programas son como siguen:
El programa civil de la defensa forma la base de su programa de los servicios jurídicos, proporcionando ayuda a los individuos y a las familias en Virginia central que se enfrentan a los dilemas legales relacionados con la vivienda, los beneficios públicos, el empleo, la protección al consumidor, o los derechos de los ancianos, a las personas institucionalizadas, y de otras poblaciones vulnerables.
En el programa Solo para Niños enfrentan los efectos perjudiciales de la pobreza sobre niños en Virginia, incluyendo la falta de éxito educativo y la sobre-implicación en los sistemas juveniles y de justicia penales, a travez de multiples estrategias de defensa. Su trabajo es reforzar cada uno de los concéntricos círculos del cuidado que existen alrededor de sus niño-clientes. Ellos tienen programas de Solo para Niños en Richmond, Petersburg y Charlottesville. En Charlottesville, también supervisan el Centro de la Defensa del Niño en la Universidad de la Escuela de Derecho de Virginia.
Uno de cada diez Virginians son nacidos en el exterior de los Estados Unidos, y cientos de millones de trabajadores inmigrantes con salarios bajos viven y trabajan en Virginia. Las barreras linguísticas y la infamiliaridad con el sistema legal de los Estados Unidos, los hacen vulnerables a la explotación, y frecuentemente trabajan sin pago alguno, trabajan en condiciones inferiores al nivel normal, y sufren con frecuencia altos riesgos de lesión en el lugar de trabajo. Muy a menudo no tienen ninguna parte a donde ir cuando se presentan los problemas. El Programa de Defensa para el Inmigrante- opera en sus oficinas en Charlottesville y en el Norte de Virginia con un personal que es fluido en español – llegan a proveerles ayuda y esperanza.

El Comité Hispano de Virginia es una organizacion privada, independiente, sin fines de lucro, exenta de impuestos, establecida en 1967 que permite a inmigrantes hispanos en el Norte de Virginia a una participacion más completamente, y de tal modo, que contribuyan a la sociedad americana. Es una organización hispana sin fines de lucro y lamás antigua y grande en el Norte de Virginia. El año pasado, el Comité Hispano de Virginia proporcionó sobre 50.000 servicios a más de 10.000 clientes. El comité tiene en su personal a 17 empleados de tiempo completo y 100 voluntarios, y su presupuesto de operacion actual es de $1,4 millones. Su junta directiva se reúne mensualmente. Tiene oficinas en Arlington, Falls Church y Alexandria. El Comité Hispano trabaja hacia su misión de promover autosuficiencia económica y de fomentar la participación cívica entre hispanoamericanos proporcionando a una amplia gama de programas y beneficios, incluyendo:

• Información y referencias, llamadas y visitas sin previa cita.

• Manejo de casos de servicio social, de gestión inmediata, básica y de emergencia.

• Servicios legales y de Imigracion, consulta y ayuda con aplicaciones.

• Compra/Venta de casa, asesoramiento de antes/despues de adquisicion.

• Educación financiera, instrucción y planes de accion en grupo e individuales.

• Desarrollo de la mano de obra, remisiones y colocación del trabajo, y ferias de trabajo trimestrales.

• Enseñanza para adultos, clases de ESL/ciudadania en las tardes y/o fines de semana.

• Educación de la juventud, asesoria/tutoría despues de la escuela y campamentos del verano.

Aprendimos que estas reconocidas organizaciones trabajan difícilmente para educar, para representar y para ayudar a clientes Latinos asi como lo hacemos en Abrams Landau Ltd.

Originally posted at InjuryBoard by Beatriz Vargas

Medicaid, Medicare - Who gets paid ? Why do they care ?

Doug Landau — Mon, 13 Jul 2009 14:48:44 GMT

Growing up, you probably didn’t realize you had an Uncle Sam. He never sent you birthday cards, wasn’t in any of the family photos, and no one ever shared amusing anecdotes about him at reunions or weddings. Then one day, probably when you were a teenager, he suddenly showed up, and nothing was ever the same. It was a day you will always remember. It was the day you got your first paycheck. Ever since then, old Uncle Sam has been an ever-present force in your life, showing up whenever the money does to remind you to pay his dear friend FICA for services rendered. Even though you weren’t close growing up, you now have a mutually beneficial relationship, filled with the give and take that comes with being an adult: he takes your money and gives you schools, public transportation, and social programs.

Uncle Sam is there to look out for you, which is why he provides programs like [url=http://www.medicare.gov/]Medicare[/url] and [url=www.cms.hhs.gov/]Medicaid[/url] to help cover inflated hospital bills and treatment expenses. The coverage afforded by these programs is invaluable to many of his nieces and nephews, particularly those who have been hurt in an accident, car crash, dog attack or by defenctive products, but his protection comes at a price, and this old timer always gets paid. However, if you stay informed, you may find that his piece of your financial pie is limited.

