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 »

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.

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.

Runners warming up for the start of the Ashenfelter NJ 8km road race championship in Glen Ridge, New Jersey on Thanksgiving

The Ashenfelter 8K Classic (A8K) is a United States Track & Field-NJ Championship Road Race which is open to everyone… walkers, joggers, runners and racers. The race is produced by the Glen Ridge Educational Foundation. This traditional Thanksgiving Day running event will be held on Thursday, November 25, 2010.  The 8K (4.97 miles) USATF-NJ MASTERS 8K CHAMPIONSHIP has prize money awards (Age Graded, Male/Female, for USATFNJ Members Only).  There are special mugs for finishers in the Top 100, male and female.  Since 2000, the top 100 male time has dropped from 35:54 (7:13/mile) to 33:43 in 2005 (6:47/mile) to 32 minutes in 2008 (6:28/mile average pace) !  Doug Landau of the Herndon Law Firm ABRAMS LANDAU, Ltd. was still heading out when he saw the leader, sporting a Princeton Tiger singlet, heading for the finish line in under 25 minutes !  It’s a very competitive field.

To date, the Ashenfelter 8K Classic has raised over $100,000. Since 2005 the main beneficiary has been The Glen Ridge Educational Foundation, a not for profit 501(c)3 organization.  In addition, liek several other Thanksgiving time athletic event that Triathlon Trial Lawyer DOug Landau has participated in , this championship event was collecting used, smelly running shoes !  Joggers, walkers and runners could donate old or un-used athletic shoes to soles4souls.  Collection boxes were available at Fleet Feet Sports, Murdoch Shoes, and at the race Registration.

When a car turns and strikes a 50-year-old biker in Fairfax, it resonates with me, as I am now a half century and often ride on the County streets and trails of Fairfax, Loudoun and Prince William.  The Fairfax Times reported that Crash Reconstruction detectives are seeking witnesses to a crash that occurred on Sunday, November 14th near the intersection of Fort Hunt Road and Belle Haven Road. At around 3 p.m., a bicyclist was headed eastbound on Belle Haven Road.  At the same time, a four-door 2005 Toyota Corolla attempted to turn left onto Fort Hunt from westbound Belle Haven. The bicyclist and the car crashed and the cyclist, age 50, was thrown from his bike.  He was medevaced to the hospital with life-threatening injuries.

Detectives ask anyone who may have witnessed this crash to contact Crime Solvers by phone at 1-866-411-TIPS/8477, e-mail or text “TIP187” plus your message to CRIMES/274637 or call Fairfax County Police at 703-691-2131.

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.

Herndon Reston Virginia spine and brain injury lawyer Doug Landau with a gift basket from a thankful neurologically disabled client

Injuries to the brain and spine do not necessarily mean the end of exercise and sports.  While brain injury can be a life changing event, advances in sports medicine and rehabilitation have enabled bike crash and car accident victims to remain more active than in the past.  It is important to remain upbeat, active and exercise.  As we used to say at ACSM (American College of Sports Medicine) meetings, “If it isn’t physical, it isn’t therapy !”  Physical and occupational therapy is essential to maximum recovery after a spine or brain injury.  Nerve cells need stimulation for recovery and repair.  Reorganization may occur.  Synapses, that is the contacts between the nerve cells, may strengthen with stimulation and use.  Sports injury lawyer Doug Landau has several hemiparetic clients who are paralyzed on one side of their bodies.  To advance recovery from hemiparesis after stroke, one novel treatment, Constraint-Induced Movement therapy (“CIMT”), entails the temporary restraint of the functional limb while the patient is encouraged to carry out tasks with the paralyzed limb.  According to medical researchers, CIMT produces greater improvements in movement and functional use of impaired arms and hands.

The repair of broken connections between nerve cells is poorly understood.  Doctors understand that a sudden snap of the head pushes the brain so forcefully inside the skull that the long processes of the nerve cells are severed.  This effect is known as axonal shear.  Read the rest of this entry »