TheAthletesLawyer

Doug Landau, Beach Sand Sprint winner !

Training barefoot has its advantages. In addition to “toughening” one’s feet, Doug Landau feels that running without fancy, padded sneakers allows athletes to strengthen the small muscles and tendons of the feet and ankles. Some sports scientists even liken Americans’ wearing of shoes from infancy to having their feet “casted,” leading to disuse of these anatomical structures, atrophy and future injury. Many top runners and Olympic medalists started their lives walking (and running) everywhere in bare feet.

After competing in the Playa del Rey Aquathon, Doug Landau did an “encore” and lined up to race in the one mile sand sprint. The Triathlon Trial Lawyer felt confident as to his abilities barefoot and on sand. But, when the race director announced that there would be obstacles that the runners would have to go over and under, and push ups at the end, the Herndon and Reston area sports injury lawyer realized he had his work cut out for him ! While Landau accidently went under the “over” obstacles, he went back and re-did them quickly enough to win the race, to the amusement and enjoyment of his family. Rumors as to Landau’s racing barefoot in several East Coast multi sport events are true, but he only pulls this stunt when the race is on grass, sand or he gives his shoes to another competitor !  Be advised, Lawyer Landau ALWAYS wears shoes to Court.

Swimming in the Pacific at Playa del Rey was LEGAL!

Swimming in the Pacific Ocean is a treat, and TriathlonTrialLawyer Doug Landau got to participate with his family on the West Coast at Playa del Rey, California. Competing in the Aquathon, Landau saw dolphins gliding effortlessly through the waves that buffeted the wetsuit-clad racers. While the swim was tough and Landau’s time was slow, he managed a good run (20:40 for 3 miles) on the flat, hot out-and-back course. Landau was thrilled to cheer on his wife, who also competed in the Swim-Run event, as well as his middle daughter and budding journalist, who ran in the “Playa del Run” 5km and won family bragging rights.  The eldest Landau daughter took pictures and ran all during the charitable beachside events that raised money for the “Heal the Bay” program.

USA Maccabi Triathletes Doug Landau, Rob Urbach and 2009 age group gold medalist, Mark Stuckelman at the Washington DC Dextro Triathlon

Mark Stuckelman, whom I met at my friend and 2005 Maccabi USA Teammate Rob Urbach’s home, was a winner today at the quadrennial Maccabiah Games in Israel. He won the gold medal in his age group and ended up 17th out of 180 overall. He relates, “It was the hardest race I’ve ever done. I was cooked at the finish. It was 102 [degrees] on the run and the course was long. Our team captain collapsed on the run and got taken to the hospital. He’s OK and will be released today. My time was 2:19:40. The Alterman brothers who race ITU [as professional athletes and won in 2005] and are ranked 20th in the world took the top spots, just under 2 hours.” Congratulations to “Stuck” and all the members of the 2009 team !

Lance Armstrong broke his collar bone in a bike crash, and yet he is racing in the Tour de France. Tyler Hamilton won a stage with a broken collar bone. However, some bicycle crashes result in fractures and breaks where the bones take longer to heal and the rider cannot resume competition until the healing is complete. A complete fracture may be a:

• closed fracture: a fracture that doesn’t break the skin (these are sometimes hard to diagnose, as the symptoms may be similar to a bone bruise)
• open (or compound) fracture: a fracture in which the ends of the broken bone break through the skin (these have an increased risk of infection and require immediate medical attention so that there is not bone tissue death or other complications like shock) 

• non-displaced fracture: a fracture in which the pieces on either side of the break line up
• displaced fracture: a fracture in which the pieces on either side of the break are out of line (which might require surgery to make sure the bones are properly aligned before casting, in a procedure called an “open reduction and internal fixation” or “ORIF”)
•  pictures http://www.armystudyguide.com/content/moxiepix/b1_2222.jpg

Other common fracture terms include:http://www.nytimes.com/slideshow/2007/08/01/health/100077Bonefracturerepairseries_index.html  

1. hairline fracture: a thin break in the bone, which is sometimes difficult to see on the x-ray
2. single fracture: the bone is broken in one place
3. segmental: the bone is broken in two or more places in the same bone
4. comminuted fracture: the bone is broken into more than two pieces or crushed
5. stress fracture, which is usually visualized on x-ray after the healing and mineralization of the bone has begun.

