1. Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
2. Loss of Earnings (past and future)
3. Damage to the bicycle and other personal property
4. Permanent impairment of the injured arm, leg, etc.
5. Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
6. Your life expectancy.  In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
7. Any increased risk of arthritic changes, bone and joint disease and re-injury
8. Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
9. Did the injured cyclist attempt to mitigate her damages ?
10. Was the injured biker at all at fault in causing the accident ?

For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“

• The driver’s first words were, “Didn’t you see my door open?”
  The injured biker’s first words were, “I have a broken arm.”

After a number of suggestions by bicycle crash lawyer Doug Landau and investigation of additional facts, this 2005 bike accident case settled for $126,000 and the injured cyclist, who is a professional musician, was able to avoid the expense, additional time loss and unpredictability of trial.  Because there are strict time limits for claims against truck and car drivers who “door” cyclists or cause other bicycle related accidents, if you or someone you know has been injured by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Bicycling East on the W&OD Trail by the dog kennel, ABRAMS LANDAU biker lawyer Doug Landau almost ran over this poisonous copperhead snake !

Here is the photo showing where I saw the snake during the Reston century bike ride.  Yesterday I posted a “close up” of this deadly W&OD Trail user. Because I want all cyclists to return home safely, I looked about for information on how best to protect yourself.  Here are some tips from the “Bicycling Australia” where they have LOTS of poisonous snakes !) to help you manage the “risks of the road:”

• Always ride with others. It makes sense in case of any accident or mechanical failure, not just in case of snakebite. If you are close to town, you can rely on a mobile phone, the ambulance service or a nearby car. In more remote riding areas you need to be self-sufficient. Most first aid kits contain a large bandage that may be very useful if you are unlucky enough to get bitten. The prime rule is to remain as calm as possible and do not go seeking medical attention, rather bring help to you. To panic and ride in search of help will distribute the venom, if any, through your system. Sitting calmly by the trail waiting for assistance is important.
• Your riding companion may have to go and seek help for you. Use the bandage to put pressure over the wound. Not too tightly and definitely not a tourniquet, wrap over the bite and then along the limb (assuming it was an arm or leg that got attacked). On the torso use the bandage to apply pressure over the wound. Venom is distributed through the slow moving lymphatic system (not the speedy arterial system) so if you don’t move a lot, the toxins won’t either. For more information on treatment go to www.stjohn.org.au or, more appropriately, take a first aid course to get up to speed on how to best manage incidents such as this.
• If at all possible, identify the type of snake that did the damage. Note colour, size, shape of head and so on. Take a photo of it with your digital phone if you can but do not try to capture the snake or more biting will ensue! Awareness of your surroundings and knowing what to do should snakebite happen are really all the properly prepared cyclist need consider.

Poisonous snakes are a danger to cyclists. Bicycle riders, joggers, roller bladers and skaters need to be aware of dangerous animals in their path

While riding in the Reston Century last Sunday, I almost ran over a snake.  Not just any snake, but a poisonous copperhead that was sunning itself in the middle of the path !  Luckily, I avoided contact with the venomous reptile, but this is not the first time I have seen a large snake on the W&OD Trail in Loudoun County.  Another snake incident nearly caused me to swerve and crash.  And, a black snake my wife ran over nearly bit me as I followed her near the Luck quarry ! While these snakes can be quite beautiful, it is best to give them a wide berth and not incite an attack that could prove fatal.

The Reston Runners website also reports “An unusually high number of copperhead snakes have recently been reported in Fairfax County. Copperheads are venomous snakes that are found here and throughout Virginia.”  In tomorrow’s post, I will share some excellent tips from an Australian cycling site.  The Aussies have to contend with a number of the most dangerous poisonous snakes on the planet, so their bikers and runners have a lot of good safety information to share with athletes here in America.

DC area running stalwart James Scarborough and Herndon trial lawyer Doug Landau after the March of Dimes "Bolt for Babies" 5k this morning

The March of Dimes also has such fund-raising  events as “Bikers for Babies” and “Walk for Babies.”  This year’s Bolt for Babies was a huge success with over 125 participants.  According to the official results, Triathlon Trial Lawyer Doug Landau of Herndon managed to get 5th place overall, and was a top age group finisher, easily winning the 50-59 age category.  Landau was using today’s event to prepare for the USAT National Sprint Triathlon Championships at the end of September.  While his time was slow (6:45 per mile average), his placing and lack of soreness afterwards were encouraging.  Tomorrow the Virginia sports injury lawyer intends to do a “brick” workout on the Reston Triathlon bike and run courses, as the ABRAMS LANDAU, Ltd. attorney is scheduled to be a volunteer at South Lakes High School on Saturday and then race on Sunday, September 12th, 2010.

In Washington, bikers have found the city streets of Seattle to be more dangerous than friendly.  Six bicyclists have filed a lawsuit against the city of Seattle over safety hazards concerning the South Lake Union Streetcar tracks.  All six of the plaintiffs have suffered serious injuries as a result of their bike tires becoming caught in the tracks.  This happened as a result of the width of the streetcar tracks being wider than the bicycle tires, which caused the tires to catch and the cyclists to crash.  As in the instance of the six plaintiffs, this can result in serious and sometimes catastrophic injuries.  The lawsuit claims that the city was aware of the potential dangers to bicyclists, but failed to post warning signs or add any additional safety measures.  The lawsuit is seeking general damages, compensation for medical expenses, lost wages, and attorneys’ fees.  The lesson to be learned is that “biker friendly” does not always mean “biker safe.”

