TheAthletesLawyer

Not 100 yards from his home, wife and two small daughters, the plaintiff triathlete was run down by Red Top Cab driver who gunned his engine, accelerated, turned and ran him down in the bicycle lane.

According to the eye witnesses, the cab driver cut him off and cut him down in front of the Starbucks.The cab passed a construction zone in front of the coffee shop and tried to turn into the handicap parking spot.The cabbie was: charged at the scene with “Failure to yield the right of way” and convicted in the Arlington General District Court.

As the result of the impact with the taxicab minivan, the side window was shattered. Pieces of glass needed to be surgically removed from this elite athlete’s scarred body. Bleeding from his face, arms, knee and body, nerves were severed around his orbit.The injured cyclist was taken by ambulance from the scene, to George Washington University Trauma Center, where he underwent six hours of emergency surgery. The patient underwent repair of multiple complex lacerations to the face, arms, chest, and leg.

The injured athlete, who the year prior had competed as part of the USA Triathlon team at the quaddrennial Maccabiah Games in Israel, is left with: scarring, glass still migrating about his arm, decreased grip strength, forearm weakness, lessened range of motion, reduced sensation in the elbow, numbness and tingling. This injured triathlete represents the top athletes in the world.The athletes lawyer Doug Landau was able to settle the case for policy limits.

The injured triathlete was able to resume some training after his lacerations had healed sufficiently, and he even managed to take part (though not race all out) in several events for which he had registered pre-accident.

This athletic plaintiff was eventually able to resume his triathlon competition in earnest. A year post-accident, this injured triathlete was even beating his counsel, the “Triathlon Trial Lawyer”!

CAPTION: Happy client and Counsellor at Law finish 1st and 2nd in their age group at the VTS Culpeper Sprint Triathlon, August, 2007.

Michael Hamberger, “DC RUNNING COACH” http://www.dcrunningcoach.com (Shown here with the Triathlon Trial Lawyer Doug Landau at the finish line of the USAT National Age Group Duathlon Championships in Mason Ohio. Coach Michael Hamberger has competed at World Age Group Long Course Duathlon Championships and is an All American Run-Bike-Run specialist. He also teaches at the Sidwell Friends School.)

Rehab to Racing (”R2R”): Dr. Allen Delaney, M.D. and his bride, Physical Therapist Mary Delaney, have made a name for themselves successfully coaching masters triathletes, injured athletes and recovering sports enthusiasts. Their unique background in medicine, together with their many podium finishes in a variety of championship multisport events in the USA and abroad, have made them the acknowledged experts in the field. R2R http://www.rehabtoracing.com/

Coach Al Delaney, left, in the Lake Montclair Triathlon Transition area. The woman trying to get his attention is esteemed Coach Mary Delaney, who is shown on the right with satisfied trainee (and Ironman competitor) Rob Colburn at the TriDC summer picnic fundraiser for Margie Shapiro’s 2008 Olympic Quest http://www.margieshapiro.com

TRI PERFORMANCE Brian Crow triath@comcast.net –(703) 887-5392

Brian owner and head coach of Tri-Performance, LLC has over 15 years experience coaching athletes in triathlons and general fitness. He holds a degree in Kinesiology and Health Promotion and is certified by Coopers Aerobic Institute of Dallas Biomechanics of Strength Training, Coopers Aerobic Institute of Dallas Providing Dietary Guidance , Cycle Reebok Spinning Instructor, AAPHRED Post Rehab Conditioning Specialist, NASM Certified Trainer, USA Triathlon Coach, and is a Certified Heart Rate Training Specialist. Brian has also been sponsored by Amino Vital Since 2004-2008, and by Cavalier Logistics in 2007. He brings a positive and fun attitude to those he coaches and trains. Proper technique, a well planned exercise program and a strong desire to be the best are paramount in reaching maximum results.

Tri-Performance focuses on making athletes stronger and faster in endurance sports, as well as providing the best in customer services and customer care in coaching and event management and timing.

.

EXPLOSIVE PERFORMANCE (Speed, Agility, Quickness) - Rob Rose, the “Zen Master of the first step,” and his team have been coaching and training top athletes at the Sport & Health Club at Worldgate (Herndon, Virginia) as well as other locations in the D.C. Metropolitan area http://www.explosiveperformance.com/

.

Fins, Wheels, Feet - Swim Dynamo and the driving force

behind the underwater videotaping at Freedom Fitness at the George Mason University Aquatic & Athletic Center in Manassas, the Centreville Sprint Triathlon at Virginia Run, Riptide Swim and Tri Store in Gainesville, Riptide Swim & Tri info@riptideswimandtri.com and 703-753-5111) Shandra Richardson, Co-Founder/Co-Race Director, Fins Wheels Feet Racing, http://www.finswheelsfeet.com/ The always affable Mrs. Richardson has a tent at the Reston Triathlon and is Founder and Head Coach of the Riptide Swim Team, which helps train swimmers in Prince William County.

