The Athlete's Lawyer

“How is it illegal in Virginia to operate a bicycle IN BROAD DAYLIGHT with no lights or reflectors ?” “I’m going to check the reflectors on my bike as soon as I get off the computer. ” “Please cite the relevant statute or local ordinance.”

Cycle injury lawyer Doug Landau asks, where would you put lights or reflectors on this client's bike ?

These were some of the comments I recently received after representing cyclists in the Loudoun County District Court in Leesburg Tuesday. The short answer is no, you do not need lights on or reflectors from sunrise to sunset. However, I have been stopped by the police for not having reflectors, lights and even mud guards on my old Italian Bianchi racing bike while commuting home from the train station in Cambridge England !

Most racing and triathlon bikes do not have lights, reflectors or mudguards in order to save weight, rotating mass and because most competitions are held in the daytime. If you are a bicycle commuter, long distance bike tour participant or training very early or late in the day, you may need to have lights, reflectors and other safety gear. Here’s the relevant Virginia Code section

§ 46.2-1015. Lights on bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds.

A. Every bicycle, electric personal assistive mobility device, electric power-assisted bicycle, and moped when in use between sunset and sunrise shall be equipped with a headlight on the front emitting a white light visible in clear weather from a distance of at least 500 feet to the front and a red reflector visible from a distance of at least 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types approved by the Superintendent.

In addition to the foregoing provisions of this section, a bicycle or its rider may be equipped with lights or reflectors. These lights may be steady burning or blinking.

B. Every bicycle, or its rider, shall be equipped with a taillight on the rear emitting a red light plainly visible in clear weather from a distance of at least 500 feet to the rear when in use between sunset and sunrise and operating on any highway with a speed limit of 35 mph or greater. Any such taillight shall be of a type approved by the Superintendent.

Washington Area Bicyclist Association, Winchester Wheelmen, VBF, Fairfax Cycle and other groups have called, sent e-mails and comments about the Multiple Sclerosis Ride and other bikers’ court cases in Leesburg. They raise valid points, concerns and criticisms. I will try to answer as best I can.

Cycling injury and bike crash lawyer Doug Landau welcomes your comments, suggestions and help

For those who want to speak to me in person, over the next 7 days I will be available in Fairfax, Frederick and Westmorland Counties for sports events in Herndon, Winchester & Colonial Beach. I plan on riding tomorrow with the Reston Bike Club here at the Caboose in Herndon (a block from the ABRAMS LANDAU office); competing at the FCPRD SportsFest Saturday morning; and then traveling to Colonial Beach that afternoon for the Olympic Distance Triathlon on Sunday. I hope to be in D.C. next Wednesday as well.

Though I will not be in my “Court attire,”I welcome discussing cycling issues “live” at those times. I devote the majority of my work to helping injured and disabled children, families, workers, cyclists and other athletes with their catastrophic and permanent injury cases throughout the East Coast. Our office has an “open book” policy as well as the only “total transparency” policy (where we INVITE people to come and watch us in court, teach, conduct mock trials for the new judges’ training program, lecture, race, etc.) so that everyone can see what we do and how we do it. It’s as simple as that. I want to thank all y’all for keeping me “in the loop.” Please let us know of cycling safety and legal issues in the future.

Now to the facts:

ABRAMS LANDAU, Ltd. was contacted only last week by one of the Defendant bicyclists cited by the Loudoun County Sheriffs for failure to stop. On Friday, July 3rd, 2009 during my and my wife’s annual birthday vacation in Connecticut I spoke to the first of these bikers. This experienced cyclist advised that the cases were to be heard in Court on Tuesday. Agreeing to represent as many bicycle riders who would have me on the 7th of July, pro bono (at no charge), Read the rest of this entry »

TRIATHLON INFORMATION NIGHT

Tuesday 7/7 7:30pm – at the Broadlands Nature Center – Back Patio

Maybe you have now done a race or two, and are wondering, “what’s next”. Or perhaps you’ve heard others talking about all the fun they had training and racing and are wondering if triathlon might be for you. Come for a brief presentation of Triathlon 101, and a question and answer session. Brian Crow (see “Places” section), Triathlon Coach and Trainer, will be here to talk about setting goals, training programs, picking races and Team TPR. This is meant to be an informative evening for both experienced triathletes looking for a local tri club, and people thinking they might want to take the plunge. No commitments required, just lots of information to share and a chance to ask questions. Please forward this to anyone else you feel might be interested. The more the merrier.

