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 Record.” This means that they do not provide their own Court reporters, so if the Defendant trucker changes his story later, there is no proof. This can be very frustrating. At the Landau Law Shop we almost always make sure that a court reporter covers our clients’ Traffic Court cases, so that if someone tries to change their story; the police officer or other witnesses relocate; or an appeal is taken, we have everyone’s statements, under oath and can undertake prompt, thorough investigation of the facts of the bike and motor vehicle crash.

For more information, read the story in the Roanoke Times.

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.”

• 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 !

Ed Allen and Herndon injury lawyer Doug Landau enjoy the warmth of The Homestead

With snow flakes falling in South West Virginia, the lawyers, judges and legislators who signed up to play in the Annual Norman Landau Cup at the Virginia Trial Lawyers convention had to not only contend with a challenging Homestead golf course, cold and wind, but the possibility of losing their balls in the snow !  There was scant accumulation, but while jogging today in order to familiarize myself with tomorrow’s fun run course, where I would serve as a race volunteer, I noted it was hard to see the balls being hit when the flakes were falling !  Hopefully, the foursomes will wait for those ahead to move out of danger, yell “fore” and wear gloves with dry grips.  Golf course injuries are no laughing matter, and wet, slippery surfaces increase the danger of golf cart crashes, as I have written in prior posts.  No injuries were injured, and the top teams were heartily cheered at the closing banquet.  When their fingers thaw out, they hope to shake the hands of all the well-wishers.

According to the CPSC recall notification, the hazard is significant, as the swing seats on these Oasis Playsets can crack and break in half, causing the user to fall to the ground.  Escalade Sports has received 24 reports of the seats breaking, though no injuries have been reported.  These defective and dangerous products were sold by Oasis distributors and dealers nationwide from April 2008 to December 2010 for between $1,500 and $2,200.  Consumers should immediately stop using these swing seats and contact Escalade Sports for free replacement swing seats.  For additional information, contact Escalade Sports at (800) 742-6009 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the Escalade’s website.  Consumers can also e-mail Escalade Sports.

This recall involves Everlast Resistance Stretch Tubing, Everlast Pilates Stretch Tubing, Sportline Resistance Stretch Tubing and Pineapple Pilates Stretch Tubing, used for exercise and stretching. The tubing comes in yellow, blue or black with black handles. The words “2404″, “2001 EB Sport Group” and “Made in China” are molded on the handles. A list of affected lot numbers is available on the EB Sports Group’s website.

Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.  For additional information, contact EB Brands at (800) 624-5671.  A picture of recalled stretch tubing can be found at the CPSC recall website.

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 ?

While there is no perfectly clear answer to this question, bicycling information that is provided by the Virginia Department of Transportation (“VDOT”), provides some guidance.  VDOT indicates that in general, bicyclists are obligated “to ride as close as safely practicable to the right curb or edge of the roadway”. This indicates that there is a preference for all cyclists to ride in a single-file line. However, exceptions to this preference are allowed when the bicyclist is passing another vehicle proceeding in the same direction.

In addition, that same information states that, “bicyclists cannot ride more than two or more abreast on highways”, and that when riding two abreast, they cannot impede the flow of traffic. This information seems to indicate that it is generally okay to ride two abreast, even when not passing. However, cyclists should move into single file when another vehicle is approaching from behind. This rule does not apply when the bicyclists are riding on a bike path or a lane specifically set aside for bikers. These general guidelines are based on Virginia state laws on bicycling.  Other sources, such as Sharing the Road in Virginia, back up these general guidelines, also telling cyclists to:

• stay as far right as possible,
• to not ride more than 2-abreast, and
• to ride single file when moving slower than motor vehicle traffic.

All of this taken together seems to indicate that there is a preference for single-file riding and an out-right ban on riding more than two people side-by-side.  Riding two-abreast is definitely permitted when passing, and may be allowed in other circumstances.

To entirely prevent or mitigate concussive head-snapping, athletes strengthen their neck muscles and try to be prepared. When an athlete braces for a tackle, or a boxer gets ready for a punch to the head, the tensing of the neck muscles can keep the skull from jerking too fast. Bracing the neck to prevent fast deceleration of the brain inside of the skull can prevent or lessen the impact of a tackle, check or punch to the head.

Because of the short term and long term effects of single and repetitive insults to the head, the National Hockey League (“NHL”) has tried to eliminate blows to the skull that catch a player by surprise. The NHL banned blind side hits in 2010.
The Mayo Clinic suggested that all hits to the head, blindside and otherwise, be banned from hockey. Even though hockey and football players wear helmets, a concussion is often not the result of a direct blow to the head. Instead, rapid front-to-back and side-to-side snaps of the skull, as in a car crash, can result in loss of consciousness, concussions and swelling of the brain. When the head or body is buffeted by a large force, the movement can cause the brain to strike the inside of the hard, boney skull. The brain is anchored by the brain stem, like a thick rope holding a bowling ball on top. The brain moves at different speeds from the rest of the head, like a jello mold inside of a hard, glass jar (the skull). In severe deceleration cases, like car crashes and blind side tackles, the brain can even bounce off the inside of the skull, causing brain swelling, bleeding and permanent injury and deficits. If you or someone you know has had a head injury or sustained a deceleration accident that is causing headaches, dizziness or other symptoms, get medical assistance at once. If the harm was caused by the negligence or unsafe decisions of another, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555).

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.

The certified 5k course started and finished on Market Street at the Town Center.  The course ran through the Town Center streets and out and back on the W&OD asphalt path just a mile East of the Landau Law Shop in Herndon, Virginia !  Because the W&OD Trail was open during the race, runners were urged to be careful and cautious of others using the path.  Mile markers were posted on the course.   There were also the W&OD Trail 1/2 mile markers, for those, like Herndon Reston injury lawyer Landau, who like lots of splits and feedback as to pace.  Plus, instead of “Port-a-Johns,” real (heated !) restrooms were available at the Town Center.  They were located at the information center near the ice skating rink.  Having raced at this year’s inaugural event, copped an Age Group prize (finishing 29th of 420) and enjoyed the course and festivities, this is a 5km that will be on the Triathlon Trial Lawyer’s calendar for next year.  Official results can be viewed by clicking here.