The Athlete's Lawyer

Brain Injury race volunteer Doug Landau of ABRAMS LANDAU, Ltd. at George Mason University, Fairfax, Virginia campus

This Fall Doug Landau served as a race volunteer at several area running at multi-sport events.  Helping out at the Reston Triathlon, the Brain Injury Association 10 km and the Williamsburg 5 km, the Ashburn area injury lawyer enjoyed seeing familiar faces and encouraging athletes to to participate for a good cause.  Having been the race director for the “F.A.B. 5″ race that raised money for the Foundation of the Alexandria Bar Association in Old Town, Landau recognizes the time, effort and sweat that goes into a successful athletic fund raiser. “If you have never been a volunteer, you should just do it,” says Landau, paraphrasing the NIKE slogan.  “Volunteering, seeing things from the race crew perspective, enables you to appreciate what the volunteers do for you,” the Loudoun injury lawyer adds.  “There are lots of opportunities in the Leesburg, Fairfax and Manassas areas; you can find a race almost every weekend of the year, just go to our “RACES” section adds Landau, who competed in over a dozen multisport events and two dozen running races so far in 2009.

Prosecuting drunk and stoned drivers in both criminal and civil courts, injured victims' lawyer Doug Landau was interested in the "Alco-Buddy" breathalizer machine found in a restaurant near the Virginia State Capitol.

This one’s obvious. But as an injury lawyer who sees firsthand the devastating effects of drunk driving car crashes, bike wrecks and truck accidents, I was pleased to see a device at a Richmond restaurant recently. The “Alco-Buddy ” is an alcohol breathalyzer vending machine, installed in establishments that serve alcohol.

Drunk driving is a real and present danger that affects everyone. All too often people leave establishments after drinking “just a few drinks” and falsely believe that they are safe to drive when they are, in fact, legally intoxicated. Alco-Buddy provides patrons with access to an ALCOHOL BREATHALYZER TEST, allowing them to gauge their own B.A.C. (blood alcohol content) before they ever get behind the wheel.

Advantages of a “Breathalyzer Machine”:

* Is an intelligent, simple and discreet way to check your B.A.C. (blood alcohol content)
before venturing out on the roads.
* May reduce the number of impaired or intoxicated people driving.
* Assists educate patrons to moderate and appropriately pace their drinking.
* Sets the tone and shows that the establishment cares about their customers.

As a former prosecutor in the Florida State’s Attorney’s Office, I thought the last point was interesting. I had several questions in my own mind after seeing this machine: Does anyone really know when they are impaired ? Would the results from this machine be a valid defense if the patron is later arrested on a DUI or DWI charge ? What if the customer blows into the machine before the alcohol has gotten into her system, and their B.A.C. is on the way up on the way to the car ? What is the margin of error ?

Capping the multisport season with another win, injury lawyer Doug Landau races off to attend his daughter's soccer match

After a “dry” season in 2008, Virginia injury lawyer Doug Landau ended his multi-sport season the same way he began it – with an overall win !   Normally contested at the Madeira School campus, the Childhood Brain Tumor Foundation annual biathlon moved to South Run in Springfield and lengthened to a 500 yard pool swim and a 5 mile run. The 2009 Dan Fiduccia Fall Biathlon was held at the South Run Recreation Center, one of Fairfax County’s newer athletic facilities, at 2:00 today.

While Columbus Day weekend was devoted to his youngest daughter’s soccer tournament in Bristow, Virginia, Landau was able to compete in the McLean 5km.Saturday morning before his daughter’s first game. Today, after her 3rd game ended before noon, and she was informed that her team was in the finals at 3:45, the Triathlon Trial lawyer jumped into his car and drove to the race venue, arriving three minutes before the start.  Because Landau was not in the first heat, he was able to warm up and stretch after a difficult drive.  In the 2nd heat, the Masters Triathlete was lapped several times by talented high school swimmers.  But a lightning fast transition and hard pace at the start of the run enabled the sports injury lawyer to reel in many of the athletes who had passed him so effortlessly in the pool.  The run around the lake incorporated cross country terrain, rather than roads.  As Landau trains on turf, trails and dirt, the running part of the race played into his hands (or feet !).

