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.”

Will triathlon and duathlon trial lawyer Doug Landau's winter training yield results ? Stay tuned ! His race card is filling up.

Always looking to combine races when he travels for cases, seminars, speeches and family, Doug Landau has registered for the Virginia DUathlon which is being contested the same week as the Virginia Trial Lawyer Annual Convention in Williamsburg.  The Herndon Reston area lawyer will forego the “Fun Run,” and serve as a volunteer for that sporting event as well as the Tennis Tournament he sponsors each year in order to rest up for the very competitive “VaDu.”  The run-bike-run format will enable the sports injury lawyer to assess his fitness 30 days prior to the US National DUathlon Championships.  The USAT “Duathlon Festival” will be contested for the third, and final year, in Downtown Richmond, thanks to the wonderful efforts of the Richmond Sports Backers.

Landau’s results the past two years have not been stellar, but he has worked hard through the winter to get his cycling and running legs in shape for these important early season races.  The peripatetic trial lawyer hopes that by “front loading” his early season, and not signing up for any full Olympic Distance Triathlons, he will be able to perform well at both the US National Duathlon short course road championship in April AND the US National Sprint Triathlon Championship in Alabama in late September.  Landau will be in Richmond the end of April in order to teach on the Virginia Supreme Court’s “New Judges’ Training Program.”  The ABRAMS LANDAU litigator will also be back in Richmond several times in May and June in order to teach at the annual Tort Law Seminar and for family and social functions.  If you want to see Doug in action, e-mail or call the office for details !

Recently, Ashburn and Herndon area injury lawyer Doug Landau has been contacted by injured bikers who already have a lawyer.  Some are dissatisfied with their current lawyer’s work. Others cannot reach their current attorney.  And still other cyclists are confused and do not understand the legal process or their present legal counsel’s instructions.

Herndon and Ashburn bike crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. steers his bike with just 2 hands !

When A-V Rated attorney Doug Landau is contacted by a disabled biker or athlete or bike – car crash victim who is already represented by counsel, he and the ABRAMS LANDAU staff advise the caller to try to work things out with their present lawyer.  That lawyer presumably knows the case; has invested in the claim; and, will likely have a “lien” (an “IOU”) for attorney fees even if the case is taken over by another attorney or law firm.  Plus, switching counsel “mid-stream” sends a negative message to the insurance company.  It suggests that the client is impatient, may switch again, and that there will be dissonance on the plaintiff’s side of the case.  So, while the injury trial team at ABRAMS LANDAU wants to help everyone who calls, writes and e-mails, when there is already counsel retained, we decline representation unless the potential client has:

1. Genuinely tried to work things out with their original lawyer;
2. Settled up with their counsel, who may be owed money for costs and fees;
3. Put in writing that the lawyer is discharged; and
4. Have a copy of their file so that the next lawyer does not have to “reinvent the wheel” and duplicate expenses.

Cases the ABRAMS LANDAU injury trial team is currently working on that were started by other law firms include claims where the original lawyer has: retired, fallen ill, been disbarred, realized that they are not admitted to practice in the jurisdiction where the trial will be held and does not have the staff, resources or money to properly invest in the case.

Winter sports and traumatic brain injury lawyer Doug Landau notes increasing use of helmets by skiers, snowboarders and other cold weather sports enthusiasts

It used to be rare to see helmets on the slopes; snowboarders, skiers thought they were “uncool, dorky,” and for wimps.  But serious injury and stylish helmet design have caused those wearing head protection to be in the majority.  Winter sports injury lawyer Doug Landau noticed all colors of helmets during recent trips to New England ski, snowboard and tubing hills.  Commending the increase in winter sports head protection, Landau hopes that the increasing use of helmets will lead to a concomitant decrease in traumatic brain injury and head trauma in injured winter athletes.

