The Athlete's Lawyer

Coach Ken Mierke enjoying the fare at the Irish Pub near the ABRAMS LANDAU "Law Shop" in Herndon, Virginia

Bumping into coach Ken Mierke after a Reston Bike Club ride was quite a surprise to Triathlon Trial Lawyer Doug Landau.  Mierke, of Fitness Concepts, was one of the first coaches in the area to use sound sports medicine science and regularly perform VO2 Max testing on athletes.

Ken is a champion athlete who carried the Olympic torch in Virginia.  The ABRAMS LANDAU lawyer has “put his money where his mouth is,” by sending his wife and son to attend one of Coach Ken’s “Evolution Running” Clinics.  Landau invited Mierke to visit “the Law Shop” after which they caught up at the Herndon Irish Pub.  They discussed injured athletes, bikes crashes, rehabilitation from injury and advances in athletic training.

Speeding on the rolling roads of Fauquier County, specifically Routes 29 and 211 will usually get you an “invitation” to the Court in Madison, Virginia.  However, over 200 multisport athletes did just that – riding their bikes up and down the hilly roads around Warrenton.

Virginia Triathlon Series Warrenton Sprint Triathlon prize winner Landau

Triathlon Trial Lawyer Doug Landau entered the VTS Warrenton race as a final “tune up” before next week’s USAT National Sprint Championships.  After getting passed by several competitors in the pool, ABRAMS LANDAU‘s Landau managed to catch many cyclists on the hilly bike course.  Once on the run, he again passed runners on the hilly, “mobius strip” course.  The initial results had Landau finishing in the top 5% and second in his age group.  The Reston Herndon area injury lawyer won the runner up Masters Award.  It was Landau’s first race with his Nimble racing wheels and he hopes to “taper” and reduce the volume and intensity of his training in order to be “jumping out of his Speedo” at the National Championship and World Championship qualifier.

After a mountain bike crash, the pain, bruising and “road rash” may take several days to peak.  Taking some time off and using ice, heat, massage and gentle stretching are all good ideas.  However, there are some tough multisport athletes who do not let a bicycle accident slow them down.

Despite road rash, cuts and other injuries, Traithlete John Brannock finished the Warrenton Sprint Triathlon with a smile

John Brannock, a former training partner and team mate, came in this weekend  on a business trip.  As is Doug Landau’s habit, the Herndon trial lawyer convinced his friend to join him for the first annual Warrenton Sprint Triathlon on Sunday.  Landau borrowed a bike, brought extra helmets and other safety gear, and loaded the mini van so that they could car pool to the pool.  The 300 yard indoor pool swim, 11.8 mile hilly bike ride and the 5 km. up and down run course would take less than 2 hours.  However, Brannock had been in a mountain bike accident on Friday, and his bruises were just coming into their full black and blue color !  The new Warrenton Aquatics Center (“WAC”)  was a clean, state of the art facility for this new Virginia Triathlon Series event in Fauquier County.  Located just passed the exit for “Old Town” Warrenton and the Court House area where the ABRAMS LANDAU Law firm has represented injured workers, car crash survivors and the families of brain injured victims, the bike course takes races on Route 29/211 and the run course is a very challenging two loops.  It was only after the race that Brannock showed Lawyer Landau his cuts, bruises and swelling !  Brannock raced on a borrowed bike, ran with the wrong shoes and was limited by his battered joints.  Nevertheless, despite these handicaps, and the 2 hours time differential coming from his home in Colorado, John had a strong showing and even won a prize for having come to Fauquier County from the mid-west !  Congratulations John Brannock !

Recumbent bikes can be good for those with back injuries or spine issues

Hampered by back injuries, lumbar pain or degenerative disc disease, many avid bikers have left the sport because of the discomfort caused by road bikes and drop style handlebars.  However, a solution may be to change the riding style by chaining the bicycle, according to bike injury lawyer Doug Landau.  Taking the pressure off the spine may be “just what the doctor ordered” notes the former Applied Anatomy and Physiology grad student and member of the American College of Sports Medicine.