Doug holding fracture inspired birthday cake  

Victims of negligently inflicted sports injury often seek to recapture their former fitness through aggressive physical and occupational therapy.  Loudoun, Leesburg and Fairfax injury lawyer Doug Landau, like his clients, uses fitness balls for  fitness, strength training and flexibility.  However, it has come to the attention of the ABRAMS LANDAU staff that about three million fitness balls sold in department stores and sporting good retailers nationwide have been voluntarily recalled.  This recall follows 47 reports that the fitness balls unexpectedly burst, in some cases causing injuries, according to the http://www.cpsc.gov/cpscpub/prerel/prerel.html.The balls — carrying the names Bally Total Fitness, Everlast, Valeo and Body Fit – were distributed by EB Brands of Yonkers, NY and made in China. They were sold between May 2000 and February 2009 for between $15 and $30. The 55-, 65- and 75-centimeter sizes are involved in the recall, and were sold with a pump and inflation instructions. The CPSC believes the balls burst because they were over-inflated. Consumers should contact EB Brands by calling 800-624-5671 in order to receive updated inflation instructions.  If you or someone you know was injured by a defective or dangerous sports product, please call us at once at 703-796-9555.

Herndon Attorney Defends ‘MS-8’ Landau wins case for bikers ticketed during multiple sclerosis fundraiser.

By Mike DiCicco, The Connection

Attorney Doug Landau of Herndon-based Abrams Landau succeeded in defending two bicyclists whose cases he had taken for free at a July 7 court hearing. 

The defendants were two of eight cyclists ticketed for failing to stop at stop signs during a bike ride to raise money for multiple sclerosis on Sunday, June 7 in Lovettsville. 

“It struck me as unjust,” Landau said, noting that the people who were ticketed were part of the charity fund-raiser or were on a concurrent ride with the Potomac Pedalers Touring Club, a regional bike riders’ group. An avid bike rider, Landau has ridden not only as part of multiple sclerosis fund-raisers but also with the Pedalers. “They’re generally older people who are just out for a sunny Sunday afternoon ride,” he said. 

Landau said it was not inappropriate for the Loudoun Sheriff’s Office to respond to complaints earlier in the day about cyclists running stoplights and riding three abreast but that the incidents of actual ticketing he knew of from that day seemed excessive. One of his pro-bono “clients,” he said, made what is known as a “track stand” stop, coming to a stop but not touching his feet to the ground. The other slowed and checked for traffic before continuing, in what is called an “Idaho stop” for its legality in that state. 

FAILURE TO STOP at a stop sign, whether on a bike or in a car, carries a penalty of four points on one’s driver’s license and substantial fines, along with court fees, Landau said, adding, “On the ticket, it doesn’t say that these are for bicycle infractions. 

“If I’m blowing through stoplights at 30 miles per hour with those little ear buds in for an iPod, sure. Take me down,” Landau said. But he said he felt there were substantial differences between bicycles and cars not recognized by state law. 

He didn’t get a call from one of the cyclists until July 3, four days before the court date, but he extended the offer for free litigation to all eight of them. Normally, Landau works on cases of personal injury, workers compensation and federal Social Security disability income. “I don’t go to traffic court unless it’s for one of my kids’ tickets,” he said. 

After he showed prosecutors his clients’ perfect driving records, aerial photos that illustrated the rural area and the distance that the officer would have been from the bikers, and the Idaho stop law, the two sides agreed on a deal that convicted the two cyclists of lacking reflectors, a much lesser infraction. 

FOUR of the others had already pre-paid their fines, while one got his case continued and the other represented himself and lost. 

Since the charges were incurred during a multiple sclerosis fund-raiser, Landau has labeled the ticketed bikers the “MS-8.” “I’m all for the best and highest use of resources, and I want cops going after MS-13, not the MS-8,” he said

Because a cyclist's cuts and scars can heal and footprints disapear, TAKE PICTURES !

In addition to audio evidence, collecting physical evidence can also support a case of violent dog attack against a biker, runner, postman or walker. Doug Landau and investigators for ABRAMS LANDAU seek and collect hair, skin or fur from the attacking animal. These tissue samples can be matched just like DNA evidence in a rape or assault case involving humans and introduced in Court.Another piece of evidence that can help an injured biker’s case is a report from an “expert witness.” A bike mechanic’s report that the damage to the bent bike frame is consistent with a dog attack from the side as opposed to a fall or bicycle crash can help prove an animal attack case where the only witness is the cyclist herself. Doug Landau has introduced physical evidence in bicycle accident cases in Leesburg, Fairfax, Loudoun and Washington, D.C. In one case, pictures of the bike tires’ grooves in the soft shoulder of the road helped prove the cyclists’ direction of travel and position right before the injury producing “point of impact.”At ABRAMS LANDAU, we have cases where clients have also downloaded information from their Garmin GPS units, Polar Electro monitors and other data collection and electronic exercise equipment to show their bike speed was not unsafe or excessive; that they were not at an “excited” heart rate until the very moment of the attack or impact; or the location of the point where the dogs or other animals started their “chase” before pouncing on the cyclist.There are other methods of proving these violent cases, including measuring skid marks and yaw marks; mapping debris fields; locating blood stain and spilled liquids; and, marking foot and paw prints in appropriate cases. Photographs with digital cameras, cell phones and PDAs can be very helpful, before wet paw prints or sweaty foot prints (like those in the photo) evaporate, are covered or the accident scene is compromised. If you, or someone you know, has ben injured by a dog or animal attack, please e-mail or call us at once at (703)-796-9555.