Say you are granted Medicare or Medicaid benefits for your treatment costs after an accident. The state agrees to cover expenses using federal funds, but will probably establish a [url=www.lectlaw.com/def/l036.htm]lien[/url], which ensures that after you receive a settlement, the state may recover some funds by claiming a portion of the settlement. However, because of the [url=http://216.218.243.84/~elderlaw/Articles/LienRecovery.pdf]lien prohibition[/url], the state is only entitled to repayment for the stipulated amount of past medical expenses.

This condition is best illustrated by the landmark case, [url=http://www.supremecourtus.gov/opinions/05pdf/04-1506.pdf]Arkansas Department of Human Services v. Ahlborn.[/url] In the case, the [url=www.state.ar.us/dhs/]ADHS[/url], which administers Medicaid in Arkansas, sought a lien on damages Ahlborn received from defendants while agreeing to cover her medical bills. The state attempted to recover nearly half of Mrs. Ahlborn’s $550,000.00 settlement, an amount which included compensation for her lost wages, pain and suffering. The Supreme Court unanimously upheld the appellate court decision, saying that ADHS was entitled only to the percentage of the settlement that applied to her past medical care (only about 16%).

If you are supported by Medicare or Medicaid, it is important to know that the government is entitled to its portion of your car crash case or dog attack settlement, but it is even more crucial to understand how large that portion is and that it is limited. As a general rule of thumb, give credit where credit is due: if Uncle Sam helps you cover a hospital bill inflated by $7000 ambulance rides across town and $10 aspirin, then he is probably within his right to get paid once you do; however, as a stipulation of Medicaid and Medicare, the government cannot claim your property. The government has no right to the portions of the settlement awarded as compensation for other elements of damage, like pain and suffering. The settlement, minus the amount Uncle Sam has given your local medicine men, is your property. If the cost of medical treatment is stipulated before the settlement is awarded, that is where the line is drawn to limit payment of a lien.

The property provision also keeps the state from recovering more than the amount of your car crash case or product liability settlement. If the amount you receive after an accident is less than the amount of your previous medical expenses, the government cannot demand the remaining amount from your pocket. It is also possible to apply to the state for a reduction of a lien if the amount of your settlement is not high enough to prevent financial loss on your part. An experienced personal injury ttorney can properly advise you of your rights and help you through the paperwork and technical aspects of dealing with medical coverage and settlements. This is the best way to make sure that you protect your assets and get fair compensation for your injuries. Remember that even though the state is entitled to payment, the government’s claim on your settlement is not infinite. When Uncle Sam shows up, knowing your rights can pay off.

Originally posted at InjuryBoard by Doug Landau

New Jersey driver negligent for "waving in" another vehicle into traffic

Lauren Holtzman — Wed, 20 May 2009 13:17:02 GMT

In June, 2006, a crash occurred when a truck driver named David Carhuamacca waved another vehicle, driven by Thurman Baker, onto the highway. As that vehicle was crossing, it collided with a motorcyclist who sufferred a concussion, arm injury, and cracked many teeth. While the truck driver later denied that he waved the car in, the police officer testified he told a different story at the crash scene.

A verdict of $1.5 million in damages was obtained in this case. While in most states this might reflect negligent conduct, based on common law, this case reflects a state law provision in New Jersey which holds drivers responsible for negligently waving a vehicle into traffic. In addition, this case nicely shows why it is important to talk to the police officer in personal injury cases - they may well remember the Defendant saying something different than what they do during depositions or at trial.

Originally posted at InjuryBoard by Lauren Holtzman

"Independent Medical Exams" are not !

Doug Landau — Tue, 10 Nov 2009 11:37:04 GMT

Almost every single case involving serious injury, permanent disability, head trauma or significant wage loss is confronted by an insurance company lawyer demanding an "Independent Medical Examination." The exam is usually not independent. It is not for treatment of the orthopedic or brain injuries, so the "medical" part of the phrase is intellectually dishonest. And as for an "examination," it's often more of a cross-examination than a genuine physical exam.