“Anyone who has spent any time on the W&OD, Mount Vernon, Four Mile Run or other Northern Virginia bike trail has seen all manner of recumbent and “non-traditional” bikes,”  adds the back and spine injury lawyer.  “One client was crushed by a negligent motorist, and was up and riding within days.  This bike crash injury victim adapted a recumbent bike to his needs, complete with a holder for his cane and a bag for his supplies.  By continuing to exercise in a non-impact sport, this Reston area personal injury plaintiff was able to hasten his physical recovery from his crash injuries.” If you are interested in Recumbent Bicycles, check out “Recumbent & Tandem Rider” magazine.

If you, or someone you know, has back pain or spine issues that is forcing them off the bike, consult with a sports medicine doctor to see if recumbent cycling is an appropriate alternate form of exercise.  Injured athletes’ lawyer Doug Landau of ABRAMS LANDAU, Ltd. incorporates stationary recumbent cycling in his training program year round, and finds it is an excellent way to read through his “third class mail, journals, magazines and watch sports on television !”

A good insurance company should look at the same factors that a judge or jury would look at  in Court.  These would include the following items:

1. Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
2. Loss of Earnings (past and future)
3. Damage to the bicycle and other personal property
4. Permanent impairment of the injured arm, leg, etc.
5. Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
6. Your life expectancy.  In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
7. Any increased risk of arthritic changes, bone and joint disease and re-injury
8. Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
9. Did the injured cyclist attempt to mitigate her damages ?
10. Was the injured biker at all at fault in causing the accident ?

For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“

When a New York cyclist got “doored” by a careless motorist, his arm was so badly broken, that the surgeon had to put the shattered pieces together with 2 plates, 13 screws and wire.  Without any warning, the driver opened the door into the biker’s path, putting the bike commuter into the hospital for three nights.  The injured biker contacted bike accident lawyer Doug Landau to find out how best to proceed, since he had over $27,215 in medical bills and the comminuted fracture in his upper arm did not properly knit.  The bicycle commuter told the ABRAMS LANDAU trial lawyer that rarely a day goes by that his arm isn’t sore, that he’s not reminded of the injury.  He notices increased soreness in cold and damp weather and he is concerned with the possibility of early-onset arthritis resulting from the injury.

• The driver’s first words were, “Didn’t you see my door open?”
  The injured biker’s first words were, “I have a broken arm.”

After a number of suggestions by bicycle crash lawyer Doug Landau and investigation of additional facts, this 2005 bike accident case settled for $126,000 and the injured cyclist, who is a professional musician, was able to avoid the expense, additional time loss and unpredictability of trial.  Because there are strict time limits for claims against truck and car drivers who “door” cyclists or cause other bicycle related accidents, if you or someone you know has been injured by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Bicycling East on the W&OD Trail by the dog kennel, ABRAMS LANDAU biker lawyer Doug Landau almost ran over this poisonous copperhead snake !

Here is the photo showing where I saw the snake during the Reston century bike ride.  Yesterday I posted a “close up” of this deadly W&OD Trail user. Because I want all cyclists to return home safely, I looked about for information on how best to protect yourself.  Here are some tips from the “Bicycling Australia” where they have LOTS of poisonous snakes !) to help you manage the “risks of the road:”

• Always ride with others. It makes sense in case of any accident or mechanical failure, not just in case of snakebite. If you are close to town, you can rely on a mobile phone, the ambulance service or a nearby car. In more remote riding areas you need to be self-sufficient. Most first aid kits contain a large bandage that may be very useful if you are unlucky enough to get bitten. The prime rule is to remain as calm as possible and do not go seeking medical attention, rather bring help to you. To panic and ride in search of help will distribute the venom, if any, through your system. Sitting calmly by the trail waiting for assistance is important.
• Your riding companion may have to go and seek help for you. Use the bandage to put pressure over the wound. Not too tightly and definitely not a tourniquet, wrap over the bite and then along the limb (assuming it was an arm or leg that got attacked). On the torso use the bandage to apply pressure over the wound. Venom is distributed through the slow moving lymphatic system (not the speedy arterial system) so if you don’t move a lot, the toxins won’t either. For more information on treatment go to www.stjohn.org.au or, more appropriately, take a first aid course to get up to speed on how to best manage incidents such as this.
• If at all possible, identify the type of snake that did the damage. Note colour, size, shape of head and so on. Take a photo of it with your digital phone if you can but do not try to capture the snake or more biting will ensue! Awareness of your surroundings and knowing what to do should snakebite happen are really all the properly prepared cyclist need consider.