Nothing ruins a good bike ride like a nasty dog with a brain the size of a kumquat. Dogs that bark from their own yards, inside their owners’ homes or running along fences don’t shake most bikers. But bad dogs, “yip-yip dogs” and crazy canines that are untrained, unsecured or who have bitten and tasted flesh and blood are another story entirely. While you may encounter a large growling dog head-on, it’s usually the small to medium sized dogs that come at you from behind that can be the most dangerous. Like “heat seeking missiles” these animals can cause fatal crashes. My wife has been known to set land speed records on her bicycle when a pack of “yip-yip” dogs chases her down a rural road. It can be terrifying, dangerous and even deadly. At ABRAMS LANDAU, Ltd., we have helped cyclists, postal workers, police officers, deliverymen, swimmers, joggers and children who have been attacked and savagely bitten by dogs. These cases almost always involve permanent injuries, scarring and a lifelong fear of dogs.

Bike crashes caused by dog bites and animal attacks can cause permanent injury and scarring

While the injuries in dog attack and animal bite cases are usually objectively verifiable and the scarring permanent, proving legal causation in an “unwitnessed dog attack” can be more difficult. When a cyclist, runner or delivery worker is chased, attacked and bitten by a dog (or pack of dogs), and there are no others who witness the vicious attack that can be identified or are known to the innocent plaintiff, the Defendant dog owners’ homeowner and other insurance companies will deny the injured victim’s claim. The Landau personal injury team investigates these cases in order to overcome the insurance companies’ denials and defenses.

The “911″ tapes of the emergency calls can yield helpful information and witness identification information, especially where the biker has sustained a head injury, been knocked out or had a traumatic brain injury. We have seen cases where the bicyclist has had a concussion or gone into shock from blood loss, and not regained consciousness until in the ambulance or helicopter during transportation to the Emergency Room. The police, fire and rescue teams arrive long after the dogs have disbursed and the attack on the cyclist, jogger, postal worker or deliveryman have ended. Tomorrow’s post will examine physical data that can help support the audio evidence of a vicious dog or other animal attack on a peloton, lone cyclist, jogger or pedestrian.

Herndon cyclists surveyed at Great Harvest Bread did not know they could get points on their bikes !

After racing in the Winchester area, Herndon injury lawyer Doug Landau visited Great Harvest Bread for some treats before heading to the office. The TriathlonTrialLawyer surveyed cyclists coming in from the W&OD Trail for free samples and carbs during their weekend rides to see if they know that they could get points on their DMV driving record for infractions on their bicycles. None of the bikers questioned knew that they could get points.

Even Landau’s friend and Great Harvest owner Jack Corkey was surprised that bikers ticketed for moving violations could get points in addition to large fines and court costs. Evidence tends to suggest that the Cycling community is not well-informed as to the penalties and serious ramifications on their motor vehicle privileges moving violations and tickets while riding their bikes can bring in the Commonwealth of Virginia. That is why Herndon injury, disability and bike crash lawyer Doug Landau has been traveling to venues where he can speak with bikers, multi-sport athletes and bicycle tourists about issues of safety, communication and the law.

Doug Landau previewing the Colonial Beach Triathlon race course

Pushing his luck, and his 49-year-old body, Doug Landau drove down to Colonial Beach Virginia to race in his second multisport event of the weekend. Doing his first Olympic Distance Triathlon since September, Landau and “Rehab to Racing” Coach Rob Colburn managed to score a room at the Days Inn, less than 100 yards from the starting line ! In other words, the TriathlonTrialLawyer had no excuse to be late. This race also provided Landau with an opportunity to speak with Tidewater area cyclists and USAT officials about the Traffic Court proceedings in Loudoun County and similar prosecution in the Town of Vienna and elsewhere. One participant told the ABRAMS LANDAU trial attorney about an off-duty Texas police officer who was ticketed for an “Idaho stop” by a fellow officer from the same department !

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