The Athlete's Lawyer

Maccabi Triathlon Team members Urbach, Stuckelman and Landau with their 2009 DC Dextro Triathlon prizes

The DC Dextro Triathlons had 5 Maccabiah team athletes competing 4 weeks before the quadrennial games’ triathlon was to be contested in Israel. It was a great day for members of the USA Maccabiah Triathlon team racing in our Nation’s Capitol (yes, that’s the White House behind Landau’s head !). Mark Stuckelman, a member of the 2009 team, along with 2005 team member Rob Urbach, won an age group award in the Olympic Distance race. Doug Landau, also from the 2005 team, won an award in the sprint distance event. Because the race was contested under DC’s hot and humid conditions, it was an excellent training exercise for Stuckelman, who will likely encounter severe “heat load” in Israel. By preparing for extreme conditions, endurance athletes can carry enough water, electrolytes and calories to prevent dehydration, overheating and “bonking.” Experienced athletes like Stuckelman will experiment with different hydration solutions and gels in order to ascertain the best mix of solid and liquid fuels for long, hot racing. Heat injury and exhaustion can lead to bike crashes, dizziness, fainting and loss of consciousness. That is why it is so important to train for the conditions in which you will be racing and to acclimatize once you arrive at the race venue.

Maccabiah USA athletes Rob Urbach, Doug Landau, Lisa Levin Reichman and Mark Stuckelman

Maccabiah USA Sports for Israel supporters and participants crossed paths at the ITU Dextro Triathlons in Washington, D.C. These races were held in the Potomac River and finished on Pennsylvania Avenue between the White House and Capitol Hill ! The world’s best pro triathletes competed after the amateurs. Their transition area was carpeted for their multi-lap, draft legal races. Doug Landau got to watch the race with 2-time Olympic medalist Simon Whitfield of Canada. What Landau, who has a keen interest in sports medicine, found particularly interesting was the fact that the leaders where running at just over 5 minutes per mile pace at heart rates of only 140 beats per minute!

Triathletes Urbach, Charles Chester and Landau after the DC Dextro Triathlons

TriathlonTrial Lawyer Doug Landau was able to visit with 2005 teammate (and bicycle crash injury client) Rob Urbach before and after the races. Also participating in one of her first multisport races was 2005 US Maccabiah Triathlon Team Manager Lisa Levin Reichman. Mrs. Reichman, in addition to being a busy wife and mother who was featured in the Examiner newspapers this spring, was also a Pan Am Maccabiah Games half marathoner and medalist. Doug Landau has worked with Maryland attorney and triathlon competitor Charles Chester, andit is hoped that Chester will have the opportunity to go and compete in Israel together. 2009 Triathlon Team Member Mark Stuckelman, who was visiting from Los Angeles, California, was using the DC race as a tune up. Good luck to Mark and the rest of the 209 United States Triathlon team.

Leesburg, Loudoun and Fairfax County bikers lawyer Doug Landau answering questions at the Reston Bike Club ride in Herndon, Virginia

If I get ticketed while riding my bike I could lose my license to drive my car, but if I get my license to drive my car suspended, do I lose my bicycle privileges ?”

Do I now have to carry my drivers license when I ride my bicycle ?

Are the Loudoun, Fairfax and Leesburg police now going to write me up for not having reflectors and lights when I ride with my bike club ?

These are some of the questions that came flooding into TriathlonTrialLawyer Doug Landau’s office after Tuesday’s Court case in Leesburg, the Loudoun Times article , comments on the blogsphere and Thursday’s coverage on the NBC evening news. While the ABRAMS LANDAU injury and disability lawyer spends most of his time helping injured cyclists, athletes, workers and their families, his answers to these questions are as follows:

1. If your drivers license is suspended or revoked, you can still ride your bicycle. It is an interesting hypothetical though. What if you continue to accumulate “points” for biking infractions, have no drivers license, can you continue to “bike with impunity” as long as you pay the fines ?

2. No, you are not required to carry your drivers license while biking. While I do carry identification, a few dollars (in case I bonk or need some dough for a date), first aid kit, a cell phone, 3-way wrench or swiss army knife, camera (annoying, I know), and some electrolytes, I do not carry my drivers license (or passport) because I might lose these important documents and no law requires that I maintain them with me while cycling.

3. Reflectors and lights are for riding after sunset and prior to sunrise. If the police or sheriff’s offices start ticketing for not having these items during daylight hours, it would be hard to imagine a Commonwealth’s Attorney taking the case to trial. When I prosecuted cases in Florida for the State Attorney’s Office, I would not have tried such a case. The police, courts and prosecutors have better things to do that pursue daytime reflector and light charges.

Thank you for your questions, comments and suggestions.

“How is it illegal in Virginia to operate a bicycle IN BROAD DAYLIGHT with no lights or reflectors ?” “I’m going to check the reflectors on my bike as soon as I get off the computer. ” “Please cite the relevant statute or local ordinance.”

