I Was a Bystander Injured in a Construction Site Accident. Who Pays?
If you’ve been injured while walking past a construction site or visiting a job site, you’re likely dealing with physical pain and emotional confusion. You weren’t working on the site; you were just in the wrong place at the wrong time.
Now, after being seen by a doctor and receiving necessary medical attention, you’re wondering what comes next. Who pays for your medical bills? How do you claim compensation? And where can you find support during this difficult time?
At The Perecman Firm, our Long Island construction accident lawyers understand the uncertainty and frustration of being an innocent bystander injured in a construction accident. New York City, Queens, and Long Island are filled with active construction zones, and while these projects help build our communities, they also come with risks that should not fall on you.
If you’ve been hurt, we’re here to help you through the legal process to hold responsible parties accountable and make sure you receive the compensation you deserve.
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How Do Bystander Construction Accidents Happen?
Bystander accidents on construction sites happen more often than you might think. Construction sites are filled with heavy machinery, materials, tools, and debris. While workers are typically familiar with the hazards, passersby and visitors are not, making them particularly vulnerable.
Some common scenarios where bystanders can get injured include:
Falling Debris: Construction involves working at heights, and tools, materials, or debris can fall unexpectedly. Even with netting and barriers in place, accidents still happen. A passerby could be hit by a falling object such as a hammer, brick, or construction materials.
Scaffolding Collapses: Scaffolding is common in New York’s urban areas. Anyone walking below or near the site could suffer severe injuries if the scaffolding collapses. In some cases, improper assembly or lack of maintenance is to blame.
Vehicle Accidents: Construction sites often have large trucks, bulldozers, and cranes operating nearby. These vehicles may back up or move unexpectedly, injuring pedestrians who are in the vicinity.
Explosions and Fires: Construction sites handle hazardous materials like gas lines or chemicals that, if mishandled, could lead to fires or explosions. If you’re nearby when this happens, you may suffer burns, respiratory issues, or even traumatic injuries from the blast.
Slips and Trips: Construction materials or debris sometimes spill over into public walkways, creating tripping hazards. As a pedestrian, you expect sidewalks to be safe, but if construction workers leave items like wires or tools unattended, you could trip and fall.
Unsafe Barriers: Many construction sites use temporary fences, cones, or caution tape to warn pedestrians of danger. However, these barriers aren’t always enough. If a barrier collapses or is improperly placed, it could result in someone getting too close to the site and sustaining an injury.
What Types of Injuries Might a Bystander Suffer on a NY Construction Site?
The types of injuries that a bystander might suffer in a construction accident in New York vary depending on the nature of the incident. Some common injuries include:
Head Injuries: Being struck by falling objects or debris can lead to serious head injuries, including concussions, skull fractures, or even traumatic brain injuries (TBI).
Spinal Cord Injuries: If you’ve been hit by heavy machinery or fallen debris, you may experience back injuries or spinal cord trauma, which could result in paralysis or long-term disability.
Broken Bones: Fractures are common in accidents involving falls, being struck by objects, or collisions with construction vehicles.
Burns: Fires or explosions on construction sites can lead to severe burns that require extensive medical treatment and rehabilitation. You may also suffer chemical burns from toxic substances on the job site.
Cuts and Lacerations: Sharp objects like metal rods, glass, or tools can cause deep cuts, which might require stitches or lead to infections.
Internal Injuries: Some accidents can result in damage to internal organs, particularly if a person is struck by a heavy object or involved in a vehicle collision.
No matter the injury, these accidents often leave victims with physical pain, emotional trauma, and mounting medical bills. But who is responsible for compensating you for these injuries?
Who Is Liable for Your Injuries?
After a construction site accident, the next big question is: Who pays for your injuries? The answer to this can depend on several factors, including where the accident happened, who was at fault, and the laws governing construction safety in New York.
Here are a few potential parties that could be responsible:
Construction Companies: The primary responsibility for keeping a construction site safe falls on the construction company. They are required to follow strict safety regulations, including putting up proper barriers, using safety nets, and ensuring that workers are trained. If they failed in their duty to maintain a safe environment and you were injured as a result, they could be held liable.
Property Owners: In some cases, the property owner where the construction is taking place can be held liable, especially if they were aware of unsafe conditions and did nothing to correct them.
Contractors or Subcontractors: If a specific contractor or subcontractor was negligent in their duties—whether by improperly installing scaffolding, failing to secure equipment, or not following safety protocols—they could be responsible for your injuries.
Equipment Manufacturers: If your injury was caused by faulty machinery or equipment, the manufacturer of that equipment might be held accountable for producing a defective product.
Government Entities: In rare cases, a government agency may share some responsibility if the accident occurred on a public site or involved improper road closures or warnings.
Premises Liability Law in Construction Site Accidents
As mentioned above, property owners are responsible for maintaining safe conditions on their premises. This responsibility falls under an area of law known as premises liability.
In New York, property owners owe a duty of care to anyone legally on their property, including pedestrians and visitors. They must take reasonable steps to ensure the area is safe or provide clear warnings about potential dangers.
