The Athlete's Lawyer

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 »

Triathlon Trial Lawyer Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., was runner up in his age group at the Reston Town Center New Year's Day 5k road running race

In a new addition to the New Years Day racing lineup in Northern Virginia, our friends at Potomac River Running (“PRR”) have come up with a New Year’s Day 5k in Reston. The 5k started on Market Street at the Reston Town Center at the very civilized hour of 10 a.m.  One of the advantages of this venue is that there is plenty of free parking available in the numerous garages at the Town Center.  The race was computer chip timed, and packet pick up was available at the PRR Reston store. 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, after running long distances in extremely cold conditions, Herndon Virginia sports injury lawyer Doug Landau, despite wearing layers, shows little brain activity !

When it gets dark earlier in the evening, and when glare and low sunsets compromise driver’s vision, it’s best to run off the roads or with a group.  Join a local running group in your area and enjoy your running.  Running off roads has its own set of special hazards.  For one thing, the uneven surfaces that I favor can cause twisted ankle in the low light conditions this time of year.  Also, the cold temperatures make soft cinder, mud and grass courses more unforgiving, leading to stress on the knees, IT bands and ankles.

If you run on streets, wear as much reflective and light colored gear as you can.  I understand that black clothing is “slenderizing,” but as a driver myself, I have a hard mew seeing runners in all black during “rush hour.”  If you can run during your lunch break, when the temperatures are higher and the lighting is better, try to do so.  It will keep your energy level high during the afternoon “doldrums,” and you won’t be so tired (or unmotivated) facing a workout after your commute home at the end of the day.  I tend to overdress in the winter with lots of layers, as I can always remove a light jacket, hat or open up some vents.  When there is snow on the ground, I like to wear high gators like mountain hikers wear.  It keeps snow and ice out of my running shoes and socks.  As long as my  extremities are warm (my hands, feet and head), then I can keep going for many miles.  But, as soon as I get wet and cold, I head for home,. hot soup and a bath.  Stay warm, run with friends, be safe and have fun this winter.

Virginia Cyclists heading West from Fairfax, Prince William and Loudoun County biking toward Leesburg, Sterling and Lovettesville need the protection of sensible, enforceable traffic laws

In response to the Sterling Road and W&OD Trail bike crash post, Bruce Wright of the Fairfax Advocates for Better Bicycling.  Mr. Wright sagely notes, “Another lesson is that Virginia’s crosswalk law needs to be strengthened.  Currently motorists are only required to “yield” to pedestrians (and bicyclists) in a crosswalk.  Also, in some states motorists on multi-lane roads are required to “stop and remain stopped if a pedestrian (or bicyclist) is in their half of the roadway.”  For example, see New Jersey’s new crosswalk law.

Here in Virginia there have been several recent attempts to strengthen the law, and each year proposed changes get closer to passing.  Cyclists can follow this year’s legislative session at the Virginia Bike website.  Hopefully, through education, advocacy and cooperation, the laws protecting cyclists in the Commonwealth can be improved and enforced.

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.

Runners warming up for the start of the Ashenfelter NJ 8km road race championship in Glen Ridge, New Jersey on Thanksgiving

The Ashenfelter 8K Classic (A8K) is a United States Track & Field-NJ Championship Road Race which is open to everyone… walkers, joggers, runners and racers. The race is produced by the Glen Ridge Educational Foundation. This traditional Thanksgiving Day running event will be held on Thursday, November 25, 2010.  The 8K (4.97 miles) USATF-NJ MASTERS 8K CHAMPIONSHIP has prize money awards (Age Graded, Male/Female, for USATFNJ Members Only).  There are special mugs for finishers in the Top 100, male and female.  Since 2000, the top 100 male time has dropped from 35:54 (7:13/mile) to 33:43 in 2005 (6:47/mile) to 32 minutes in 2008 (6:28/mile average pace) !  Doug Landau of the Herndon Law Firm ABRAMS LANDAU, Ltd. was still heading out when he saw the leader, sporting a Princeton Tiger singlet, heading for the finish line in under 25 minutes !  It’s a very competitive field.

To date, the Ashenfelter 8K Classic has raised over $100,000. Since 2005 the main beneficiary has been The Glen Ridge Educational Foundation, a not for profit 501(c)3 organization.  In addition, liek several other Thanksgiving time athletic event that Triathlon Trial Lawyer DOug Landau has participated in , this championship event was collecting used, smelly running shoes !  Joggers, walkers and runners could donate old or un-used athletic shoes to soles4souls.  Collection boxes were available at Fleet Feet Sports, Murdoch Shoes, and at the race Registration.