According to NBC Sports, Helmets, one of the fastest growth areas in the snowsports industry, have moved over the hump and are no longer considered too niche or dorky for the masses. Safety is the driving reason to wear them, of course, but improved styling and comfort may be what make them a no-brainer.  “In the last couple of years, you see a big movement toward helmets — it just makes sense,” says Ted Ligety, the U.S. Olympic skier who has been sporting a bright orange helmet in Vancouver. “I started wearing a helmet when I was 4 years old. I feel super naked if I’m not wearing a helmet. My parents did a good job engraining it in my head.”  Wearing helmets for recreational skiing and snowboarding often starts with the kids, and then parents.
To read the rest of the news report.

Doug Landau and other hardy cyclists after riding the free VASA Bike Ride at the Swedish Embassy

If you want a long early season ride with hot soup and a tour of the lovely Swedish Embassy, Triathlon Trial Lawyer Doug Landau recommends that you register for the Washington Area Bicyclist Association (”WABA”) and the Embassy of Sweden’s VASA Ride.  The free Vasa event celebrates Sweden’s famed ski race and festival, “Vasaloppet,” by bike! This unique Washington, D.C. and Maryland bicycle event has options for riders of all abilities!

Starting from the Embassy of Sweden building, “House of Sweden,” bicyclists will duplicate the 56-mile Vasa race with a non-competitive ride through scenic upper Northwest Washington DC and into Montgomery County, MD.  In keeping with the Vasaloppet’s week-long series of events for everyone, WABA also has designed shorter routes, a Halv Vasa (28 miles) and a Kort Vasa (14 miles).  All rides will finish with the Vasa Race’s famed blueberry soup courtesy of Ekströms, part of Procordia Food AB and the Swedish Embassy.  If you have any last minute mechanical issues, Northern Virginia area bicycle shop Spokes, Etc will be providing mechanic support from 7:30am to 9:00am.

DATE: March 7, 2010

LOCATION:
House of Sweden
2900 K St., NW
Washington, DC 20007

TIMES:
Registration will start at 7:30am and end at 9:15 am.

56-Mile Vasa will start at 8:00am
28-mile Halv Vasa will start at 8:30am
14-mile Kort Vasa will start at 9:00am

*Please note, any riders arriving back to House of Sweden past 1pm will not be guaranteed blueberry soup

Landau notes that the Vasa Ride is a rain or shine event, and helmets are mandatory.  And, typical of the Swedes irreverence and wonderful sense of humor, they note, “If it snows, bring your skis !”

Franklin Farms bike crash lawyer Doug Landau advocates wearing bright colors when cycling, and often dons fluorescent yellow, orange and green bike gear when biking.  But even the TriathlonTrialLawyer was surprised to read the news story in this month’s TRIAL magazine about a driver who was found guilty in Oregon of “Hit and run” as well as “leaving the scene” of an accident.  According to the case report, the Defendant driver hit a pedicab operator.  The pedicab driver was 6-feet-tall and wearing an orange bunny suit for Easter !  Furthermore, the innocent victim’s pedicab had reflectors and  blinking red light.  The pedicab driver noted, “I was very visible.”  Evidence tends to suggest that the Defendant driver could have also been charged with “failure to pay full time and attention” to their driver when they hit this six-foot-tall orange bicycling Easter Bunny !

If you, or someone you know, has been injured in a car crash with a bike, pedicab, motorcycle or tandem, please e-mail or call us at ABRAMS LANDAU (703-796-9555), as there are legal time limits for bringing such claims.

WRONG !  Herndon car and bike crash lawyer Doug Landau wagers that we all know someone who was issued a speeding or other traffic ticket, only to have it dismissed, reduced, or “beaten.”  Just because the person who caused a crash got a ticket DOES NOT AUTOMATICALLY mean they are “guilty” in the civil personal injury case.  The ABRAMS LANDAU Trial Team has seen many cases where the Defendant was issued a ticket and their insurance company still denied the claim of the injured plaintiffs.  What’s more, according to former Florida State Prosecutor Landau, many tickets are dismissed, not prosecuted, beaten and even appealed.  That is why it is so critical to take proactive steps after a car crash, EVEN IF THE OTHER DRIVER IS GIVEN A TICKET ! If you, or someone you know, has been injured in a car crash accident, please e-mail or call us at ABRAMS LANDAU (703-796-9555) BEFORE the Traffic Court date.  We have FREE information that can help you, even if we do not end up representing you.

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.