When they fail to do so, and an injury occurs, the injured party may be entitled to compensation for medical expenses, lost wages, and pain and suffering. For example, if a pedestrian is walking near a construction site and is struck by falling debris because the area wasn’t properly fenced or warning signs were not posted, the property owner could be held responsible under premises liability law.
In these cases, New York’s general personal injury laws also apply, allowing the injured bystander to pursue a claim for damages. This intersection of premises liability and personal injury law makes it essential for injured bystanders to seek legal representation.
A knowledgeable lawyer can determine whether the property owner, construction company, or another party should be held liable, ensuring the injured person’s rights are protected and they receive fair compensation.
What to Do After a Bystander Construction Accident
If you’ve already left the construction site and seen a doctor for your injuries, you’ve taken important steps toward recovery. But now, the next step is determining how to report the accident and seek compensation. Here’s what you need to do:
Contact a Construction Accident Lawyer: You do not have to understand the legal process of securing compensation for your construction accident injury. This process can be complicated, involving multiple potentially liable parties, and requiring an understanding of complex rules and regulations. A personal injury lawyer with experience in construction accidents can help you file claims, negotiate with insurance companies, and hold the right parties accountable.
Tell Your Lawyer What to Look For: Your legal team can take pictures of where the accident happened, including any barriers, signs, or debris that might have contributed to the incident. They will track down witnesses and ask if they would be willing to provide a statement. Provide your lawyer with any information you could collect at the scene, but don’t worry if you didn’t think to do this.
Report the Accident: Even though you weren’t a worker, it’s still important to report the accident to the construction company or property owner. This creates a record of the event and could help support your claim later.
Keep Medical Records: Make sure to keep all records of your medical treatment, including emergency room visits, follow-up appointments, and bills. This will be important for your lawyer when calculating the cost of your damages.
How Can The Perecman Firm Help You?
At The Perecman Firm, we’ve spent decades fighting for victims of construction accidents in New York. We know how overwhelming it can be to recover from serious injuries while trying to understand your legal options. That’s why we’re here to take the burden off your shoulders.
Investigating Your Case: We dig deep into the details of your accident to uncover who was at fault—whether it’s the construction company, a subcontractor, or another entity. Our team can gather evidence and examine construction records to build a strong case for you. We are comfortable visiting the job site where the accident happened, and our construction accident attorneys won’t be intimidated when digging for information to prove your claim.
Helping You Recover Full Compensation: Construction companies and their insurers often try to minimize payouts to victims. But at The Perecman Firm, we fight to secure the maximum compensation for your injuries, including medical expenses, lost wages, pain and suffering, and future care needs.
Providing Support and Guidance: We understand that dealing with legal matters after an injury can be stressful. Our attorneys are approachable, compassionate, and dedicated to keeping you informed every step of the way. You’ll never feel like just another case number with us. We’re here to answer your questions and provide the support you need to focus on your recovery.
What Compensation Can You Expect?
As an injured bystander, you may be entitled to various forms of compensation, depending on the severity of your injuries and the circumstances of the accident. This can include:
Medical Bills: Your compensation can cover medical costs associated with your injury, including emergency care, hospital stays, surgeries, medications, and rehabilitation.
Lost Income: If your injury has caused you to miss work or reduced your ability to earn a living, you may be entitled to compensation for lost wages and future earning potential.
Pain and Suffering: Serious injuries can have long-term physical and emotional effects. You may be entitled to compensation for the pain, distress, and loss of enjoyment of life resulting from the accident.
Disability and Long-Term Care: If a catastrophic injury results in a permanent disability, you may receive compensation to cover the cost of future care or accommodations required for your condition.
New York Laws and Your Claim
New York has specific laws governing construction sites and personal injury claims. For example, New York Labor Law Section 240 and Section 241 provide special protections to those injured by falling objects or dangerous conditions at construction sites.
While these laws primarily protect workers, they can also be relevant to bystanders injured in construction accidents. Understanding how these laws apply to your case can significantly impact your claim, which is why having an experienced attorney is so important.
Additionally, New York’s statute of limitations for personal injury claims is typically three years from the date of the accident. However, the sooner you contact a lawyer, the better. Evidence can disappear, and witnesses’ memories can fade, so acting quickly is important to preserve your rights.
Contact The Perecman Firm Today for a Free Consultation
David H. Perecman, Long Island Construction Accident Attorney
If you or a loved one has been injured as a bystander in a construction site accident, don’t wait to seek legal help. The Perecman Firm has represented construction accident victims for over 40 years, and we have the experience and resources to fight for your rights.
We understand the emotional and physical toll these accidents take and are here to help you get back on your feet. Our Long Island personal injury lawyers are dedicated to ensuring that innocent bystanders like you receive full and fair compensation for their injuries.
Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Long Island office in Jericho at 516-268-0130. You can also contact us online. Let us start fighting for you.
The post I Was a Bystander Injured in a Construction Site Accident. Who Pays? appeared first on The Perecman Firm, P.L.L.C..
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