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.

• 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 !

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.

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.

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).

• 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.

Following recently passed legislation in Rhode Island — the School & Youth Programs Concussion Act Title 16-90-1 — coaches must hold a preseason meeting with athletes and their parents to discuss the symptoms and risks of concussions and traumatic brain injury. All players and parents must then sign a form acknowledging that they have been given this information. This season, any athlete who suffers a head injury in a practice or a game must be removed from competition. He or she may not return to play until they are evaluated by and receive written clearance from a licensed physician.

According to the National Federation of State High School Associations Sports Medicine Handbook, a concussion is a brain injury that occurs when a sudden blow to the head or to the body causes the brain to shake inside the skull. Common symptoms, which vary from person to person and may last for hours, days, weeks or even months, include:

• nausea,
• dizziness,
• ringing in the ears,
• prolonged or recurring headaches,
• fatigue,
• weakness or numbness,
• as well as difficulty seeing,
• concentrating or
• remembering things.

Once someone suffers a concussion, he or she is at an increased risk for further concussions. Although most concussions are mild, it is possible for a concussion that is not managed properly to lead to prolonged brain damage and even death. It is hoped that this educational program and information will lead to a reduction in the numbers of young athletes taken to the emergency rooms for treatment of traumatic brain injury and multiple concussions.