Double Amputee Blames Faulty Guardrail For His Severe Crash Injuries.

Posted on May 19, 2014 by gil hoy

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of highly experienced Boston personal injury lawyers with specialized expertise in nearly every area of Massachusetts personal injury law. Our Massachusetts personal injury attorney specialists have more than fifty years of experience recovering millions of dollars for injured clients. To discuss your case with an expert Boston attorney, please contact our law office, 24/7, at 617-787-3700 or by email info@gilhoylaw.com for your free and confidential consultation.

Jay Traylor was driving to his North Carolina home when he fell asleep at the wheel. He recalls coming to and seeing the guardrail come shooting through the floor panel of his Isuzu Trooper. He called 911 and told them, “I’m looking for help! I lost my legs in a wreck.” He was right. The accident sent the guardrail through the driver’s side floorboard, actually impaling Traylor. He was rushed to the hospital, but lost both his legs in the crash.

Now months after the crash, Traylor is filing a lawsuit against the manufacturer of the guardrails. Trinity manufactures guardrails throughout the United States, including in states as close as Rhode Island. His lawsuit alleges that the guardrail was defective and unreasonably dangerous and failed to work as intended. According to Traylor’s attorney, Trinity made certain design changes several years ago and failed to officially notify the Federal Highway Administration. These changes, the lawsuit claims, is what allowed this tragic accident to occur. Traylor is not the first plaintiff to file a lawsuit against the guardrail manufacturer alleging defective design.

Posted in Boston Car Accident Lawyer, Boston Car Crash Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer, Boston Product Liability Lawyer | Leave a comment

High Schooler Injured In Bus Accident Awarded $14 Million, But May Only Recover $500,000.

Posted on May 19, 2014 by gil hoy

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of some of the finest Boston personal injury lawyer experts that the Commonwealth of Massachusetts has to offer. Our Massachusetts bus accident personal injury attorney specialists have recovered millions of dollars for injured clients across Massachusetts. To discuss your potential claim and recoverable damages with an expert personal injury attorney, please contact our Boston law office, 24/7, at 617-787-3700 or by email at info@gilhoylaw.com.

Ashley Zauflik was only 17 years-old when she was crushed underneath a runaway Harrisburg, Pennsylvania school bus. The high school student suffered pelvic and leg injuries so severe that they eventually required the amputation of her left leg just above the knee. An investigation into the crash revealed the bus driver had been at fault—stepping on the accelerator when he meant to hit the brake.

The accident occurred in January of 2007, and by late 2011, the lawsuit had gone forward. The Pennsylvania jury awarded Ashley $14 million in damages. Unfortunately, however, Ashley may only be able to recover $500,000 thanks to a technicality limiting liability for local governments and school districts. The award reduction will be argued before the Pennsylvania Supreme Court this week to determine whether local governments and school districts should be granted limited liability, or whether they should be fully responsible for the damages caused.

Although Pennsylvania law has protected local government officials from full liability, with a $500,000 cap on liability damages, this case is far more nuanced. If the school district had outsourced and employed private bus companies, as many schools choose to do, there would have been full liability. But because Ashley was run over by a school bus owned by the school district, she is effectively stripped of her $14 million jury verdict. If the Pennsylvania Supreme Court decides to reverse the award reduction, that could mean real changes in liability law within the state.

Posted in Boston Bus Accident Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment

Children Are Being Injured By Lawn Mowers Far Too Often.

Posted on May 14, 2014 by gil hoy

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a group of outstanding Boston personal injury lawyers. Our Massachusetts attorneys offer expertise in nearly every type of personal injury law case. We have won millions of dollars for our injured clients. To learn more about your potential injury claim, please contact our expert Boston law office at 617-787-3700 or  email info@gilhoylaw.com.

More than 17,000 children are injured by lawn mowers every year across the United States. With spring here and summer on the horizon, teenagers are revving up the family lawn mower for the first time, and young children are asking for “lawn mower rides.” Maybe families are getting more accustomed to a new machine, but no matter the reason, accidents on lawn mowers are especially frequent during this time of year.

Just during the past month, several lawn mower accidents made the news. In one incident, a 2 year-old Florida girl lost both of her feet when her father accidentally backed over her with a riding lawn mower. In another, a 4 year-old boy in Tennessee suffered severe cuts to his arms and legs after he was run over by a lawn mower. In a third instance, a 2 year-old Maryland boy suffered critical injuries when the lawn mower he was riding with his grandfather overturned into a creek.

Most lawn mower accidents are completely preventable. Most accidents are caused by an adult user who fails to see or hear a young child in the grass. Keeping an eye on young children or making them wait inside while the lawn is being mowed can prevent this. Some other simple steps to avoid lawn mower accidents include:  limit operation to children older than twelve, teach children and teenagers safety tips and how to properly operate a mower, do not allow children to ride as passengers, and do not ride in reverse unless absolutely necessary. Following these simple precautions can prevent more lawn mower accidents.

Posted in Boston Negligence Lawyer, Boston Personal Injury Lawyer | Leave a comment