"Independent" medical exams ("IMEs") are commonplace in personal litigation, workers compensation, and occupational disease cases handled by ABRAMS LANDAU, Ltd. Because these are not truly "Independent" (as we see the same doctors performing exams for the same insurance companies who pay their bills, we refer to these as "defense medical exams" ("DME") or "insurance medical exams." A 3/31/09 New York Times investigation titled "Exams of Injured Workers Feed Mutual Mistrust," reported that, "Often IME doctors are hired by brokers that then have clerical staffs prepare reports based on dictation or checklists completed by the doctors, who often do not read the reports before signing them. The article gives examples of doctors signing reports on exams they never performed. One of the ways Herndon Reston area injury lawyer Doug Landau anticipates this practice is by offering the insurance company a physical exam early in the case, sometimes even before a lawsuit is filed. "The case we select involve serious, objective and usually permanent injuries," Landau notes. Because we have nothing to hide, I will offer to have my injured client submit to a voluntary physical exam with a qualified doctor, at a reasonable time and place, in lieu of a later examination after suit is filed." In effect, it is a "put up or shut up" move by the multi-state trial lawyer, known for his unique and innovative techniques.

Originally posted at InjuryBoard by Doug Landau

Passing on the right; who's right ?

Doug Landau — Wed, 02 Sep 2009 15:25:20 GMT

According to the National Highway Traffic Safety Administrations latest figures, the amount of motorcyclists involved in motor vehicle accidents has risen...again. With this year's increase of such unfortunate accidents, it has become as important as ever to be mindful of the "rules of the road".

This past year, 60% of motorcycle accidents occurred during the daytime. Many of these accidents occur in "passing" situations whereby a number of factors (quicker acceleration of motorcycles vs. cars, the smaller size of a motorcycle) can put cyclists at a disadvantage in terms of safety.

When passing a vehicle it's always important to do so on the left if possible. It's also good to make sure that the passed vehicle is not accelerating. If the vehicle you are looking to pass is accelerating it makes perceptions much more difficult in calculating how far ahead the next vehicle will be so as to not crash into them.

New York's Traffic Statutes dictate, when passing on a two-lane road to allow for 200 feet of space between you and the oncoming car. While passing on the right is not advised if other vehicles are passing you on the right you have to switch the right-most lane pursuant to New York Traffic Statute 1120(b).

Illinois takes it a step further in allowing passing on the right when you are on a two-lane road. It also utilizes the 200 feet rule. However, their rules on passing on a two-lane two-way road are very distinct:

Passing on a two-lane, two-way roadway is not allowed:

in an area marked for no passing by a solid yellow line on your side of the center of the roadway or a DO NOT PASS or NO PASSING ZONE sign.

on a hill or curve where it is not possible to see oncoming vehicles.

within 100 feet of an intersection or railroad crossing.

when the view is within 100 feet of any bridge, viaduct or tunnel.

when a vehicle has stopped at a crosswalk or intersection to allow a pedestrian to cross.

in a construction zone. All constructions zones on Illinois highways are no passing zones.

in any school zone. Under Illinois law, all school zones are no passing zones.

when a school bus has stopped to load or discharge passengers.

In general, the best way to remember the rules about passing are probably best defined as, "STAY LEFT". Unless it is your "only" option passing on the right is not advised. Drivers tend to only look at their passenger side mirrors when they are changing lanes. The relatively small size of a motorcycle can be missed in some mirrors and lead to catastrophic consequences.

So remember to obey the "rules of the road" and be mindful of cyclists!

Originally posted at InjuryBoard by Doug Landau

Lawsuit against Parent hosts of Teenage Sleepover allowed for girls death with reckless teen driver, Virginia Supreme Court reverses "No boys with cars" case

Doug Landau — Sun, 19 Jul 2009 13:25:00 GMT

As the parent of teenagers, when they have guests sleepover, I will no longer get any sleep. The Virginia Supreme Court has just ruled that even when kids leave our home, we may be held responsible for the harm or injuries that may occur.

Nearly 5 years ago, the father of a 14-year old girl dropped her off at a sleepover. He explained to the mother a rule that he enforced with his daughter at home, “no boys with cars”, and asked her to respect that rule. She insisted the girl would be safe and they parted ways.

But the host mother dropped the girls at the mall, and asked them to get a ride home from a 17-year old boy who had a driving record that would be worrisome to any parent. The young girl was killed in a car accident that night, and the grieving parents are suing for wrongful death.

But the real question is whether adults who agree to supervise and keep the child safe owe a duty to exercise responsible care and possibly take actions in the supervision of that child.

The case was dismissed in trial court, so the parents appealed to the Virginia Supreme Court. The justices insisted the parents have a case, as the majority opinion said the dead girl's family could bring their lawsuit. Now they have a second chance in trial court because the Supreme Court held the host parents could be held responsible for the child’s safety as the result of the promise. While the Defendant parents were not "insurers" of their guests safety, they do have a duty to act with reasonable care under the circumstances, such that if the evidence shows that they breached this duty, they may be held liable for damages by a jury at trial.

Originally posted at InjuryBoard by Doug Landau