The Athlete's Lawyer

As a customer who gets a “dividend” each year from REI, sports injury lawyer Doug Landau was impressed the the Recreational Equipment company’s voluntary recall of its Novara Fusion Bicycles.  In an age when many recreational product makers and sports product suppliers deny, obfuscate and/or pass the buck, REI’s act is commendable.  Landau, of the Herndon law firm ABRAMS LANDAU, Ltd. hopes that by posting notice of this recall,injuries to his fellow cyclists will be prevented.

The U.S. Consumer Product Safety Commission, in cooperation with REI, announced a voluntary recall of the bicycles.  REI recalled the bicycles due to a fall hazard. The alloy steerer tube could separate from the fork causing the rider to lose control, posing a fall hazard to consumers. REI received one report of a steerer tube detaching. No injuries have been reported. This defective sports product was sold exclusively at REI stores nationwide and at REI.com from November 2009 to November 2010 for between $600 and $900.

Purchasers should immediately stop riding the bicycles and contact their local REI store or the REI customer service center to arrange for a replacement fork to be installed free of charge.  Remember, it is illegal to resell or attempt to resell a recalled consumer product. For more information, contact REI at (800) 426-4840 anytime or go to REI’s website.

With Loudoun County police stopping Fairfax bike riders for riding two-by-two, Triathlon Trial Lawyer Doug Landau was asked to look into the laws regarding bikers riding other than in single file formation.  Bicycling around Leesburg, Ashburn, Ashburton, Broadlands and Sterling is a great way to enjoy the rural parts of the Washington DC Metropolitan area.  Biking also allows us to go outdoors and get some exercise. While many people ride recreationally, if you spend time out on the roads around Loudoun, Fairfax and Prince William Counties, you cannot help but notice that we also have a substantial number of competitive bikers. 

Whether you are cycling just for recreation and want to ride alongside your fellow bikers, or you are training for competition and need a pace lane, you should know your rights and obligations as cyclist.  You should also ride defensively so as to avoid a car accident, crashing or injuring others.  As far as how many riders can ride across a Loudoun Country Virginia road, there seems to be differences of opinion inside and outside of the Northern Virginia cycling community.  Specifically, can a Loudoun County cyclist ride 2 abreast (or more) on the public roadways ? Read the rest of this entry »

Unlike most bikers I know, motorists have license plates, operators permits and vehicle registrations.  All of these documents are required under the laws of most states.  After representing several bikers picked up by local police for violations of state law, I was asked could they have gotten tickets (and potentially points on their Division of Motor Vehicles record) if they did not  have their drivers license on their person.  One irate cyclist noted that the foreign riders, who have no U.S drivers license, could not get points, nor could the young bike riders who did not yet have their permits.  It did not seem fair that drivers license carrying American citizens could be penalized this way.  Plus, it seemed unjust that a cyclist could lose his/her driving privileges for an infraction committed while biking, but a car driver cannot lose his/her bicycling privileges if they get too many speeding, reckless driving or DUI convictions !

Having prosecuted many ticketed motorists, I understand that from the police officers’ point of view, once a violation of the law has occurred, or the officer has a reasonable suspicion that there has been a violation, they can Read the rest of this entry »

Bikers stopped to traffic violations may find their ride (or race !) over prematurely if they do not have proper identification

Would the cops really frisk a cyclist in spandex ?  This is not as off-the-wall question as it may seem.  After representing several bikers picked up by local police for violations of state law, I was asked could they have gotten tickets (and potentially points on their Division of Motor Vehicles record) if they did not  have their drivers license on their person.  One irate cyclist noted that the foreign riders, who have no U.S drivers license, could not get points, nor could the young bike riders who did not yet have their permits.  It did not seem fair that drivers license carrying American citizens could be penalized this way.  Plus, it seemed unjust that a cyclist could lose his/her driving privileges for an infraction committed while biking, but a car driver cannot lose his/her bicycling privileges if they get too many speeding, reckless driving or DUI convictions !

Having prosecuted many ticketed motorists, I understand that from the police officers’ point of view, once a violation of the law has occurred, or the officer has a reasonable suspicion that there has been a violation, they can ask for identification.  Some states require more Read the rest of this entry »

When going to the office on cold winter mornings, I have seen bikers in covered helmets, booties and thick gloves braving the elements.  However, motorists around the W&OD Trail are often surprised to see cyclists and animals coming off the path and crossing Herndon, Sterling and Loudoun County roadways.  When a biker or deer appears in front of you on a snow covered road, and there is not enough time to brake, the following suggestions come from Rally Coach Tim O’Neil so that you do not end up killing the cyclist, the deer, yourself or totaling your car.

• Take your foot of the gas immediately.  Do not fixate on the biker, deer or motorcycle – you will just drive straight at it if you do.  Instead, look at the rear wheel or animal’s hindquarters, since cyclists, deer, elk, etc. are not likely to go into reverse !  Turn the steering wheel 90 degree to your right.
• Now your vehicle is headed toward the shoulder, ditch, guardrail, etc.  Do not panic.  You should look at where you want the car to go.  Fix your eyes on the center of the road and turn left twice as far, about 180 degrees.
• Once you have cleared the obstacle, animal, human or other, counter steer 45 degrees to your right and hit the gas to straighten out.

