TheAthletesLawyer

Loudoun, Fairfax and Leesburg bike injury lawyer Doug Landau at the Herndon Bicycle festival2 blocks from the Landau Law Shop on the corner of Station and Center Streets

Having had too many “close calls” with cars, trucks and vans that do not keep a safe following or passing distance, I was hopeful that the major piece of legislation supported by cyclists in this year’s Virginia legislative session was the bill that would require motorists to allow three feet when passing bicyclists.  This proposed legislation was spurred by a desire to bring the Code of Virginia in line with contemporary safe separation practices.  In addition, cycling advocacy groups like the Virginia Bicycling Federation had hoped to make some progress in addressing incidents in recent years where Virginia’s criminal justice system turned its back on bikers.  Recent posts about bicycle riders who have been struck, ridden off the road, injured and knocked unconscious and then ticketed, charged and prosecuted suggest that cyclists in the Commonwealth are at risk on the roads, the courts AND the legislature.  As stated in the Virginia Bike Organization’s web site, “If you think that running over a bicyclist or pedestrian is illegal in Virginia, think again. The above legislation would not have totally fixed this, but the changes would have helped.”

The Senate version of the bill, SB566, passed by a vote of 40-0. The House version, HB1068, made it out of the Transportation Committee, but in the full House it was defeated on a partisan vote.  All the Republican delegates voted against the bill, including Del. Rust from Herndon who had earlier voted for the bill in committee.  The W&OD Trail goes through the heart of Herndon, and the Reston Bike Club Thursday night rides start and end in the center of the Historic Downtown District of Herndon.  There are bikers constantly getting on and off this wonderful Trail.  For the Delegate from the Town of Herndon to not be a proponent of bike safety flies in the face of reason.  Triathlon Trial Lawyer Doug Landau appreciates the Fairfax Advocates for Better Bicycling (”FABB”) MARCH-APRIL 2010 FABB News

See the Virginia Bicycle Federation analysis of the issues involved and some of the reasons for the bill’s failure this year.

Recently, Ashburn and Herndon area injury lawyer Doug Landau has been contacted by injured bikers who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current attorney.  And still other cyclists are confused and do not understand the legal process or their present legal counsel’s instructions.

Herndon and Ashburn bike crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. steers his bike with just 2 hands !

When A-V Rated attorney Doug Landau is contacted by a disabled biker or athlete or bike – car crash victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

1. Genuinely tried to work things out with their original lawyer;
2. Settled up with their counsel, who may be owed money for costs and fees;
3. Put in writing that the lawyer is discharged; and
4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

Winter sports and traumatic brain injury lawyer Doug Landau notes increasing use of helmets by skiers, snowboarders and other cold weather sports enthusiasts

It used to be rare to see helmets on the slopes; snowboarders, skiers thought they were “uncool, dorky,” and for wimps.  But serious injury and stylish helmet design have caused those wearing head protection to be in the majority.  Winter sports injury lawyer Doug Landau noticed all colors of helmets during recent trips to New England ski, snowboard and tubing hills.  Commending the increase in winter sports head protection, Landau hopes that the increasing use of helmets will lead to a concomitant decrease in traumatic brain injury and head trauma in injured winter athletes.

According to NBC Sports, Helmets, one of the fastest growth areas in the snowsports industry, have moved over the hump and are no longer considered too niche or dorky for the masses. Safety is the driving reason to wear them, of course, but improved styling and comfort may be what make them a no-brainer.  “In the last couple of years, you see a big movement toward helmets — it just makes sense,” says Ted Ligety, the U.S. Olympic skier who has been sporting a bright orange helmet in Vancouver. “I started wearing a helmet when I was 4 years old. I feel super naked if I’m not wearing a helmet. My parents did a good job engraining it in my head.”  Wearing helmets for recreational skiing and snowboarding often starts with the kids, and then parents.
To read the rest of the news report.

Doug Landau and other hardy cyclists after riding the free VASA Bike Ride at the Swedish Embassy

If you want a long early season ride with hot soup and a tour of the lovely Swedish Embassy, Triathlon Trial Lawyer Doug Landau recommends that you register for the Washington Area Bicyclist Association (”WABA”) and the Embassy of Sweden’s VASA Ride.  The free Vasa event celebrates Sweden’s famed ski race and festival, “Vasaloppet,” by bike! This unique Washington, D.C. and Maryland bicycle event has options for riders of all abilities!

Starting from the Embassy of Sweden building, “House of Sweden,” bicyclists will duplicate the 56-mile Vasa race with a non-competitive ride through scenic upper Northwest Washington DC and into Montgomery County, MD.  In keeping with the Vasaloppet’s week-long series of events for everyone, WABA also has designed shorter routes, a Halv Vasa (28 miles) and a Kort Vasa (14 miles).  All rides will finish with the Vasa Race’s famed blueberry soup courtesy of Ekströms, part of Procordia Food AB and the Swedish Embassy.  If you have any last minute mechanical issues, Northern Virginia area bicycle shop Spokes, Etc will be providing mechanic support from 7:30am to 9:00am.

DATE: March 7, 2010

LOCATION:
House of Sweden
2900 K St., NW
Washington, DC 20007

TIMES:
Registration will start at 7:30am and end at 9:15 am.

56-Mile Vasa will start at 8:00am
28-mile Halv Vasa will start at 8:30am
14-mile Kort Vasa will start at 9:00am

*Please note, any riders arriving back to House of Sweden past 1pm will not be guaranteed blueberry soup

Landau notes that the Vasa Ride is a rain or shine event, and helmets are mandatory.  And, typical of the Swedes irreverence and wonderful sense of humor, they note, “If it snows, bring your skis !”

