The Athlete's Lawyer

Athletes lawyer Doug Landau is a member of the DC Road Runners Club and the Trial Lawyers of DC.  But, Landau does not employ “runners” and deplores those lawyers who do.

Today's post was written by ABRAMS LANDAU summer intern Kristen Bilowus of the Madeira School

“Runners” in this context are unscrupulous people employed by unethical lawyers to “chase” cases and be “runners” for law firms that do not get clients the “old fashioned way” – by earning them through hard work, good results and honorable conduct.  “Runners” are “ambulance chasers” in the true sense of the word. They are paid by certain doctors and lawyers offices to listen to police radios and find accidents right after they occur, in an attempt to reach vulnerable and confused victims.  And when that doesn’t work, they will even follow the ambulances to the hospital and solicit victims at their hospital bedside!   Remember Danny DeVito in the movie “The Rainmaker” ?   The runners receive payment or a commission from doctors and lawyers for every victim they steer toward their offices.

This practice had been outlawed in Virginia four years ago with the White Collar Insurance Fraud Amendment Act of 2006, but almost nothing has been done to enforce the amendment since then. For this reason the DC Council is scheduling a hearing on the Metropolitan Police Department’s enforcement (or lack thereof) of the law that restricts runners and limits the availability of police reports for them to abuse. If it were fully enforced, the consequences for those convicted could be up to a $50,000 fine and 15 years in prison. We at the Landau Law Shop adamantly oppose this deplorable practice and plan to do everything in our power to see consequences come to those involved. If anyone out there has a client who has recently complained about being solicited within days of a DC auto accident, would you please give me a call, as we may want to have a few of our clients testify about the ongoing problem of unwanted solicitation. You can contact me at (703) 796- 9555 or visit my Landau Injury Law website.

Doug Landau at the 20 mile marker of the W&OD Trail by the caboose in Herndon, Virginia, about 100 yards from the ABRAMS LANDAU buildings

In a word, “yes.”  Not including my own crashes while commuting, racing or just riding, I recently caused another rider to fall.  While riding with the Reston Bike Club, I got carried away talking to a new acquaintance.  I caused another rider to go off the the lip of the road – there was no shoulder, as it was the new construction near Shaker Woods in Herndon, Virginia.  Luckily the young cyclist, a Pharmacist with Prosperity Pharmacy suffered some scrapes and road rash but no more serious injury and is back riding (I later saw her again at the Reston Century !).  I have also since ridden with the Reston Bike Club “4s” as well as the 3s and 2s.  Riding with the Reston riders is fun, great exercise and I believe safer than riding alone sometimes.  I usually carry a small first aid kit as well as a phone, just in case another rider has a fall.  Hopefully, the rest of my 2010 bike riding season will be safe and uneventful…

In his review of settlements and verdicts involving sports injuries and fatalities, Herndon and Reston area athlete’s lawyer Doug Landau noted that a settlement was reached over a student’s drowning during a cross country run.  Landau was sent notification that Oklahoma City will settle a lawsuit with the family of a local student who drowned while on a run near the Lake Overholser Dam on the North Canadian River.

According to the report in NewsOK, the runner and his high school cross country team were attempting to cross a flooded area on a city trail when the decedent slipped and feel into deep water, where he drowned. The suit claimed the city should have fenced off the trail and put up warning signs to keep people out. The settlement will total $50,000.

A news report on NPR struck me and resonated as 6 teens drown in Louisiana, because they and the adults they were with could not swim.  The half-dozen teens were wading in the shallows of a Louisiana river.  Because none of the teenagers could swim, they drowned in front of their horrified families after falling into deep water. None of the nearby adults could swim.

A seventh teen, a 14-year-old boy, was rescued. News reports of the deaths in the Red River, in a popular recreational area where sand bars give way to 20-foot depths.  “They had one lifejacket here. As you can imagine, everybody started yelling for help,” said Caddo Parish sheriff’s spokeswoman Cindy Chadwick.  Shreveport Assistant Fire Chief Fred Sanders said he believed the victims, ages 13 to 18, included three brothers from one family and a sister and two brothers from another.  The teens had started playing in a familiar area but ended up at a spot in the river where the bottom fell suddenly and that’s where divers found the bodies, Sanders said.

“They were out here with some adults. But unfortunately, neither the children nor the adults could swim,” he said.  According to the news account, “Swimming skills can be scarce among African-Americans like the teens in this tragedy. A study commissioned by the sports governing body USA Swimming found 69 percent of black children had low or no swimming ability. Segregation kept blacks out of public and private pools for decades and the disparity continues because many poor and working class children have limited access to pools or instruction.”

