The Athlete's Lawyer

Virginia bikers sent me word of a German biker struck by a truck and now on life support at Carillion hospital in Roanoke.  This brought back sad memories of being called to INOVA Fairfax Hospital after my clients, who were also in the United States for bike touring, were struck on Route 55 in Fauquier County, outside of Warrenton.  In fact, I will be trying a case next month in a Court outside of Richmond, Virginia, for a German exchange student who was injured in a Chesterfield County car crash.

As I wrote on the Virginia Bicycling Federation site:

Our hearts go out to this German biker and his family. Having represented catastrophically injured German bikers, it is very important that there be a stenographer present for the December 6th Court case. Virginia General District Courts are “Courts NOT of Read the rest of this entry »

Like the bride & groom (who share a bicycle built for 2) that adorned Herndon bike injury lawyer Doug Landau's wedding cake, Trucks, Cars & Motorcycles must learn to share the road

Truck vs. Bike – Guess who loses ?  The YouTube from the DC biker’s helmetcam (Caution: Profanity) resonates with many of us who have ridden on DC metro area roads, commuted by bicycle and seen inexplicable road rage, distracted driving and other dangerous maneuvers by motorists.  The troubling incident was discussed on the Landau Injury Law site.

I do not believe I have ever posted a comment to YouTube, but this video should be “Exhibit A” to those who contend bikers are not endangered by truck drivers or ridden off the road.  After reviewing the film with my own bride (and bicycling partner for life) I wrote:

“With cars parked in the left lane, traffic relatively light in the other 2 lanes, I would have ridden a safe, straight line in the same situation.  I have seen how devastating the injuries are from being “doored” & many motorists do not pay attention to bicycles riding inches from the curb.  So when the biker is forced to go left to get around parked cars, they can get “clipped” by motorists paying more attention to cars on their left and straight ahead.  If we want to curb unsafe conduct by people driving trucks, cars & motorcycles, then responsibility must be taken when they unnecessarily endanger others.”

P.S. If this had been a child riding to school & permanently injured, what would we make of the trucker’s cowardice then ?”

Usually excited for the swim to get underway, Reston triathletes will not compete in Lake Audubon this weekend due to safety issues

Due to the torrential rains that have struck Northern Virginia, the dedicated directors of the annual Reston Triathlon have decided to eliminate the swim for only the second time in the popular multisport event’s history.  The following was posted on the Reston Triathlon Association‘s web site:

Swim portion of the 28th annual Reston Triathlon has been canceled. Our lake official has been checking the lake since yesterday and has come to the decision that in the interest of safety it is not safe to swim in the lake…there is widespread disappointment but “Safety Is First.”

All racers will be notified by email of the cancellation and of plans for a replacement run as soon as the board has met to determine the details.

Triathlon Trial Lawyer, All American Triathlete and Virginia Triathlon Series (“VTS”) race sponsor Doug Landau adds that racers should also be mindful of debris on the roads when cycling, and perhaps “preview” the course once again since the storms have ended.  Tight turns with washout, leaves, bark and other organic matter on the pavement and an early morning start can all contribute to less traction on the road surface.  “Let’s all bike safely – the Reston Triathlon race directors cannot sweep every centimeter of the race course, and road flooding requires extra vigilance on the part of all participants.” adds Herndon Reston lawyer Landau.  “In light of these changed conditions and as I have at least 2 more VTS competitions this season, I am not going to be putting the ‘pedal to the metal’ Sunday.  I encourage all participants to enjoy the race, the shwag and the comraderie and ride safely.”

Reston bike riders assemble in the Herndon Town lot prior to a fun weekday ride from Fairfax County to Loudoun County

“Defensive Driving” is not just for motorists.  Even bikers need to ride “defensively” and anticipate unsafe actions by others on the roads, paths and trails.  A group of cyclists from Reston were enjoying the W&OD Trail, just past Leesburg in Loudoun County, when calamity struck.  A little boy about 6 or 7 years old was riding with at least one or two siblings and his father was walking with them.  The child was looking back and rode directly into the bikers’ lane.   While the cyclists yelled warning, and some were able to avoid crashing, but others Read the rest of this entry »

Th Tri Performance Team swept the top 3 places at the Infinitive Triathlon Championship Series race in Boradlands, Virginia. Winner Doug Steele (far left) was closely followed by the McAllister father & son team.

While managing to chase down racers through the transition areas, bike course and running paths, Herndon injury lawyer Doug Landau was not able to catch three Team Tri Performance members at the Infinitive Sprint Triathlon at Broadlands today.  Race Director Brian Crow once again put on a quality event, which included the Broadlands 50 meter competition pool and plenty of friendly volunteers and a chalked running course.  Eventual race winner (and former training partner) Doug “Man-o” Steele had the best pool start and kept the pressure on during the 2-loop bike section of the triathlon.  Following Steele was the father and son combination of McAllister.

Broadlands injury lawyer Landau was close behind, but his 4th place finish across the line held up as the top 4 stayed in that order for the awards.  “I dug myself into a hole behind Doug by not swimming more aggressively.  Passing people once I got on dry land, I thought I could make up the deficit.  Next time, I’ll try not to give the fast swimmers such a big head start !”  Landau easily won his age group, and continues to rack up “top 10″ finishes, primarily by dint of hard work on the bike.  Despite averaging 22.4 miles per hour over the hilly cycling route, the Loudoun County injury and accident lawyer still had enough legs to run 6:44/mile over the curvy running course.

Landau has finished between 4th & 8th his last 6 races, and he hopes to be in top condition by the time of the USAT National Age Group Championships in August.  The Triathlon Trial Lawyer has a race “double header” next weekend, taking on the “Lawyers Have Heart” 10 km in Georgetown, Washington, D.C. on Saturday and then the DC Splash and Dash (a swim-run duathlon) at the Martin Luther King Aquatic Center in Maryland on Sunday.  For additional information as to the Herndon Law Firm trial lawyer’s schedule of races, cases, seminars and travels, please call 703-796-9555 or e-mail us.

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.

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.

Sometimes even the fastest athletes need to stop and be thankful for the gifts and good health they have.  Thanksgiving is a time for celebration.  We celebrate family, friends and food.  It is a unique holiday that does not memorialize the great deeds of some war hero or leader, but rather the bounties that we have in the United States and the American tradition of gathering around the table to give thanks.

It is also a time to think of those who may be less fortunate than ourselves.  While I give of my time to volunteer, direct and help with school, sports and law related events, at ABRAMS LANDAU, we donate clothing, food, and supplies to the local free clinic, neighborhood resource center and community center.  In addition, regular donations of goods to Purple Heart, AmVets, the Lupus Foundation, Salvation Army, and the Red Cross Blood drives and National Bone Marrow Registry collection efforts.  While money may be tight throughout the USA, there are many ways we can give to others and contribute to help our fellow Americans.  Everyone at the Landau Law Shop hopes to do even more in 2011.