Feel free to contact Coach Brian Crow 703-887-5392 and triath@comcast.net or Laura Aldrich 703-728-6922 if you have any questions.

Leesburg, Loudoun and Fairfax brain injury and disability lawyer Doug Landau of ABRAMS LANDAU, Ltd., Herndon, VA

Traumatic Brain Injury is defined by the Brain Injury Association of America as a “blow or jolt to the head or a penetrating head injury that disrupts the function of the brain.” While not all blows or jolts to the head result in TBI, it’s sometimes hard to tell the severity of a brain injury right away. Doug Landau recently took part in non-profit Brain Injury Services meeting in Leesburg. Landau has helped accident victims who have been diagnosed with head trauma and TBI days, weeks and even months after a car wreck, truck crash or bicycle-motor vehicle impact. A TBI can result in short or long-term independent function problems. Each year in the United States, nearly 1.5 million people will suffer a Traumatic Brain Injury (TBI). Causes for TBI vary from falls from bikes, defective sports equipment, to traffic crashes and physical assaults. Additionally, a large number of military personnel returning from active war zones, such as the war in Iraq, suffer from TBIs, as written about on our LandauInjuryLaw site.

It’s reported that, of those who suffer TBIs, 50,000 die each year. The latest data show that 235,000 are hospitalized with 1.1 million persons treated and released from an emergency department. The Centers for Disease Control and Prevention estimates that more than 3 million Americans currently have a long-term need, which may be for life, for help in performing daily activities as a result of a TBI. Part of the insidious nature of TBIs is they are often missed in initial medical examinations after a blow or jolt to the head. Symptoms are subtle and can be easily overlooked. Also, the effects of TBI may be delayed and not be evident for days or weeks before they appear. If you or someone you know has suffered from a traumatic brain injury, head trauma or concussion, please call us at ABRAMS LANDAU, Ltd., 703-796-9555 or e-mail us at the Landau Law Shop. Let our team take care of yours.

Virginia athete and sports injury lawyer Doug Landau using a hamstring exercise machine

Crushing injuries to hands and fingers due to unguarded, unsafe or poorly made exercise machines is a well-known hazard in the fitness equipment and health club industry. Loudoun, Leesburg and Herndon sports injury lawyer Doug Landau has seen warning labels and instructions in order to reduce the likelihood of crush injuries to hands and fingers on exercise machines all over the world. However, a recent recall by a major exercise equipment manufacturer and supplier has caught the attention of the staff of ABRAMS LANDAU after reports of amputation, laceration and crushing injuries.

Paramount Fitness Corp., of Los Angeles, California has recalled about 150 Leg Curl Machines. A consumer’s hand can become caught between the cylindrical counter weight and the frame of the fitness machine, posing a crushing hazard that can result in lacerations and finger amputation. Paramount has received three reports of incidents, including a finger amputation and two finger-crushing injuries. This recall involves the Paramount Fitness PL2100 leg curl machine. The single station weight machine is designed to exercise the hamstring muscles. Serial numbers involved in this recall include: PL21-9301-000 through PL21-9510-099. The serial number is printed on the back of the weight stack frame on the lower right. Model number PL2100 is printed on the exercise procedure label on the front of the machine. The Paramount Fitness logo is printed vertically on the frame. Consumers should immediately stop using the fitness machines and contact Paramount Fitness to receive a free repair kit. For additional information, contact Paramount Fitness at (888) 825-8905 between 7:30 a.m. and 4:30 p.m. PT daily, or visit the Paramount Web site. If you or someone you know was injured by a defective or dangerous sports product, please call us at once at 703-796-9555.