Cycle injury lawyer Doug Landau asks, where would you put lights or reflectors on this client's bike ?

These were some of the comments I recently received after representing cyclists in the Loudoun County District Court in Leesburg Tuesday. The short answer is no, you do not need lights on or reflectors from sunrise to sunset. However, I have been stopped by the police for not having reflectors, lights and even mud guards on my old Italian Bianchi racing bike while commuting home from the train station in Cambridge England !

Most racing and triathlon bikes do not have lights, reflectors or mudguards in order to save weight, rotating mass and because most competitions are held in the daytime. If you are a bicycle commuter, long distance bike tour participant or training very early or late in the day, you may need to have lights, reflectors and other safety gear. Here’s the relevant Virginia Code section

§ 46.2-1015. Lights on bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds.

A. Every bicycle, electric personal assistive mobility device, electric power-assisted bicycle, and moped when in use between sunset and sunrise shall be equipped with a headlight on the front emitting a white light visible in clear weather from a distance of at least 500 feet to the front and a red reflector visible from a distance of at least 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types approved by the Superintendent.

In addition to the foregoing provisions of this section, a bicycle or its rider may be equipped with lights or reflectors. These lights may be steady burning or blinking.

B. Every bicycle, or its rider, shall be equipped with a taillight on the rear emitting a red light plainly visible in clear weather from a distance of at least 500 feet to the rear when in use between sunset and sunrise and operating on any highway with a speed limit of 35 mph or greater. Any such taillight shall be of a type approved by the Superintendent.

Washington Area Bicyclist Association, Winchester Wheelmen, VBF, Fairfax Cycle and other groups have called, sent e-mails and comments about the Multiple Sclerosis Ride and other bikers’ court cases in Leesburg. They raise valid points, concerns and criticisms. I will try to answer as best I can.

Cycling injury and bike crash lawyer Doug Landau welcomes your comments, suggestions and help

For those who want to speak to me in person, over the next 7 days I will be available in Fairfax, Frederick and Westmorland Counties for sports events in Herndon, Winchester & Colonial Beach. I plan on riding tomorrow with the Reston Bike Club here at the Caboose in Herndon (a block from the ABRAMS LANDAU office); competing at the FCPRD SportsFest Saturday morning; and then traveling to Colonial Beach that afternoon for the Olympic Distance Triathlon on Sunday. I hope to be in D.C. next Wednesday as well.

Though I will not be in my “Court attire,”I welcome discussing cycling issues “live” at those times. I devote the majority of my work to helping injured and disabled children, families, workers, cyclists and other athletes with their catastrophic and permanent injury cases throughout the East Coast. Our office has an “open book” policy as well as the only “total transparency” policy (where we INVITE people to come and watch us in court, teach, conduct mock trials for the new judges’ training program, lecture, race, etc.) so that everyone can see what we do and how we do it. It’s as simple as that. I want to thank all y’all for keeping me “in the loop.” Please let us know of cycling safety and legal issues in the future.

Now to the facts:

ABRAMS LANDAU, Ltd. was contacted only last week by one of the Defendant bicyclists cited by the Loudoun County Sheriffs for failure to stop. On Friday, July 3rd, 2009 during my and my wife’s annual birthday vacation in Connecticut I spoke to the first of these bikers. This experienced cyclist advised that the cases were to be heard in Court on Tuesday. Agreeing to represent as many bicycle riders who would have me on the 7th of July, pro bono (at no charge), Read the rest of this entry »

TRIATHLON INFORMATION NIGHT

Tuesday 7/7 7:30pm – at the Broadlands Nature Center – Back Patio

Maybe you have now done a race or two, and are wondering, “what’s next”. Or perhaps you’ve heard others talking about all the fun they had training and racing and are wondering if triathlon might be for you. Come for a brief presentation of Triathlon 101, and a question and answer session. Brian Crow (see “Places” section), Triathlon Coach and Trainer, will be here to talk about setting goals, training programs, picking races and Team TPR. This is meant to be an informative evening for both experienced triathletes looking for a local tri club, and people thinking they might want to take the plunge. No commitments required, just lots of information to share and a chance to ask questions. Please forward this to anyone else you feel might be interested. The more the merrier.

Feel free to contact Coach Brian Crow 703-887-5392 and triath@comcast.net or Laura Aldrich 703-728-6922 if you have any questions.

Leesburg, Loudoun and Fairfax brain injury and disability lawyer Doug Landau of ABRAMS LANDAU, Ltd., Herndon, VA

Traumatic Brain Injury is defined by the Brain Injury Association of America as a “blow or jolt to the head or a penetrating head injury that disrupts the function of the brain.” While not all blows or jolts to the head result in TBI, it’s sometimes hard to tell the severity of a brain injury right away. Doug Landau recently took part in non-profit Brain Injury Services meeting in Leesburg. Landau has helped accident victims who have been diagnosed with head trauma and TBI days, weeks and even months after a car wreck, truck crash or bicycle-motor vehicle impact. A TBI can result in short or long-term independent function problems. Each year in the United States, nearly 1.5 million people will suffer a Traumatic Brain Injury (TBI). Causes for TBI vary from falls from bikes, defective sports equipment, to traffic crashes and physical assaults. Additionally, a large number of military personnel returning from active war zones, such as the war in Iraq, suffer from TBIs, as written about on our LandauInjuryLaw site.

