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.

A wrongful death lawsuit has been filed by the estate of a deceased cyclist in Maryland against a truck driver and his employer after the driver accidentally hit and killed a bicyclist last summer.  The 67-year-old biker became caught in the rear wheels of the truck as it made a right turn. The civil lawsuit claims that the driver was negligent because he failed to signal for the turn and did not look to see if “it was clear and free of traffic – cyclists or pedestrians.” The lawsuit alleges driver negligence and is seeking $5 million in damages according to the Baltimore Sun.

The biker was riding his bike south on Maryland Avenue behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right on Lafayette Avenue, in the Charles North neighborhood, police said at the time. The bicycle rider died at the scene.  The attorney representing the biker’s family, contends that the truck driver and his employer were negligent because a surveillance video shows the driver turned right without signaling.  Also, “he took a right turn without making sure it was clear and free of traffic – cyclists or pedestrians,” added plaintiff’s counsel.  Furthermore, the lawyer for the cyclist contended that the rider was not at fault because laws require bicyclists to stay with the flow of traffic, as far to the right as possible.

But investigators found that the cyclist was at fault because he was riding in parking lanes and tried to pass the truck on the right, which is illegal in Maryland, according to a city police spokesman.  Police investigators concluded that the biker drove into the truck.  No charges were filed against the trucker. The truck, a loaded fuel tanker, did not stop after the accident, but investigators do not believe the driver was aware of it. According to the accident report, police found a vehicle two days after the collision at a Falls Road service yard that matched the one in the surveillance video. DNA testing of hair and blood on the truck’s tires confirmed that the samples belonged to the Defendant truck driver, however, according to a police spokesperson, “it was inconclusive as to what caused the accident.”

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.

This was the crux of a notice Loudoun, Fairfax and Leesburg brain injury lawyer Doug Landau received in Charlottesville while preparing for the appeal of a brain injury case.

The Stroke Association wants people to know that strokes are the #3 killer in this country, yet many people don’t even know what they are. They don’t know that more of the brain can be saved if a stroke is detected and treatment is received immediately. Strokes begin when a blood vessel in the brain becomes blocked or bursts. Blow flow is cut off. Tissue is starved for oxygen, and parts of the brain die. If not treated quickly, abilities and productive life can be lost. Learn to spot the warning signs of a stroke or call 1-888-4-STROKE, and act quickly. Your brain is your most prized possession. Guard it with your life.

While riding his bicycle eastbound on Clarendon Boulevard, just past the intersection with Edgewood Street, another innocent biker was struck by a careless motorist today.  The cyclist was in the designated bicycle lane, as was the case with our client who was injured by a taxi turning into the Starbucks. See post.

In the area of this bike crash there are two lanes of eastbound traffic, then the bike lane, then a parking lane to the right. The parking lane was filled with parked cars so the cyclist was blocked to the right, and traffic was moving on the left. Suddenly, and without any warning, the BMW swerved from the traffic lane, across the bike lane, trying to get into a set of two open parking spots (So as to drive through the rear of the two and park in the forward one, without having to back up into a spot).

The BMW cut the biker off and flipped the cyclist over his handlebars.  Striking the cement, the cyclist had injuries to his face, hands, elbows and leg.  Eye witnesses immediately called the police and an ambulance.  The BMW driver was ticketed at the scene, but as many drivers well know, this does not mean that he will be found guilty, convicted or made to pay any restitution.  The biker has lacerations on his face, pain and difficulty seeing.  In addition, his bicycle sustained damage that will form the basis of a property damage claim.  Everyone at ABRAMS LANDAU wishes the innocent cyclist a speedy recovery.  We hope that he is able to get back “in the saddle” soon and resume his enjoyable cycling.  If you, or someone you know, has been injured while riding their bike, please call us or e-mail us at once.  Experienced bicycle crash lawyer Dog Landau notes that “after the Traffic Court trials, it is very hard to properly investigate and prepare these claims for successful resolution.”