Race Director Gib Smith & TriathlonTrialLawyer Doug Landau before the start of the Childhood Brain Tumor Biathlon at Fairfax County's South Run Recreation Center

By the end of the run, Landau had passed many of the racers without being passed himself.  Often running alone in the woods, Landau kept his heart rate in the 170s in order to keep his speed up. His 37:36 (8:20 for the swim) is the course record for the Childhood Brain Tumor Foundation Fall Biathlon !  More importantly, after he finished, he dashed through the showers, changed, got back in his car so as to see his daughter and her team in the Finals of the “Battlefield Classic.”  The CYA Blast ended regulation play in a 0-0 tie.  Then after a double overtime period, the game was still a draw.  Penalty kicks ended 3-3, and the game went to a “sudden death shootout.”  Landau, his wife, son and all the grandparents watched as the Blast won the match and the tournament in an exciting finish.  The picture of the winning team was posted yesterday.  Needless to say, there was no racing or soccer matches Monday, and all the Landaus got to take a day of rest.

The Chantilly "BLAST" a local U-16 girls' travel team, was an undefeated division winner at the Battlefield Blast soccer tournament

Our fourth child is competing in the Bristow Virginia “Battlefield Classic” soccer tournament this weekend. Our kids have participated in the Manassas soccer club’s highly competitive tourney many times. The well-maintained fields and excellent organization make this tournament one of the highlights of the season. Located about 15 minutes past the George Mason University Prince William County Campus and the adjacent Freedom Fitness Center, the Bristow sports complex has excellent soccer, baseball and lacrosse fields for kids of all ages. I had trained with a Masters Swim Team that held weekend practices at the Freedom Fitness facility, where Shandra Richardson of Riptide Swim & Sport now coaches. The Prince William athletic facilities are wonderful, and I will frequently get in a workout before or after court in order to avoid traffic and take advantage of the local pool, trails, battlefield park running trails, tennis courts and bike classes.

Dr. Dowling is shown giving ART treatment to competitor (& Maccabiah Gold Medal Winner after the ITU Dextro Triathlon in Washington, D.C.

“Active Release Technique” or “ART” is a patented, state of the art soft tissue system/movement based massage technique that treats problems with muscles, tendons, ligaments, fascia and nerves. Doug Landau has had ART treatment before and after races and found it to be beneficial, especially with regard to iliotibial band (“IT Band”) pain and hamstring tightness after hard multi sport training.

Headaches, back pain, carpal tunnel syndrome, shin splints, shoulder pain, sciatica, plantar fasciitis, knee Read the rest of this entry »

Having just driven past a Herndon biker who was hanging on to a truck, I went to check to see if this was an illegal activity.  Under

CHAPTER 11 of the Uniform Vehicle Code “Rules of the Road” I seem to have fond an answer.  In ARTICLE XII. “OPERATION OF BICYCLES, OTHER HUMAN-POWERED VEHICLES, AND MOPEDS” the Uniform Vehicle Code seems to address “cling ons,” those cyclists, skateboarders and others who hang on to cars, trucks and vans in order to “get a lift” up hill or around town.  Section 11-1204 “Clinging to vehicles” answers the question:

(a) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or him- or herself to any (streetcar or) vehicle upon a roadway.
(b) This section shall not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer has been designed for such attachment.

Doug Landau works hard at being the best lawyer for his injured clients and the best Master triathlete

While preparing for several Fall trials in Virginia, New Jersey and Florida, Doug Landau was also finishing up his multi-sport season after strong finishes in several local sprint triathlons. Imagine the TriathlonTrialLawyer’s surprise when he was notified that he was selected for inclusion in Best Lawyers, which is based entirely on peer review. According to the Best Lawyers website:

“For 25 years, the top lawyers in the U.S. have helped make The Best Lawyers In America the leading legal referral guide by candidly evaluating the work of other top lawyers in the same specialties and geographic areas. In large legal communities (such as New York City and Washington, D.C.), lawyers are asked Read the rest of this entry »

Doug Landau & Sandra Rohrstaf, VTLA President, at the Brain Injury "Miracle Mile" 10 km running race

At the Brain Injury Association‘s annual “Miracle Mile” road race, I had the pleasure of not only being a volunteer, but seeing friends from the Virginia Trial Lawyers Association, including VTLA President elect Sandra Rohrstaf.  VTLA provides its members with Professional Development in the form of outstanding Continuing Legal Education (CLE), several of which I and my staff attend every year in order to keep up with the latest developments in law, medicine and legislation.