Tri It Now - Led by long-time triathlete Ina Nenninger, “Tri It Now” puts on some wonderful, short, triathlons for beginners and kids at Freedom Fitness at the George Mason University Aquatic & Athletic Center in Manassas, and other locations. Ina put on her first race in 1998, an event where there were even lounge chairs for the participants in the transition area of that McLean race! Over the years the races have grown a lot in frequency and number of participants, and have outgrown the lounge chairs…now replaced with more traditional bike racks. Tri It Now’s positive outlook, experience and programming has helped many a “newbie” and veteran alike. http://triitnow.com

Triathlon Trial Lawyer Doug Landau was again published in the December, 2007 Newsletter of the USMS Potomac Valley Masters Swimming Newsletter. http://www.pvmasters.org/~newsletter/Dec-07/Dec07.htm

The Newsletter of the Potomac Valley Masters (the Regional Governing body for the United States Masters Swimming or “USMS”), is called “The Swimmers Ear.” Landau, who had previously written about the United States National Age Group Triathlon Championships and “Time Saving Tips for the Aquadynamically Challenged,” wrote about the difficulties encountered by triathletes, open water swimmers and multi-sport athletes trying to train for their demanding events. Triathlon Trial Lawyer Doug Landau shared his thoughts on the laws involved when athletes are prosecuted for trespass. Since publication, the convicted masters swimmers have performed amazing feats of community service along the W&OD Bike Trail in Herndon (near the “Landau Law Shop” at the 20 mile marker and Herndon Caboose !) and Loudoun County. The W&OD Bike Trail is much cleaner thanks to their hard work.

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 or train anyone, he has successfully represented athletes who have been injured or become disabled in accidents up and down the East Coast.

[Doug Landau shown with Maccabiah Triathlon and Half-Marathon teammate Jonathon Vakneen. Vakneen was not one of the infamous “Speedo 6.” The Triathlon Trial Lawyer was getting some some pointers from Vakneen, an international swimming, running, biking and triathlon coach. The Athletes Lawyer was traveling in Southern California where Doug Landau was able to swim with Vakneen in one of the Santa Monica College’s enormous outdoor pools.]

USAT All-American Sprint and Olympic Distance Triathlon Trial Lawyer Doug Landau had an excellent

year in Courts with his cases and on the courses at the races.

With the conclusion of the Triathlon season, the results of the competitive state-wide Virginia Triathlon Series have been published. In order to win series awards, multisport athletes like Herndon Lawyer Doug Landau had to race in at least four races. Their race times were compared to other competitors, and points awarded based upon: the difficulty of the race, the distance, the number of competitors and winning times. Virginia Trial Lawyer Landau won his age group outright at races in Lynchburg and Reston. The overall Virginia Triathlon Series (“VTS”) standings can be found at: http://www.setupevents.com/files/VTS_Standings_07.html

USAT All-American Sprint and Olympic Distance Triathlon Trial Lawyer Doug Landau had an excellent year in Courts with his cases and on the courses at the races.

With the conclusion of the 2007 Triathlon season, the results of the competitive state-wide Virginia Triathlon Series have been published. In order to win series awards, multisport athletes like Herndon Virginia Lawyer Doug Landau had to race in at least four races. In 2006, this Triathlete Trial Lawyer had the highest score in his category, but only competed in three events.

The way the series is scored, race times were compared to other competitors, and points awarded based upon:

the difficulty of the race,

the distance of the triathlon,

the number of competitors ,and

the triathlons’ winning times.

Virginia Trial Lawyer Landau won his age group outright at races in Lynchburg and Reston. The overall Virginia Triathlon Series (“VTS”) standings can be found at:http://www.setupevents.com/files/VTS_Standings_07.html

Bicyclists have similar duties (http://www.virginiadot.org/programs/bk-laws.asp) to a motor vehicle when on the road. There is a legal duty to drive at a reasonable speed and to keep a reasonable lookout for other vehicles. They must also take care to pass bicycles at a safe distance and speed. The Virginia Code (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-839) provides that any driver overtaking a bicycle, when going in the same direction, must pass at a reasonable speed and at least two feet to the left of the bicycle.

When a cyclist is cut off or driven off the road, problems of proof can prevent an injured plaintiff from legitimate recovery for their loss. Objective proof, eyewitness testimony and/or physical evidence can help in a bicycle negligence case where the 2 foot zone and/or contact is disputed. [TriathlonTrialLawyer Doug Landau shown with the remnants of 2 bicycle helmets after bike crashes injured and disabled Abrams Landau clients.]