Hopefully, these tips will enable you to “live and let live.”  A car crash with a deer, cyclist or object in the road can be catastrophic.  The damage we have seen caused by impacts with deer are truly astounding.  The losses caused by car crashes with animals and cyclists are some of the most severe we see at the Landau Law Shop.  you might even want to practice, and take the newer drivers in your household out to an empty, safe parking lot, to practice winter driving techniques in order to prevent injury, property loss and death.

Herndon Virginia biker lawyer Doug Landau applauds the Washington Area Bicyclist Association's free membership offer to Maryland, Virginia and Washington DC bicycle police officers

As part of the Washington Area Bicyclist Associations ongoing efforts to improve roadways safety and build relationshis with the law enforcement officers responsible for helping to enforce traffic laws in Virginia, Maryland and the District of Columbia, the WABA has begin offering free memberships.  Any law enforcement officer in the DC Metropolitan area who rides a bike as part of his or her duties is eligible.  The WABA is encouraging members to reach out to local police ion the community.  It’s simple: if they ride a bicycle as part of their job they qualify for free membership.

As WABA members frequently interact with local police on a number of matters, from roadway safety, and enforcement concerns, to special events, information seeking after crashes and near misses.  WABA members recognize the life-and-death importance that enforcement of traffic laws can have for cyclists sharing the road with motor vehicles of all sizes.  Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd. will be advising Herndon’s bike-based officers about this free benefit.  Hopefully, all of the bicycle officers in Herndon and Reston Virginia as well as those who traverse the W&OD Trail will soon have WABA memberships and receive the excellent “Ride On” publication.

A month ago Sports Illustrated looked at concussions and their effects on professional athletes.  Instead of photos of swimsuit models or multimillionaire athletes, the popular sports magazine looked at a very serious subject, that of head trauma and permanent disability in the ranks of professional athletes.  The periodical looked at the hits no one is noticing, the “invisible” traumatic brain injury (“TBI”) and cumulative concussions, especially among professional football players. The SI article relates, “At the Veterans Administration hospital in Bedford, Mass.,  one of the world’s foremost experts on repetitive brain trauma slipped a slide into a microscope. Dr. Ann McKee, an associate professor of neurology and pathology at Boston University who has been studying the brains of deceased football players, wanted to illustrate the damage that repeated hits to the helmet can cause. This slide of a cross-section of a human male brain, magnified 100 times, showed scores, maybe hundreds, of tiny brownish triangular bits of a toxic protein called tau, choking off cellular life in the brain.”

“This is Louis Creekmur,” said McKee. “You can see there are hardly any areas untouched by the damage. Like with Wally Hilgenberg, it is widespread in Louis Creekmur. I would call it incredible chaos in the brain. Read the rest of this entry »

Virginia Cyclists heading West from Fairfax, Prince William and Loudoun County biking toward Leesburg, Sterling and Lovettesville need the protection of sensible, enforceable traffic laws

In response to the Sterling Road and W&OD Trail bike crash post, Bruce Wright of the Fairfax Advocates for Better Bicycling.  Mr. Wright sagely notes, “Another lesson is that Virginia’s crosswalk law needs to be strengthened.  Currently motorists are only required to “yield” to pedestrians (and bicyclists) in a crosswalk.  Also, in some states motorists on multi-lane roads are required to “stop and remain stopped if a pedestrian (or bicyclist) is in their half of the roadway.”  For example, see New Jersey’s new crosswalk law.

Here in Virginia there have been several recent attempts to strengthen the law, and each year proposed changes get closer to passing.  Cyclists can follow this year’s legislative session at the Virginia Bike website.  Hopefully, through education, advocacy and cooperation, the laws protecting cyclists in the Commonwealth can be improved and enforced.

It is not often that one sees the Federal Government recall of high end, expensive bicycles.  However, the Consumer Product Safety Commission has announced a recall of 370 bicycles due to an unsteady frame.  According to Giant Bicycle Inc., the 2011 model Giant Anthem bicycles can potentially crack at the seat post, posing a fall risk for riders. There have been no reports of injuries as of yet, the company said.
According to the PR Newswire. Giant Bicycle dealers sold these bikes to athletes nationwide during August 2010 for between $2,200 and $3,500.  If you or someone you know has one of these bikes, contact the PCSC at once and make sure not to ride this unsafe sports product.

Team Hammer Down CrossFit (with Coach Todd Katz in the Blue shirt) successfully trains runners of all shapes and sizes

As part of the Herndon Virginia Turkey Trot 5k this year the Herndon Community Center race organizers are joining with Nike and their Reuse-A-Shoe Recycling Program. The run organizers are collecting used running shoes which will later be ground up into small pieces and used to make basketball courts, track fields, playgrounds, floor tiles, new shoes and apparel. Shoes will be collected at the Herndon Community Center until November 20th.  Injury lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., cannot believe that someone would voluntarily take his smelly, worn running and athletic shoes ! If you have old rubber soled shoes that are no longer fit to wear, bring them to the Herndon Community Center on Ferndale and donate them to a worthy project (and give them a “second life” as a track or playground !).

Recycling rules from the Herndon staff to remember:

-We can only recycle athletic shoes (running shoes, sneakers,etc)
-We accept all brands of shoes
-No shoes containing metal
-No cleats or dress shoes
-No wet or damp shoes
-No sandals or flip-flops