VTLA also publishes “The Journal,” an award-winning quarterly magazine which features practical articles on trends in Virginia trial law. I have written for “The Journal,” which is a peer-reviewed publication that is now also available online.  VTLA also has several ListServers, whereby we are able to network by email with other VTLA members on nearly every subject area. Through E-Clips, I and other VTLA members receive a daily news service that highlights the latest legal news.  Lastly, our Annual Convention presents top-rated CLE programs, opportunities to meet prominent judges, Virginia’s and the nation’s top legal experts and colleagues.  Having served on the VTLA Convention Committee for many years, I am proud to say that our annual meetings are well attended, full of worthwhile programming, educational opportunities and inspirational presentations.  I know that Sandra will continue VTLA’s tradition of excellence and advocacy for the victims and the disabled who would otherwise have no voice.

The Kit Callahan "Miracle Mile" for brain injury survivors is an inspiring (and perspiring) event !

Often inspired by clients, I was particularly struck by the endurance of a woman who I had only recently met.  She had come to ABRAMS LANDAU at the recommendation of the Brain Injury Association and another Loudoun County trial lawyer.  This woman was in a massive truck crash while on the job for FEMA.  She had been dispatched to assist with the Federal Governments flood response in Iowa.  She sustained multiple injuries, including traumatic brain injury.  She was an innocent passenger in a van driven by a co-worker.  While she did receive some workers compensation benefits, the Federal Comp system provides limited assistance, and we looked into a third party liability case on her behalf.  This young woman was remarkable for the fact that she has sustained permanently disabling leg and spine injuries prior to this crash, which she had significantly overcome in order to gain her present position.  Bright, attractive, articulate and hard-working, the van crash was devastating to her.  Nevertheless, she has returned to work and does the best she can.

The Landau law Shop, working with Iowa counsel, looked into the viability of a personal injury lawsuit in order to get this deserving woman compensation and restitution for all that was taken away from her by this crash.  Unfortunately, just as the case in the Commonwealth of Virginia, her case was barred under Iowa law that prohibits lawsuits against co-workers or an employer if there is workers compensation insurance.  The so-called “umbrella” of workers compensation coverage protects employers and co-workers from lawsuits for negligence.  I had the unhappy task of informing her that our law firms could no go forward on her behalf.  I then saw her at the “Miracle Mile” where she not only walked, with her cane, the entire 10 km. course, but she then rode her bike to a nearby gym, where she worked out and put my efforts at the Olympic Distance Triathlon the day before in stark perspective.  She is the true champion, and my accomplishment pale in comparison.  I tip my hat to you CD.  Well done.

Masters and Age Grop prize winners put their "best foot forward" at the Lake Anna Marina, Bumpass Virginia sprint triathlon

Competing in his last race of this year’s Virginia Triathlon Series, Spotsylvania and Fredericksburg injury and disability lawyer Doug Landau managed to get first place in his age group.  Managing 12:21 for the 750 meters  in the shallow crystal clear heated lake Landau found himself in 11th place in his age group.  The swim begins with an in water start with the course going around the transition area and the finish line. Spectators could walk around the race site and never be more than 150 yards from away. This section of Lake Anna is unique in that the water coming into this section is used to cool the power plant and is a good 6-10 degrees warmer than the rest of the lake. The water was 72F in 2006 and 77F in 2007 and 74F in 2008 which is pretty nice for October!  The super fast rolling bike and run courses are located just 45 minutes SW of Fredericksburg and 45 minutes NW of Richmond at Lake Anna Beach Marina.   As this was the final race of the 2009 Virginia Triathlon Series, there were athletes from the Tidewater area, Western Loudoun County, as well as Maryland, Pennsylvania, California, North Carolina, Texas, West Virginia, Nevada and Washington, D.C.!

In most of his races this season, Landau is not passed once on “dry land.”  Making use of a quick transition, good enough for 3rd, the Triathlon Trial Lawyer biked 33:34 over the rural roads of Louisa County, good enough for second place. Another fast transition in under a minute put the disability, accident and sports injury lawyer within striking distance.  In the heat Landau was able to manage a 21 minute 5k for 1st in the grouping, with a total time of 1:09:06 for this hotly contested sprint event.  Unfortuantely, Landau did not compete in 5 Virginia Triathlon Series events, the new requirement for overall series awards.  Had he done another race at the level of his other 4, he would have finished in 3rd place, behind a client who finished in first place !  At this time, Landau does not again plan on competing in the series in 2010.  After all, he will be competing as a “Grand Master,” and thus hopes to focus on the USAT Duathlon, Olympic Distance and Sprint Triathlon Age Group National Championships as a 50-year-old.