In one case, Fleeter v. Cawthorn (http://www.landaulawshop.com/pi_cases.asp#1), handled by TriathlonTrialLawyer Doug Landau, the Defendant motorist denied contact with the injured cyclist, who was traveling in the second position in a line of three cyclists on a two-lane road. That last rider of the trio, had been struck just moments prior to the tortious impact, as the driver did not pass with the two foot minimum safe distance. When cyclists are riding, as is often the case, in a pace line or “peloton,” another issue that arises is whether there is one accident or incident or two. The Fleeter case settled after it came to light that the Plaintiff’s witness had the bicyclist’s side mirror and several “scene depositions” showed the topography of the roadway.
As in most car versus cyclist cases, visibility and lines of sight are important issues. Even where the cyclist has the “clear line of sight,” recovery can still be had where the motorist is in violation of statute or other rules of the road. During the cycling portion of a well-known triathlon, a competitor was struck by a car within sight of the finish line. Colosi v. Willis, Cambridge, MD (2004). The motorist chose not to continue waiting despite signage and race volunteers. The resulting personal injury claim was not against the race directors or event promoters, but solely against the Defendant driver. Fortunately, as the plaintiff was in top physical shape, like many of our other client-athletes, he made an almost full physical recovery.
Critical to the success of both cases were personal inspection, familiarization, photographing and measurement of the scene as well as preservation of the physical evidence. It is also important to have documentary proof of the worth of the bicycle, as top end models can cost more than the cars that struck them!

Stores where you may see Triathlon Trial Lawyer Doug Landau shopping for sports equipment, bicycle parts, athletic gear and nutrition needs include:

A-1 Cycles : http://www.a1cycling.com/ Herndon, 2451-I3 Centreville Road (the Clock Tower Shopping Center, just South of the Dulles Toll Road “Herndon Exit”), Herndon, VA 20171. Phone: (703) 793-0400 and Manassas, 7705 Sudley Road, Manassas, VA 20109 Phone: (703) 361-6101.

Triathlon Trial Lawyer Doug Landau and his Team Gold buddies have been going to this shop for years. You can go to “Ned Devines” pub several shops down and watch the Boston Marathon or other sports event while your bike is fixed or tuned up !

Washington Bike Center, Address: 13061 Fair Lakes Shopping Center, Fairfax, VA 22033 (703-968-2404) Definitely some of the friendliest bike mechanics around, they have an almost life-size map of the W&OD Trail on the wall of their elongated shop ! The Triathlon Trial Lawyer’s wife would not dream of racing without having these bicycle experts go over her ride first.

Great Harvest Bread Company - www.greatharvest.com This place is the sine qua non for running, biking, blading and jogging on the W&OD Trail by the caboose in Herndon. Jack & Laurie Corkey and their friendly staff give out free samples, support lots of local running races, triathlons and other non-profit events and their bread and other goodies are DELICIOUS ! The Landau Law Shop is “down wind” and it’s all we can do to keep from running over and gobbling up their cookies, breads, scones and muffins every day ! Their coffee and other seasonal treats are also not to be missed. Shown here are runner and owner Jack Corkey; Triathlon Trial Lawyer Doug Landau, who had just won the George Washington University Law School’s “Race Judicata” 5km. Community member division; and, Great Harvest employee, Herndon High School and now Virginia Tech student Allison Robinson showing “the stuff champions are made of!”

HERNDON: 785 Station St, Herndon, VA 20170 703-471-4031
Hours: Tues-Fri 7am- 6:30pm, Sat 7am-5pm

VIENNA: 132 Church St, Vienna, VA 22180 703-938-0921
Hours: Tues: 10:30-6:30, Wed-Fri 9:30-6:30, Sat 9:30-5:00
Closed Sundays & Monday for a little loafin

Potomac River Running www.potomacriverrunning.com (Convenient locations in: Reston Town Center, Ashburn - just off the W&OD Trail, and Burke, Virginia). Margie and Brandon Shapiro and Ray and Cathy Pugsley make these stores a “family affair.” There are running groups, classes, seminars and race registrations hosted by this award-winning quartet and their friendly staff. They also know what they are talking about when recommending running shoes.

There is even a treadmill with a video camera so that you can watch your stride and foot strike while ”trying out” shoes !

Reston Store Manager Dave Miller is shown here for scale (he’s 6′3″) next to the treadmill and video monitor. Triathlon Trial Lawyer Doug Landau has burned out a few of Margie’s treadmills, but for most people, like Wat Kukei of The Madeira School (and CBTF Spring Biathlon Relay Team Winner) shown with his new shoes after a video tryout, this set up works great.

