The Athlete's Lawyer

Every Vasa bike rider gets HOT berry soup, courtesy of the Swedish Embassy located in Georgetown !

OK, I have a confession.  I like Swedes.  I like their embassy in DC.  I like the embassy’s views of the Potomac River.  I like the VASA ride.  But I really like the HOT BERRY SOUP !  So sign up no – there are only 100 spots left, and enjoy a ride through DC, along the Potomac River, up through Maryland and then tour the embassy in Georgetown.  It’s a great winter workout, with several distance options.  And especially enjoy the berry soup !

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 »

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 !

The Executive Director of the DC Trial Lawyers, Mary Zambri, forwarded me the following “thank you” note from the Children’s National Medical Center Child Advocacy Institute after another successful free bicycle helmet distribution:

On behalf of Children’s National and the National Children’s Museum, I would like to take the opportunity to extend a great big thank you to the DC Trial Lawyers for your generous donation of 400 Bike Helmets.  The Cyclefest was a great success because of your contribution and time commitment. Please extend a thank you to all your members who participated in the helmet fittings…
Children’s National Medical Center

Department of Advocacy & Community Affairs
Child Advocacy Institute

The Trial Lawyers Association of DC (TLA-DC) draws members from Virginia, Maryland and the District of Columbia.  As an active member of the TLA-DC, Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., attends educational programs, shares trial strategies and meets with, and as, local counsel with other top DC Metro area trial attorneys.  The Landau Law Shop looks forward to giving out more helmets in order to prevent head injuries to children this Fall.  Biker head protection is a cause near and dear to lawyer Landau’s heart, as he has represented the victims of traumatic brain injury, served as a volunteer for the Brain Injury Association (“BIA”), and been involved in bicycle crashes himself.  If you or someone you know or care for has been injured as the result of a car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

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 child, I enjoyed may hours playing on swing sets and “jungle gyms.”  My brother and I would even eat our meals in these structures during the warm summer months (and save our mom from having to clean up if we dripped watermelon or spilled our drinks !).  So I was particularly interested when I received word that the Consumer Product Safety Commission (“CPSC”) had recalled children’s play sets made in China for Escalade Sports of Evansville, Indiana.

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.

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 »

Brain injury in sports can occur even without outward manifestation, such as bleeding, swelling of the skull, bruising of the skin or laceration. Sports medicine specialists who study head injury in athletics have long noted that it is the movement of the brain inside the hard, bony shell (the cranium) that often determines the nature and extent of the brain damage. Director of the Brain Injury and Sports Concussion Institute at the University of Virginia School of Medicine Jeffrey Barth has explained, “if [a player] is not expecting it, the head snaps on the neck [when struck].”  The Sports Illustrated Special Report Concussions concluded by noting that when an athlete is caught off guard or going the wrong way, even a minor blow to the head can be devastating.  This is because the speed at which the head snaps back and how long it takes to decelerate often determine whether an athlete will be concussed.  It the snapping of the head and neck is rapid enough, the player can lose consciousness momentarily, and suffer a concussion.

To entirely prevent or mitigate concussive head-snapping, athletes 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.