It’s reported that, of those who suffer TBIs, 50,000 die each year. The latest data show that 235,000 are hospitalized with 1.1 million persons treated and released from an emergency department. The Centers for Disease Control and Prevention estimates that more than 3 million Americans currently have a long-term need, which may be for life, for help in performing daily activities as a result of a TBI. Part of the insidious nature of TBIs is they are often missed in initial medical examinations after a blow or jolt to the head. Symptoms are subtle and can be easily overlooked. Also, the effects of TBI may be delayed and not be evident for days or weeks before they appear. If you or someone you know has suffered from a traumatic brain injury, head trauma or concussion, please call us at ABRAMS LANDAU, Ltd., 703-796-9555 or e-mail us at the Landau Law Shop. Let our team take care of yours.

Virginia athete and sports injury lawyer Doug Landau using a hamstring exercise machine

Crushing injuries to hands and fingers due to unguarded, unsafe or poorly made exercise machines is a well-known hazard in the fitness equipment and health club industry. Loudoun, Leesburg and Herndon sports injury lawyer Doug Landau has seen warning labels and instructions in order to reduce the likelihood of crush injuries to hands and fingers on exercise machines all over the world. However, a recent recall by a major exercise equipment manufacturer and supplier has caught the attention of the staff of ABRAMS LANDAU after reports of amputation, laceration and crushing injuries.

Paramount Fitness Corp., of Los Angeles, California has recalled about 150 Leg Curl Machines. A consumer’s hand can become caught between the cylindrical counter weight and the frame of the fitness machine, posing a crushing hazard that can result in lacerations and finger amputation. Paramount has received three reports of incidents, including a finger amputation and two finger-crushing injuries. This recall involves the Paramount Fitness PL2100 leg curl machine. The single station weight machine is designed to exercise the hamstring muscles. Serial numbers involved in this recall include: PL21-9301-000 through PL21-9510-099. The serial number is printed on the back of the weight stack frame on the lower right. Model number PL2100 is printed on the exercise procedure label on the front of the machine. The Paramount Fitness logo is printed vertically on the frame. Consumers should immediately stop using the fitness machines and contact Paramount Fitness to receive a free repair kit. For additional information, contact Paramount Fitness at (888) 825-8905 between 7:30 a.m. and 4:30 p.m. PT daily, or visit the Paramount Web site. If you or someone you know was injured by a defective or dangerous sports product, please call us at once at 703-796-9555.

Texting or using a cell phone while on a skate board, roller blading or riding a bicycle will get you a ride in one of these...

Tonight, while returning from the Landau Law Shop, I saw teenagers riding their skate boards AGAINST traffic on West Ox Road by Frying Pan Park. Without helmets, pads or braces. And, they were on their cell phones. They could not see cars, hear cars or avoid any injury if there was even a “near miss.” They were not on the sidewalks or bike paths. A dangerous road + fading daylight + lots of traffic + eyes AND ears AND hands occupied = disaster.

Skate boarders, roller bladers, scooters, roller skiers, cyclists and other recreational athletes and competitive sports enthusiasts need to remember that not everyone on the roads and paths have their heightened sensory awareness or fast reflexes. “Defensive driving” means to be anticipating the worst from others on the road. Athletes on wheels need to keep their eyes and eyes on the road. Losing your senses is senseless and may lead to devastating head injury, brain trauma and permanent disability. Ride, blade and skate safely. No call is worth a “close call” or worse.

At ABRAMS LANDAU, Ltd., Melissa sometimes works while sitting on a physio ball

Victims of negligently inflicted sports injury often seek to recapture their former fitness through aggressive physical and occupational therapy. Loudoun, Leesburg and Fairfax injury lawyer Doug Landau, like his clients, uses fitness balls for fitness, strength training and flexibility. However, it has come to the attention of the ABRAMS LANDAU staff that about three million fitness balls sold in department stores and sporting good retailers nationwide have been voluntarily recalled. This recall follows 47 reports that the fitness balls unexpectedly burst, in some cases causing injuries, according to the Consumer Product Safety Commission.

The balls — carrying the names Bally Total Fitness, Everlast, Valeo and Body Fit – were distributed by EB Brands of Yonkers, NY and made in China. They were sold between May 2000 and February 2009 for between $15 and $30. The 55-, 65- and 75-centimeter sizes are involved in the recall, and were sold with a pump and inflation instructions. The CPSC believes the balls burst because they were over-inflated. Consumers should contact EB Brands by calling 800-624-5671 in order to receive updated inflation instructions. If you or someone you know was injured by a defective or dangerous sports product, please call us at once at 703-796-9555.