The 3rd Annual Bolt for Babies 5K running race benefitting the March of Dimes was held today at Marymount’s Arlington Campus.  The March of Dimes is the champion for ALL babies and continues to make strides in the fight against premature birth!

DC area running stalwart James Scarborough and Herndon trial lawyer Doug Landau after the March of Dimes "Bolt for Babies" 5k this morning

The March of Dimes also has such fund-raising  events as “Bikers for Babies” and “Walk for Babies.”  This year’s Bolt for Babies was a huge success with over 125 participants.  According to the official results, Triathlon Trial Lawyer Doug Landau of Herndon managed to get 5th place overall, and was a top age group finisher, easily winning the 50-59 age category.  Landau was using today’s event to prepare for the USAT National Sprint Triathlon Championships at the end of September.  While his time was slow (6:45 per mile average), his placing and lack of soreness afterwards were encouraging.  Tomorrow the Virginia sports injury lawyer intends to do a “brick” workout on the Reston Triathlon bike and run courses, as the ABRAMS LANDAU, Ltd. attorney is scheduled to be a volunteer at South Lakes High School on Saturday and then race on Sunday, September 12th, 2010.

How biker friendly are the streets ?

In Washington, bikers have found the city streets of Seattle to be more dangerous than friendly.  Six bicyclists have filed a lawsuit against the city of Seattle over safety hazards concerning the South Lake Union Streetcar tracks.  All six of the plaintiffs have suffered serious injuries as a result of their bike tires becoming caught in the tracks.  This happened as a result of the width of the streetcar tracks being wider than the bicycle tires, which caused the tires to catch and the cyclists to crash.  As in the instance of the six plaintiffs, this can result in serious and sometimes catastrophic injuries.  The lawsuit claims that the city was aware of the potential dangers to bicyclists, but failed to post warning signs or add any additional safety measures.  The lawsuit is seeking general damages, compensation for medical expenses, lost wages, and attorneys’ fees.  The lesson to be learned is that “biker friendly” does not always mean “biker safe.”

Biker and trial lawyer Doug Landau and cycling friends at a Loudoun County rest stop in Hamilton, during the Reston Century, where well-marked sinkholes and road defects made for a safe ride.

At ABRAMS LANDAU, Ltd., we recommend that if you come upon grooves, street car or trolley tracks that are parallel to your direction of travel, avoid getting too close, as narrow road bike wheels can get entrapped and stuck.   We have represented injured bikers who have been thrown from their bicycles due to roadway defects and dangerous street conditions.  Move to a different street, or even walk your bike rather than risking damaging your bike and injury to yourself.

Reston Century bike riders at the Hamilton rest stop

The 28th Annual Reston Century took place today, starting and finishing at the Reston Town Center Pavilion.  Over 1,200 bicycle riders enjoyed the excellent weather, Virginia’s rolling hills, snow cones, lunch and a great t-shirt this year.  Herndon sports injury lawyer Doug Landau also managed to eat a half dozen peanut butter & jelly sandwiches at the Loudoun bike rest stop, as he did not expect to do over 108 miles on his sprint triathlon racing bike !

Traveling with friends from Herndon, the Reston Bike Club and the WorldGators Masters team at Sport & Health, Worldgate, the Triathlon Trial Lawyer managed to finish in a little over 8 hours.  The Triathlon Trial Lawyer saw no accidents, injuries, crashes or other mishaps on the roads or W&OD Trail.  In fact, Loudoun County police were out to provide extra safety at otherwise dangerous road crossings and insections.  While this is longer than any athletic event Landau has ever signed up for or ever plans to do, the athletic Virginia Trial Lawyer believes that it is important to have strength and endurance in order to succeed in sometimes gruelling trials.  The Reston Bike Club puts on safe rides and other events, and Landau and his wife have joined in order to participate in their weeknight rides in Reston and Herndon.