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.”

Herndon injury attorney and Masters Triathlete Doug Landau was told he was “crazy” for inviting potential clients, existing clients and their friends and families to come see him “in action.” Other experienced trial lawyers attending the American Association for Justice’s National Trial Lawyers convention in New York City this summer, confessed that they would never consider having injured, disabled and out of work clients come and learn how and where their cases would be decided. Yet that is exactly what we do every at the Herndon law firm ABRAMS LANDAU, Ltd. Here are cases, meetings, volunteer work, athletic competition and Continuing Legal Education (CLE) programs currently on the calendar this Fall:

• 9/7/2011 Manassas, VA: Virginia Workers Compensation hearing, slip and fall at a federal facility job accident case.
• 9/8/2011 Washington, DC: Trial Lawyers Association of DC “Meeting with the Judges” (CLE), at The University Club, 16th Street, NW, preceded by a program introducing the OsiriX software for Macintosh computers
• 9/09/2011 Alexandria, VA; U.S. District Court, Eastern District of Virginia, Alexandria Division, Motion in Limine (to exclude irrelevant evidence) in union construction plumber’s shopping mall on the job slip and fall case
• 9/10/2011 Reston, VA: South Lakes High School, bicycle helmet safety inspection and athlete registration volunteer for the Reston Triathlon
• 9/11/2011 Reston, VA: Lake Audubon, compete in Reston Triathlon,
• 9/15/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 9/18/2011 Winchester, VA: Warrenton Aquatic & Recreation Facility, compete in Virginia Triathlon Series (VTS)
• Sprint Triathlon, currently in 4th place in the Age Group, Landau hopes to again win the Series by accumulating enough points in addition to Masters and Age Group awards. ABRAMS LANDAU, Ltd. is a sponsor of the series.
• 9/20/2011 Fairfax, VA: Fairfax County Circuit Courthouse, Ethics and Social Networking CLE program sponsored by the Fairfax County Bar Association.
• 9/22/2011 Williamsburg, VA: Virginia Workers Compensation hearing, job vehicle accident case, late payment penalties
• 9/22-25/2011 Atlanta, GA: American Association for Justice (AAJ) College, Sheraton Atlanta Hotel, (CLE)
• 10/02/2011 Spotsylvania, VA: Acorn Sprint Triathlon, Lake Anna Beach marina, final competition in the Virginia Triathlon Series, Bumpass, VA
• 10/03/2011 Washington, DC: Social Security Administration, Disability claim before an Administrative Law Judge
• 10/5-6/2011 Monroe, LA: Social Security Administration, Disability claim before an Administrative Law Judge on a case remanded from an unfavorable decision for a client for whom ABRAMS LANDAU was successful in his car crash and related workers comp claims.
• 10/6-9/2011 Bergen County, NJ: Client visit, returning to volunteer at High School Parents Weekend, McLean, VA
• 10/10/2011 Richmond, VA: Mediation in a Virginia Workers Compensation claim for a disabled nurse with a Tidewater area insurance defense firm, even though the office is closed for the Columbus Day holiday.
• 10/12/2011 Fairfax, VA: Virginia Workers Compensation hearing, health care provider’s slip and fall brain injury case; the original claim was won, but when additional brain surgery was needed, the insurance company disputed that it was related to the original, on the job fall on the ice and refused to pay the medical bills.
• 10/13/2011 Fairfax, VA: District Court of Fairfax County, monitoring the Traffic Court prosecution of the defendant whose unsafe driving caused permanent injury and death.
• 10/15-16 Williamsburg, VA: Old Dominion University Department of Accounting, compete in annual 5km.
• 10/17/2011 Fairfax, VA: Virginia Workers Compensation hearing, nurse’s car crash back and head injury case. The original claim was won (covering her spinal surgery) and her car crash liability case settled for policy limits, but when additional traumatic brain injury case was sought, the insurance company disputed that it was related to the original, on the job crash and refused to pay the medical bills.
• 10/19/2011 Manassas, VA: Virginia Workers Compensation hearing for a Michigan client with a back injury
• 11/3/2011 Fairfax, VA: Virginia Workers Compensation hearing, after winning permanent and total disability hearing against the Department of Disability Services, seeking van modifications and other additional benefits
• 11/4-6/2011 Lakeville, CT: Volunteer Leadership Weekend, The Hotchkiss School
  nurse’s car crash back and head injury case.
• 11/11-13/2011 Richmond, VA: Virginia Trial Lawyers Advanced Workers Compensation retreat, (CLE) Courtyard by Marriott West
• 11/12/2011 Richmond, VA: Arthur Ashe Athletic Center Health Expo and Richmond Sportsbackers Marathon Festival, compete in 8km. road race.
• 11/18/2011 Herndon, VA: Herndon Community Center Annual Turkey Trot 5km cross country race (in the afternoon, just blocks from the Landau Law Shop !)
• 11/23/2011 Glen Ridge, NJ: United States Track & Field-NJ Championship Road Race, Ashenfelter 8K Classic, benefiting the Glen Ridge Educational Foundation (Landau Law Shop closed for the Thanksgiving holiday)
• 11/30/2011 Colorado Springs, CO: Triathlon World Championship Age Group Sprint Distance qualifiers, like All American Doug Landau, international paperwork for competition in Auckland, New Zealand, October 14-22, 2012