Texting or using a cell phone while on a skate board, roller blading or riding a bicycle will get you a ride in one of these...

Tonight, while returning from the Landau Law Shop, I saw teenagers riding their skate boards AGAINST traffic on West Ox Road by Frying Pan Park. Without helmets, pads or braces. And, they were on their cell phones. They could not see cars, hear cars or avoid any injury if there was even a “near miss.” They were not on the sidewalks or bike paths. A dangerous road + fading daylight + lots of traffic + eyes AND ears AND hands occupied = disaster.

Skate boarders, roller bladers, scooters, roller skiers, cyclists and other recreational athletes and competitive sports enthusiasts need to remember that not everyone on the roads and paths have their heightened sensory awareness or fast reflexes. “Defensive driving” means to be anticipating the worst from others on the road. Athletes on wheels need to keep their eyes and eyes on the road. Losing your senses is senseless and may lead to devastating head injury, brain trauma and permanent disability. Ride, blade and skate safely. No call is worth a “close call” or worse.

At ABRAMS LANDAU, Ltd., Melissa sometimes works while sitting on a physio ball

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 Consumer Product Safety Commission.

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 Reston bicycle injury lawyer Doug Landau has helped cyclists whose head injury and brain trauma were missed at the hospital after a crash

After a truck or car crashes into a runner or cyclist may hit the ground and hit their head on the pavement. When initially examined by emergency personnel, they often seem relatively intact. There may be cuts to the head but they may not appear “serious.” Often E.R. doctors conclude the athlete was not seriously injured and assure the patient will be fine. But within the next 24 hours, the injured athlete can woke up vomiting blood. Standing up causes dizziness and nausea. Doctors may then discover fractures in the cyclist’s or runner’s skull and jaw, and damage to the nerves in the ear. Herndon Reston area bicycle injury lawyer Doug Landau is aware of cases where the injured victim has been transferred to the Intensive Care Unit, where they stayed for days under close observation in the neurology ward.

Although many young athletes do recover from car and truck crash injuries, an the cuts and “road rash” heals, they are often left with a Traumatic Brain Injury (“TBI”). Landau points out that there are long-term effects. Athletes with TBI may experience cognitive defects including difficulties with attention and memory, confusion, sleep disorder, emotional disorders, speech and language problems, and sensory and perceptual problems. They also might experience physical problems such as chronic pain and seizures. TBI also can increase the risk of developing conditions like Alzheimer’s disease, Parkinson’s disease, and other brain disorders that can become more prevalent with age. If you or an athlete you know has been in a crash and suffered a head injury or brain trauma, contact us at 703-796-9555.

Wearing approved helmets while horseback riding can reduce the incidence of head injury and brain trauma

While recently cleaning out the family basement, Doug Landau came across his sister’s horseback riding helmet. Considerably heavier than the Triathlon Trial Lawyer’s ‘aero” bike helmet, this piece of safety equipment was not designed for speed, but to protect his sister’s head if she were thrown from her horse. Horseback riding accidents can cause head injuries resulting in death or permanent residual defects. According to the American Academy of Pediatrics, these riding injuries occur most frequently in riders younger than 21 years of age. Approximately 20% of injuries in young riders are to the central nervous system. The majority of these injuries are cerebral contusions, concussions, or skull fractures. Use of approved helmets has been associated with a Read the rest of this entry »

Doug Landau and training partners getting ready to do bike-run

MACCAs are a bike and run interval workout designed by Chris McCormack. Landau does them to get ready for the racing season. These are taxing “brick” workouts that help the TriathlonTriallawyer condition his leg muscles (and lungs !) for running immediately after cycling.  The Coaches at Rehab to Racing recommend the following protocol for Maccas: Read the rest of this entry »