Even Greek boxers knew the importance of hand, wrist and palm protection, even if they were otherwise unprotected

Just as these ancient Greek boxers sought protection for their hands from cuts, fractures and dislocations, bicycling gloves can help protect cyclists’ fingers and palms from “road rash,” lacerations and slipping off the brakes or handlebars.  Triathlon Trial Lawyer Doug Landau often wears bike gloves when it is cold, humid or wet outside for safety, not fashion.  The experienced triathlete lawyer eschews gloves indoors when spinning, CompuTrainer or recumbent cycling.  In crashes, when thrown from his bike, Landau notes that with gloves, his hands avoid road rash as well as embedded orated grit, glass and infection-causing debris.  Furthermore, when he gets back on his bicycle, he is able to grip his handlebars and brakes without pain.  Without multiple abrasions on his palms, fingers and wrists, Landau is able to avoid pressing germs from his handlebar tape into the wound sites.  The W&OD Trail cyclist recommends that in addition to always wearing your helmet for head and brain injury protection, that you consider wearing cycling gloves, even during warm weather rides.  Bikers need full use of their hands to safely cycle the roads, paths and race courses of Virginia, Maryland and  the District of Columbia.

Can you guess why bike crash lawyer Doug Landau likes this picture and why he always wears his helmet ?

Bike helmets prevent concussions, closed head injury and traumatic brain damage. As indicated by the picture in this helmet company’s advertisement, bicycle helmets also prevent broken bones.

As the Lazer company points out on its web site, “the main goal of wearing a helmet is to avoid getting injured.  The fitting of a helmet is therefore very important and pays big safety and comfort dividends.” Lazer is always looking for innovation for the most advanced fitting system to optimize comfort.  The Lazer Rollsys® system was developed for safety and comfort.  For more information about Lazer products.

Bike crash lawyer Doug Landau gives Sports & Health Clubs Spin group cycling instructor Lisa Adams a copy of his latest book "10 Mistakes that can derail your bike injury case."

After surviving a double spin cycle class with Sports & Health instructor Lisa Adams, injured athletes’ lawyer Doug Landau presented her with a copy of his new book, “10 Mistakes that can derail your bike injury case.” As indoor group cycling classes are safer than outdoor biking, many of those who ride with Ms. Adams indoors also bike outdoors in the good weather. Landau hopes that by sharing his book with bike coaches, spin instructors and cycling teams, injured cyclists will be better informed as to their rights. If you or someone you know has been injured in a bike crash or cycling accident, please e-mail the ABRAMS LANDAU team or call 703-796-9555.

Bike crash lawyer Doug Landau near the ABRAMS LANDAU offices at the 20 mile marker and red caboose on the W&OD Trail in the historic downtown area of Herndon, Virginia

TriathlonTrialLawyer Doug Landau often rides and runs on the W&OD Trail. When there is danger on or near the trail, lawyer Landau tries to warn fellow athletes so as to avoid accidents, injuries and other mishaps. The Northern Virginia Regional Park Authority (”NVRPA”) plans on having a 2 mile detour starting December 1st. The bike safety and bicycle commuter advocate notes the 2 mile detour will be between mile markers 36 and 38 just West of Leesburg in Loudoun County.

This detour will enable Dominion Virginia Power to install a new transmission line. The detour will be paved. The detour will also allow for runners, bikers, skaters, walkers, roller bladers and others on the trail to continue to do so safely. However, be forewarned, the detour will not be as flat as the grade you may be used to on the rest of the 45 mile trail. Much of the detour will cross private property, according to NVRPA officials. For more information, go to the WashCycle website, November 30, 2009 post.

Doug Landau & Beatrice Vargas of ABRAMS LANDAU, Ltd. holding copies of his new bike crash book

ABRAMS LANDAU received its first shipment of Doug Landau’s new book, “Ten Mistakes That Can Derail Your Bicycle Injury Case.” Drawing upon over 25 years’ experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer’s court cases in Loudoun County. Landau’s bike crash book had been available through SPOKES Magazine, Potomac Peddler’s “Pedal Patter” newspaper and other Bicycle clubs and bike shops.  In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. As the Landau Law Shop is regularly contacted by injured bikers, this new book is intended to be a helpful resource for injured cyclists.

If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Underground parking lot storage for bike commuters in Washington, D.C.

Unsafe bike storage facilities is one of the top reasons why many weekend cyclists are not bicycle commuters during the week. My last Disability trial in Washington, D.C. showed me that there are buildings in the Nation’s Capitol with excellent and easy to use bike storage facilities.

These pictures were taken

Bikes parked near the new Social Security Disbility Hearing office in North West Washington, D.C.

below ground next door to the new D.C. Social Security Administration Hearing site at 25th Street, N.W., near “M” Street. After winning a difficult Social Security Disability case, Herndon Reston lawyer Doug Landau explored the various racks, storage areas, signs and parking lots for bicycles. Even the all important bicycle helmets and smelly bike shoes could be left to “air out” with a cable through them in this designated area. While Landau has taken his bike to Court in Old Town Alexandria, Leesburg (Loudoun County), he has yet to bike to a hearing before a Federal Administrative Law Judge. However, with this new hearing venue, and its abundant bicycle parking, Landau may very well become “the real deal on 2 wheels” in court as well !