The Times of Shreveport reported a large group of family and friends, including roughly 20 children, were out at the sandbar to barbecue and have a good time. They frequent the area and were familiar with the water.  “None of us could swim,” a friend told the newspaper. “They were yelling ‘help me, help me. Somebody please help me.’ It was nothing I could do but watch them drown one by one.”  The families were in a recreational area of the Red River that has sand bars, Sanders said. The park is a popular picnic and fishing area and some people do go wading.

This tragic NPR story underscores the importance of learning to swim, at any age, and indoctrinating children in water safety practices.  Water safety lawyer Doug Landau believes being able to swim should be a high school graduation requirement, as is the case with some colleges.  Basic first aid, survival skills and other actions necessary for emergency situations and helping others.  In one officials the only countries without compulsory military or governmental service, these minimal requirements would go a long way toward preventing unnecessary death and harms during times of flooding, storms, earthquake and attack.

Luray Sprint Triathlon Masters prize winners receive their awards from Race Director David Glover

After driving out to Luray through the fog and rain on the morning of this race, Doug Landau barely made it to his heat on time.  The warm water of Lake Arrowhead meant that wetsuits were not legal for those competing for prizes.  Even though the Herndon Reston area triathlete lawyer was not part of the Virginia Triathlon Series this year, he nevertheless wanted a good time in order to assess his fitness in advance of next month’s USAT National Sprint Triathlon Championships.  However, in addition to not having his beloved wetsuit, Landau also blew the valve off his race wheel.  “Always prepared,” the resourceful trial lawyer brought his training wheels (and an extra helmet, goggles, water bottles, etc.), because he has had to go with “Plan B” before !

"Frazz" comic strip creator and accomplished triathlete Jef Mallet and Doug Landau clink their crystal award glasses after the Luray Virginia Sprint Triathlon

After his inauspicious pre-race preparations, Landau had a mediocre swim, but managed to not get passed on dry land, reeling athletes throughout the bike and run portions of the race.  Landau finished in the top 20 out of over 400 athletes, easily winning his age group and getting a carved goblet for 3rd place master in a time of 1:29:32.  As the oldest racer in the top 20, Landau did not feel sore afterwards, and was glad to have a chance to talk with “Frazz” comic strip creator Jef Mallet.  Landau has often clipped and sent “Frazz” strips to his friends and family.  Mallet finished both the Luray Sprint AND the Olympic Distance race the day before.  Now that’s hard core !

Click here for Official Results

A race that supports a noteworthy charity AND promotes safety – now that’s my kind of event !

Triathletes Greg "Killer Miller, Doug "Triathlon Trial Lawyer" Landau and "Kona Kevin" Kunkel at the Luray Sprint Triathlon prior to the awards ceremony

First off, the Luray Triathlon benefits the United Way of Page County.  In appreciation for the support of the local Luray and Page County communities in hosting the event, the Luray Triathlon donates a portion of the race proceeds each year to benefit the local community. In 2010, the United Way of Page County will once again be the primary beneficiary. The sole function of the United Way of Page County is to raise money for their 11 service and non-profit Partner Agencies.

In addition to the “Luray Double,” this multisport offers Triathlon Clinics in advance of the race.  There was a “Race Prep & Open Water Swim Clinic” on 5/29 and 8/7 at Lake Arrowhead in Luray, Virginia. Geared toward beginner and novice triathletes, these clinics will help prepare for any sprint or international distance triathlon. The Race Prep Clinic includes detailed course discussion; a lifeguard supervised open water swim in beautiful Lake Arrowhead; and a chance to ride and run the scenic bike and run courses. The Open Water Swim Clinic includes the swimming portion only. These pre-race events really help increase the safety of the participants on race day and give newcomers to triathlons a chance to “get their feet wet” in a safe, non-competitive environment.

While Triathlon Trial Lawyer Doug Landau has not entered sufficient races in the Virginia Triathlon Series (“VTS”) this year, he nevertheless enjoys the competition and camaraderie of the events that Set-Up, Inc. puts on all over the middle Atlantic region.  While he does not intend to race at the Olympic Distance in 2010, Landau is slated to compete in three sprint distance races, in Luray, Warrenton and Spotsylvania Virginia.