Biker and trial lawyer Doug Landau and cycling friends at a Loudoun County rest stop in Hamilton, during the Reston Century, where well-marked sinkholes and road defects made for a safe ride.

At ABRAMS LANDAU, Ltd., we recommend that if you come upon grooves, street car or trolley tracks that are parallel to your direction of travel, avoid getting too close, as narrow road bike wheels can get entrapped and stuck.   We have represented injured bikers who have been thrown from their bicycles due to roadway defects and dangerous street conditions.  Move to a different street, or even walk your bike rather than risking damaging your bike and injury to yourself.

ABRAMS LANDAU lawyer Doug Landau donated a Wii system to the Brain Injury Services and volunteered at last year's Kit Callahan's Miracle Mile running races

Get ready for the 7th Annual Kit Callahan’s Miracle Mile, 10K, 2 Miler, Kid’s Fun Run and a Brain Injury Awareness Fair.  Join us on Sunday, September 26, 2010 at George Mason University for a great day of fun and learning for the whole family.  All activities at the Fair are FREE and Kid’s Under 10 Run/Walk for FREE.  You can not ask for a better family outing then this event.  Triathlon Trial Lawyer Doug Landau has been a volunteer and sponsor of this wonderful event, and you may have seen the Herndon brain injury lawyer passing out flyers at local races for these running races.

Brain Injury Services Fair Activities will include:

• Face Painting by DeeVinchey and Friends
• Fire Truck
• Dr. Aravich and his Brains
• Coloring Station
• Bike Helmet Giveaway (while supplies last)
• Brain Injury 101 Education
• Virginia Wounded Warrior Program Education Booth
• and much, much more!!

Great Family Fun Activity
From Brain Injury Services!
and……it won’t break your bank!

For more information or to register today please visit Kits Miracle Mile website

Doug Landau's cousin Dianna Erdman Sager shows how happy she is to be in a wetsuit at the Reston Triathlon swim start

However, USA Triathlon, the national governing body for triathlons and aquathons in the United States, has recently issued new wetsuit guidelines for multipart competition. Beginning in 2013, wetsuits may not exceed five millimeters in thickness.  Following extensive research, USA Triathlon announced that beginning in 2013 use of wetsuits exceeding 5 millimeters in thickness will not be permitted at USAT-sanctioned events.

The regulation, which falls under Article 4.4 Wetsuits of the “Triathlon Competitive Rules,” states: “Effective January 1, 2013, any swimmer wearing a wetsuit with a thickness measured in any part greater than five millimeters shall be disqualified.”

“Our board has been considering this issue and the impact it might have with our athletes for some time,” said USA Triathlon CEO Skip Gilbert. “The overall feeling is that it makes perfect sense to align with the guidelines set by our international federation and multisport enthusiasts around the world. This is a standard that is good for the athlete community and our sport overall.”

By implementing this rule change, USA Triathlon falls in line with the international standard of five millimeters recognized by the International Triathlon Union (ITU) and other National Governing Bodies.

The adoption of this rule is designed to eliminate any competitive advantage gained by enhancements in wetsuit technology in recent years. Studies have shown there is a marked and measurable performance benefit to the use of certain wetsuits, specifically added buoyancy effectively reducing passive drag. These performance benefits have led to an increased, and artificially induced, reduction in physical demand required during the swim leg of a triathlon and an increase in speed.

USAT recognizes that there may be wetsuits currently available on the market that are greater than five millimeters in thickness. Consequently, the organization has implemented a phase-in period of the rule to allow the use of wetsuits that currently do not meet the thickness requirement. This announcement of the new regulation serves as notice that the rule change will come into effect in 2013.

USAT recently solicited feedback on the wetsuit thickness issue from its certified race directors via a comprehensive survey. The majority of those surveyed supported USA Triathlon’s adoption of this rule.

The plaintiff lived in Henrico County, near Richmond, Virginia.  One afternoon, the plaintiff was playing with friends close to his home when he was hit in the eye by a rock thrown by the 13 year old defendant.  The injured plaintiff alleged he sustained a fracture of his left orbit and a concussion as a result of the incident.   Counsel for the injured child claimed the vision in the child’s left eye was permanently decreased.  Defendant disputed the plaintiff child’s injuries. The plaintiff claimed an orbital fracture, traumatic maculopathy and a concussion.  Plaintiff alleged that in addition to the traumatic brain injury, the vision in his left eye was permanently decreased.  The eye and head injuries would result in life long deficits.

The insurance carrier for the Defendant parents’ homeowner’s policy settled the case after filing a reservation of rights with regard to whether the rock was thrown intentionally. If it was an intentional act, the claim would have been excluded under the policy as an intentional tort.  Most insurance contracts exclude coverage for intentional and criminal acts by their insureds.  If you or someone you know has been injured in an accident or an insurance company is denying their injury claim e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very hard to undo the damage caused by this dishonest and cowardly practice.

If you or an athlete you know has contracted a disease, infection or become disabled due to negligence off the field, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once, as it is very important to get prompt correct medical care and to secure the evidence of the harmful practices that lead to the harms to the amateur, college, high school or professional athlete.