Riptide Swim and Tri http://www.riptideswimandtri.com/ 7320 Heritage Village, Plaza | Suite 101 | Gainesville, VA 20155 | (703) 753-5111 , Hours: Tues.-Fri. 10:00 am - 5:00 pm, Sat. 11:00 am - 4:00 pm., info@riptideswimandtri.com

Where do you think the Triathlon Trial Lawyer got his “aquadynamic” wet suit ? He even got to test “preview” this purchase, along with some other contenders, thanks to Chandra Richardson’s “Endless Pool.” They have a large selection of swimming supplies and are knowledgeable about triathlons and aquatics.

Pacers Running & Walking Stores www.runpacers.com,1301 King Street, Alexandria, VA 22314 (703) 836-1463. In Old Town Alexandria, this is the place to get your running shoes. They host race registrations, are knowledgeable and are not far from the King Street Metro Station and Amtrak Train Station.

Several local masters swimmers got a “cool down” of a different sort this summer when they were charged with “illegal swimming.”

While many of us could be cited for “inefficient strokes,” chided for “cheating on the lane lines” or even penalized for “unnecessary roughness,” few Potomac Valley USMS members think about “jail time” in the same sentence as “lap time.” However, five masters swimmers (“the Speedo 6”) got a very real wake up call to the laws and dangers of open water swimming.

The “Speedo 6” were arrested this summer and brought to court this winter.  The Defendants were charged under Virginia Code section 18.2-119 (Misdemeanor Trespass), for “swimming contrary to posted signs.”  The half dozen defendants were defended  by Triathlon Trial Lawyer  Doug Landau  (shown far left leaving the Leesburg Virginia Court house). Read the rest of this entry »

Abrams Landau lawyer Doug Landau has represented many children who have been injured by negligent drivers. The Herndon Virginia Trial Lawyer notes that many bicycle accidents each year involve those under eighteen years of age. In an earlier blog, the 2006 Virginia Bicycle Crash statistics were cited; one of those 12 fatalities and 835 injuries was to a child under the age of five (http://www.dmv.virginia.gov/webdoc/safety/crash_data/crash_facts/crash_facts_06.asp).

While an experienced road cyclist or triathlete may recognize the peculiar hazards presented to bicyclists, younger riders may not have the background to know how to anticipate danger and react according to the TriathlonTrialLawyer. Landau points out that children may lack experience riding on the road, may overreact, may be easily distracted and lack appreciation of dangers on the street.

Understanding that kids do not always appreciate the dangers of the road, experienced cyclist and triathlete Doug Landau counsels that drivers should treat a child riding a bike on the road just like a ball that rolls out onto the travel lanes: be hyper vigilant and expect the “unexpected.” Motorists, confronted by youthful cyclists, should use their “defensive driving” skills in order to avoid impact and injury.

In addition to the basic duties owed to bicyclists, motorists owe a heightened duty of care to children. As the Virginia Supreme Court noted in the case of Endicott v. Rich:

“Where the driver of a motor vehicle sees, or should see, a child in or near a street or highway he must exercise that degree of care not to injure [the child] that a person of ordinary prudence would exercise under similar circumstances, taking into consideration what is common knowledge- that the actions of children are erratic and unpredictable and that a child may act thoughtlessly and upon childish impulses.”

In other words, in determining the level of care that must be exercised, Herndon Virginia Trial Lawyer Doug Landau reminds us that motorists must take into account that “kids will be kids.”

“Virginia is for Lovers,” proclaim the bumper stickers and signs. But Virginia Law does not love injured cyclists, bicycle tourists, racers in the peloton and triathletes. Even though a bicycle rider may have sustained cuts, bruises, broken bones and even brain injury, the biker must still prove the negligence (fault) of the driver who caused the crash.

In many cases where the bike crash is mostly the motorist’s fault, Virginia bicyclists find out the harsh truth that their state is one of the very few that has “contributory negligence” as a valid defense to any recovery.

Contributory negligence is a complete bar to recovery in Virginia. This means that if the jury finds the Defendant is 99% at fault and the Plaintiff is 1% at fault, the Plaintiff cannot recover any of her damages. In many other states, if the injured bicyclist has $10,000 in losses, but is 10% “at fault,” she can still recover $9,000. Multi-state lawyer Doug Landau of Abrams Landau, Ltd., (shown here safely riding a stationary bike indoors during a spin class brick session)  points out that in Virginia, contributory negligence is a COMPLETE BAR to an injured cyclists recovery. The Triathlon Trial Lawyer notes that is imperative that bikers and drivers alike Read the rest of this entry »