If you want to see Triathlon Trial Lawyer Landau “in action” at these or other events, please e-mail or call the Landau Law Shop (703-796-9555) beforehand, as insurance companies settle on the eve of trial, judges postpone trials and races get canceled due to weather or other unforeseen events, and your time is valuable.  Several races and court cases (including a complex Interpleader for insurance policy limits in Chesterfield Circuit Court as the result of a single car crash injuring several international exchange students) have already been cancelled and postponed due to Hurricane Irene.  Herndon Reston area injury lawyer hopes to see you soon !

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 »

Doug Landau, of the Herndon law firm ABRAMS LANDAU, Ltd., at the start of the Newton crosss country run during the Multisport World conference in Bethesda, Maryland

DC, Maryland and Virginia Triathletes, Duathletes, Runners, Bikers, Swimmers and Rowers were treated to some outstanding lectures, demonstrations, clinics and competition at this past weekend’s Multisport World in North Bethesda.  There were individual and team competitions in swimming relay, cross country running and indoor computrainer cycling events.  Triathlon Trial Lawyer Doug Landau competed in the running and cycling events.  The 5km race was sponsored by Newton running shoe company, and Landau wore his custom-cut Newtons around the Georgetown Prep Track, golf course and roads. Top finishers and teams got free shoes !

For the 10km. time trial inside the Expo hall, Landau brought his bike and shoes, and a change of clothes, as he was soaked afterwards !  The school’s locker room and facilities were excellent, and this event is sure to get bigger each year.  Cheered on by friends from the DC Triathlon Club, RATS (Reston Area TriathleteS), Team FeXY, Team Z, TriCats, SetUp Inc., Rehab 2 Racing and others, the Herndon injury lawyer was able to average over 22 miles per hour on the hilly course and over 230 watts !

Herndon injury lawyer Doug Landau, SPOKES publisher Neil Sandler, Virginia Triathlon Series race director Greg Hawkins, and Rehab 2 Racing Triathlon Coach Rob Colburn survey the scene at the 2011 Multisport World Expo in Bethesda, MD

Multisport World came to the Mid Atlantic region today.   Developed in partnership with USAT Mid-Atlantic Region and held at the state-of-the-art Hanley Center for Athletic Excellence at Georgetown Prep in North Bethesda, Maryland, triathletes, duathletes, bikers, runners and swimmers were treated to a full day of activities.   The local high school’s indoor track, pool and conference rooms were devoted to multisport seminars, training clinics, workshops, competitive events and more.  The first 500 registered attendees received  swag bags with product samples, money-saving coupons and more.  Plus all registered attendees were eligible to win valuable prizes and receive discounts to selected Multisport World clinics.

The campus golf course and outdoor track were the venues for the Newton running shoes demonstration and challenging 5km and the pristine pool, held Total Immersion swim clinics.  Georgetown Prep was the site of the Bethesda Cure Autism Now Sprint Triathlon (yes, that’s my photo on the far right, exiting the pool en route to winning the race 2 years ago !).  All of the big names, and clubs from Virginia, Maryland and DC triathlon were there.  There were also a number of newcomers and there was something for everyone, from “newbie” to veteran.  In the following posts, the competitions and other news will be published.

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 »