When a friend showed up at the offices of ABRAMS LANDAU after an adult ice hockey match with a fractured orbit and impressive shiner, Ashburn and Reston sports injury lawyer Doug Landau looked into the injury, frequency and steps to prevent such head and facial trauma.

Orbital blowout fractures are cracks or breaks in the facial bones surrounding the “socket” that houses the eyeball. Orbital fractures of the facial ones surrounding the eye can result from such blunt trauma as getting hit by an ice hockey stick, puck or opponent’s elbow. Blows to the face and head can result in concussion, loss of consciousness and orbital fractures and eye injury. Wearing face masks has dramatically reduced the risk of eye injuries, including orbital lacerations and facial fractures. In players wearing partial or no protection, eye trauma resulting from a stick, puck, or elbow can cause hyphema, orbit fracture, retinal detachment, or globe rupture. According to The Journal of Musculoskeletal Medicine, no blinding eye injury has ever been reported in a hockey player wearing full facial protection.

Total head and face protection is essential for any collision sport. In ice hockey, the risk of eye injury is not so much from collision as from a flying puck. The use of face masks in amateur ice hockey in Canada led to a 66 percent reduction in eye injuries, as reported in the Textbook of Orthpaedics, Trauma & Sports Medicine

Bottom line: players should wear head and face protection in ice hockey games and practices in order to prevent eye, face and head injury.

The Annual Goblin Gallop at Fairfax Corner feature a fast field, with Masters road runners showing late season running speed in this popular race.  Linda Foley, Steve Robinson and Neal Reimenschneider  (shown here with Herndon injury lawyer Doug Landau).  Reimenschneider was the co-director of the hugely popular Winchester Triathlon and he still puts on and covers a number of events in the Shenandoah Valley area while still racing at a high competitive level.  Both Reimenschneider and Landau copped Age Group Awards.  The Goblin Gallop 5km raises funds for the non-profit John Quadrino Foundation, which helps families fighting childhood cancer.  The Foundation responds to grant requests made by health care professionals on behalf of patients’ families.

"Mr. Incredible" (a.k.a. "Super Lawyer" Doug Landau) and exceptionally fit international W&OD Trail skate tourists in Herndon

International skate tourists rolling over the W&OD Trail from Maryland and D.C. and a “Super Hero” “Super Lawyer” were both spotted in downtown Herndon at Great Harvest. A couple from Denmark have been incredibly skating the famous trail, covering more miles than most cyclists ! And Herndon injury and disability lawyer Doug Landau, who was once again named to the region’s list of “Super Lawyers,” celebrated Halloween as “Mr. Incredible.” Mrs. Landau made his costume (as well as her “Mrs. Incredible” outfit for their daughter’s high school’s annual costume parade !). The staff at ABRAMS LANDAU would not let “the big guy” get out of “uniform,” so he spent the day visiting with clients, much to the delight of their children.

In addition to this being a “causal dress day,” the staff was treated to chair massages by client Dee Schools, who has her own wonderful practice and comes to offices and private homes in order to make people (and “Super heroes”) feel better and return to work reinvigorated and relaxed. We know that everyone at ABRAMS LANDAU enjoyed her skills and spirit.

Bicycle safety and injury advocate Doug Landau making sure a cyclist is properly sitting on his stationary bike at the Herndon Bike to Work festival

Fairfax Advocates for Better Bicycling (”FABB”) met with City of Fairfax Police Chief and Sargent Pam Nevlud to provide comments on the city’s new bicycle safety website. FABB asked that the website put less stress on the dangers of cycling and more on the many positive aspects of cycling. Bicycling is no more dangerous than many other common activities. In fact, the health benefits of cycling outweigh the dangers. FABB discussed the importance of bicycle education at all levels and plans to co-sponsor a bike rodeo with the police in the spring.

FABB members manned a booth near my own during the annual “Bike 2 work” festival in Herndon.  The FABB explained its positions on various issues and is genuinely concerned about  bike commuting, touring and biker safety.  The Bike to Work day also featured free information about cycling safety, biker injury and prevention of bicycle and car crashes.  For other news and articles of interest, visit the FABB blog.