Filing a Personal Injury Lawsuit After Being Injured as a Pedestrian Near a Construction Site

pedestrian accident in new york

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Construction sites are dangerous by their very nature.

This is true not only for the workers on these sites, but also pedestrians who may be passing by on a daily basis. To that end, construction companies and general contractors must take certain steps to ensure these sites meet strict safety standards to prevent accidents from occurring.

Unfortunately, even though there are regulations in place, injuries still occasionally occur to pedestrians near construction sites. Two of the most common forms of pedestrian construction accidents is an injury caused by falling debris and an injury caused by tripping and falling over construction equipment or debris. There are many possible scenarios that could lead to falling debris injuries and other types of construction site injuries, but the following are a few of the most common:

Poor barricades: Pedestrians must be kept a reasonable distance from construction sites to prevent injuries caused by falling objects. There should be a “hard hat zone” within a certain distance from the construction site, and that area should be appropriately fenced or barricaded.

Poor or Non-Existent Pedestrian Walkway Coverings: Contractors have a responsible to build adequate pedestrian walkway covers, or bridges, to ensure the safety of pedestrians walking near the construction site.

Poor signage: If there is a lack of signage in the area, passersby might not realize construction is currently happening or that there is any risk of falling objects. There should be plenty of clear, visible signs marking construction zones and instructing anyone who passes through an access point to wear a hard hat.

Failure to inspect construction equipment: Sometimes, debris falls from construction sites because certain equipment was not in good condition. For example, some hooks or cords attached to cranes can wear down over time, becoming brittle and vulnerable to breaking. Construction companies must perform regular inspections of all their equipment to identify these vulnerabilities before they lead to serious accidents.

Failure to properly secure equipment and tools: Falling tools are some of the most common items to cause falling-object injuries. Workers frequently move hand tools from place to place, which means they are often left sitting unsecured. If a worker brings a tool overhead, he or she must properly secure it to prevent it from falling down on top of another worker or a pedestrian.

Succeeding in a personal injury claim after a pedestrian construction accident

You may be able to file a lawsuit against the construction company in charge of the site if you have suffered an injury from falling tools or debris. Unlike a construction worker, you are not covered by workers’ compensation insurance for construction site accidents, so your only route to being compensated for your injury is through legal action.

If you are to succeed in your case, you must be able to prove the following elements:

The construction company had a responsibility to keep the site reasonably safe

The construction company did not live up to that responsibility

That irresponsibility directly led to your injury

To learn more about how you can get the best result in your pedestrian construction accident lawsuit, contact an experienced personal injury attorney at Robinson & Yablon, P.C., serving Manhattan, Queens, Brooklyn and The Bronx. Our team is dedicated to getting you the compensation you deserve while you stay focused on recovering from your injury.

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