The Luray Triathlon is set in the foothills of the Blue Ridge Mountains in the beautiful town of Luray.  A half mile one loop swim in pristine Lake Arrowhead gets athletes ready for the rolling 16.5 mile bike on paved roads surrounded by the woods and farms of the Shenandoah Valley.  The race concludes with a 5K that is an out and back with rolling hills and all on the roads of Page County.  Landau has competed successfully in the Olympic Distance Race, which uses much of the same routes.

Rehab to racing coaches Rob (in the middle) & Stephanie Colburn at the Luray Triathlon, where he completed both races

The VTS race directors suggest that athletes come to Luray with its 300+ acres of award-winning parkland and spend some time exploring the downtown and seeing what the Shenandoah Valley has to offer !  Set Up, Inc. offers a real challenge for IronMan and half Iron athletes who want to test themselves over 2 days.   Billed as the “Luray Double,” Athletes who complete the “Luray Double” by completing the Luray International and Luray Sprint in the same weekend receive a special hand-engraved goblet.  Furthermore, comic strip “Frazz” creator Jef Mallet is slated to try the “Luray Double” as is “Rehab to Racing” Coach and training partner Rob Colburn.

When your friend with the bad driving record asks to borrow your car, a recent judge’s ruling should make you think twice before turning over the keys.  Virginia courts have long allowed lawsuits to be brought against the owner of a vehicle, even when that person was not behind the wheel when the accident occurred.  Traditionally, these “negligent entrustment” lawsuits were only allowed when the vehicle’s owner allowed a person he knew to be physically or mentally impaired to drive.  However, a Rockingham County judge has recently allowed one such negligent entrustment suit to be brought where the only “impairment” of the driver was his propensity for dangerous highway antics.

In this case the owner of the vehicle sat idly by in the passenger seat, while the driver continuously swerved off the road, tailgated other drivers, and drove the car into the oncoming lane.  By allowing the driver to continue these “road games” in his vehicle, the owner opened himself up to a large wrongful death suit when the driver eventually crossed the center line, killing an oncoming driver.

So, if you have a friend who you know to be a reckless driver, take a minute to think about your potential liability before allowing him to get behind the wheel of your car.  If his reckless driving ends up causing someone else’s injuries, it could be you sitting in the defendant’s chair, with your assets on the line.

If you have been harmed by the negligence or fault of a company whose employee or agent caused you injury, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as negligent entrustment claims require extra preparation and proof.

While sports injury lawyer Doug Landau is frequently contacted to help an injured runner or biker, even in cases where the driver or other party is at fault, if there is no coverage or ability to pay for the harms caused, then it may not be a wise move to  go forward with a claim.  In other words, even if the ABRAMS LANDAU trial team wins the case, if no recovery can be made for the injured athlete, then it may not be a smart move to litigate the matter.  Recently, the question came up, if a runner is run over by biker, is there insurance coverage to pay for the injuries and losses sustained ?

While the automobile insurance probably would not pay, since the accident did not involve “a motor vehicle,” the defendant driver’s homeowner’s insurance policy may be a source of funds to pay for the damages.  And in a case where a bike crashes into another bike, the homeowners insurance may also be able to pay for the harms caused by the careless or negligent rider.  Absolutely.  Even renter’s liability insurance may be collectible in a case brought against a careless bike rider who causes serious personal injury to a runner, biker or other person on the road, bike path or sidewalk.

If you or someone you know has been injured in a bicycle, running or pedestrian accident or an insurance company is denying their injury claim, please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to investigate these cases as soon as possible after the crash.

USAT CEO Skip Gilbert and Triathlon Trial Lawyer Doug Landau at the USAT Duathlon natinal Championsips in Richmond, Virginia

As a Sprint Triathlon and Aquathon All American, as well as an Olympic Distance Honorable Mention award winner, Herndon multisport athlete and attorney Doug Landau feels that it is important to support the national governing body and the people who volunteer their time so that races can be conducted safely.  Over the years, Lawyer Landau has contributed to become a “gold member,” directed, sponsored and volunteered at athletic events.

USA Triathlon is proud to serve as the National Governing Body for triathlon – one of the fastest growing sports in the world – as well as duathlon, aquathlon and winter triathlon in the United States. USAT sanctions 3,100 races and connects with more than 133,000 members each year, making it the largest multisport organization in the world. In addition to its work with athletes, coaches, and race directors on the grassroots level, USAT provides leadership and support to elite athletes competing at international events, including World Championships, Pan American Games and the Summer Olympic Games.