Fairfax & Loudoun Personal Injury Lawyer - Motorcycle Accidents

New book for bike crash victims, "Ten Mistakes That Can Derail Your Bicycle Injury Case."

Doug Landau — Fri, 27 Nov 2009 23:05:00 GMT

ABRAMS LANDAU received its first shipment of Doug Landau's new book, "Ten Mistakes That Can Derail Your Bicycle Injury Case." Drawing upon over 25 years' experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer's court cases in Loudoun County.

In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. The easy to read book talks about defective bicycle products, car crashes, cyclists attacked by dogs and head injuries. There are pictures of cracked helmets from Landau's head and brain injury cases, as well as discussion of the investigation of these sports injury cases. The Landau Law Shop is regularly contacted by injured bikers, and this new book is also intended to be a helpful resource for those cases and injured cyclists that we cannot help. If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Originally posted at InjuryBoard by Doug Landau

Construction on the W&OD Trail poses dangers for bikers, runners and cars

Doug Landau — Mon, 16 Nov 2009 00:36:00 GMT

Two trucks and a motorcycle narrowly missed hitting cyclists near the Herndon Post Office and lumber yard because the drivers were distracted by the construction vehicles and signs. While the speed limit is only 25 mph in the vicinity of the 7-11 and the W&OD Trail, cars and trucks coming from Eldon Street are confronted with signs on both sides of the street, a new light configuration and heavy construction equipment at the lumber yard building project. Small bikes and riders coming from Reston are not easily seen as they head West. And, with the noise, dust and confusion, motorists are surprised when a cyclist comes across their path.

If you are riding or training on your bike in the area of the W&OD Trail, be careful. Distracted cars, trucks and motorcyclists are confronted by new traffic patterns, vehicles turning into the Post Office and out of the 7-11 gas station and bank. It is a busy and dangerous area next to the trail used by bikers, joggers, walkers, roller bladers and skate boarders. If you or someone you know has been injured in an accident on or near the W&OD Trail, e-mail or call ABRAMS LANDAU (703-796-9555) today.

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

Virginia Motorcycle Safety: Looking The Part with Helmets and Eye-Protection Saves Lives

Danielle Landau — Tue, 14 Jul 2009 13:35:15 GMT

When it comes to driving a motorcycle, “looking the part” can be the difference between arriving at a destination and arriving at the hospital.

From 2001 to 2007 motorcycle deaths in Virginia have grown from 44 per year to a horrific 126 per year.

But preventing a horrific motorcycle accident can be as simple as getting dressed (the right way) in the morning. Wearing a helmet, eye protection, leather jackets, durable gloves, and proper footwear is not just a stylistic choice it is a safety precaution.

Most important in preventing brain and head injuries is wearing a helmet. According to the Virginia DMV, helmets are about 29 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries. A rider without a helmet is 40 percent more likely to suffer a fatal head injury than is a helmeted rider.

Passenger head protection is also enforced in Virginia. The Mandatory Helmet Law in Virginia states that,

"Every person operating a motorcycle shall wear a face shield, safety glasses or goggles, or have his motorcycle equipped with safety glass or a windshield at all times while operating the vehicle, and operators and any passengers thereon shall wear protective helmets . . .”

Eye protection is also vital to safety on the road. Dirt and debris can be stirred up by the wind as well as by the motor vehicles traveling in front of a motorcyclist. Good quality goggles, glasses with plastic or safety lenses, or a helmet equipped with a face shield can prevent eye tearing and face injuries.

In addition, wearing leather pants and boots simply furthers the protection between your body and the ground, in the even of an accident.

Motorcycle safety is a serious matter and could protect you when you least anticipate it.

Originally posted at InjuryBoard by Danielle Landau

No Medical Payments coverage for drunk or reckless driver...

Doug Landau — Mon, 06 Apr 2009 09:58:19 GMT

... even if they have paid for this insurance coverage

In many cases where there are serious injuries from a single or multi-vehicle car or motorcycle crash, there is coverage for the initial medical bills through "Medical Payments" or "MedPay" coverage. Recently, a motorcyclist who lost control of his bike and incurred more than $100,000 in medical expenses from the single-vehicle crash thought he had coverage through his own motor vehicle insurance policy. The injured motor cycle driver sought coverage for the medical bills under his individual insurance, but the plan denied the claim.

The reason? The motorcycle rider was charged originally with drunken driving and later plead guilty to reckless driving in the crash.

A provision of his insurance policy stated it “does not cover any loss that results from the covered person committing or attempting to commit an illegal act.” A Class 1 misdemeanor in Virginia, such as reckless driving, is by definition an illegal act, so the insurance company contended it was not obligated to pay the injured cyclist's medical expenses. Click to read the rest of Alan Cooper's excellent coverage in this week's Virginia Lawyers Weekly of Bailey v. Anthem Health Plans of Virginia Inc.

The "illegal acts provision" is in the insurance company’s individual plans but not in its group plans, in part because Virginia Code § 38.2-3504 specifically authorizes it for individual plans. When medical records demonstrate that the injuries occurred during the commission of an illegal act, the insurance company can enforces the provision, and exclude coverage, even for the injured cyclist who paid the premiums for the insurance protection. At Abrams Landau, Ltd., like other InjuryBoard members nationwide, we review our clients' own motor vehicle and other applicable insurance policies in order to coordinate benefits and maximize recovery after a disabling accident, bike crash or truck collision.

Originally posted at InjuryBoard by Doug Landau

Life Care Plans put a price on future medical expenses for motorcycle crash victims with brain injury

Doug Landau — Tue, 10 Mar 2009 10:25:00 GMT

In motorcycle crash cases, the past medical bills and wage loss can be proven with medical records, testimony by the treating doctors and co-workers as well as pay checks and W-2s. However, the cost of future medical expenses for brain injured clients is more difficult.

The Courts generally require an expert witness to testify as to the needs and costs of future care for these traumatic head injury victims. The trial judges act as "gate keepers" to keep out speculative or unsupported evidence. The jurors are not allowed to speculate or guess.

Qualified expert guidance is required in many motorcycle crash cases involving permanent, long-term injuries and medical services. While life care plans can be expensive, often costing thousands of dollars to be researched correctly, they can have huge impact on the final figures presented in court and entered by the trial judge. At Abrams Landau, we invest in our major cases and use Life Care Plans by qualified experts, so that our clients can have the benefits they require.

Originally posted at InjuryBoard by Doug Landau