Construction zones are a common sight in New York City, and they can also pose serious hazards for pedestrians. If you or a loved one was injured while walking near a construction site, you may be entitled to compensation. Knowing your legal rights and the steps to take after a pedestrian construction site accident can help protect your health and strengthen your personal injury claim.
Common Hazards Pedestrians Face Near NYC Construction Sites
Walking near an active construction zone in New York City exposes pedestrians to a variety of risks, including:
- Falling debris from scaffolding or upper floors
- Uneven or obstructed sidewalks
- Open trenches or improperly marked holes
- Cranes, forklifts, or other heavy machinery operating near walkways
- Poorly lit areas or insufficient signage
- Tools or materials left in pedestrian paths
Even if you’re paying attention, these dangers can cause severe injuries. New York law requires that safety precautions for pedestrians be implemented around construction sites. When companies fail to do so, they may be held legally liable for your injuries.
Who May Be Liable in a Pedestrian Construction Accident?
Multiple parties can potentially be held responsible for pedestrian injuries near construction sites in New York. Depending on the circumstances, liability may fall on:
The Construction Company: They have a duty to follow city and state safety regulations, including maintaining safe walkways and posting clear warnings.
Property Owners or Developers: If they failed to secure the premises or supervise the contractor properly, they may share responsibility. In fact, under New York City Administrative Code §7-210, property owners have a legal obligation to maintain sidewalks adjacent to their premises in a reasonably safe condition. If they fail to do so and someone is injured due to a defect like broken pavement or ice, they can be held liable.
Third-Party Contractors or Subcontractors: If their negligence led to an unsafe condition that caused your injury, they may be liable.
City or Municipal Agencies: If the city is overseeing the project and has failed to maintain adjacent sidewalks or lighting, it can be held liable. Note that, in this instance, a Notice of Claim must be filed within 90 days of the incident.
Determining who is at fault is complex, but Morelli Law Firm has extensive experience investigating construction site accidents and pursuing every responsible party.
What to Do Immediately After a Pedestrian Injury at a Construction Site
Taking quick and thorough action after an injury can help your recovery and legal case:
- Seek Medical Attention Immediately. Even if injuries seem minor, get checked by a doctor to document your condition.
- Document the Scene. Take photos or videos of where the incident happened, including any hazards, lack of signage, or dangerous materials.
- Get Witness Information. If anyone saw what happened, ask for their contact information. Their account of the incident could be vital.
- File an Incident Report. Notify the construction site or property manager about the incident in writing.
- Preserve Evidence. Keep the clothing and shoes you were wearing, especially if they were damaged or affected by the hazard.
- Avoid Speaking to Insurance Adjusters Alone. Their goal is to minimize your claim. Speak to a lawyer first.
- Contact a New York Construction Accident Lawyer Promptly. The sooner you speak with an attorney, the better your chances of gathering strong evidence and meeting all legal deadlines.
What You Can Recover After Being Injured Near a Construction Site?
If you were injured due to construction site negligence, you may be able to recover damages for:
- Medical expenses (emergency care, rehab, ongoing treatment)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress or PTSD
- Permanent disability or disfigurement
- Out-of-pocket expenses
In cases involving public agencies, special rules apply, including a 90-day deadline to file a Notice of Claim. A personal injury attorney can help ensure you meet all procedural requirements.
Contact a New York Pedestrian Injury Lawyer Today
Pedestrian injuries near construction sites can be catastrophic. Morelli Law Firm has the experience and resources to take on construction companies, property owners, and even city agencies. We thoroughly investigate each case, gather key evidence, and pursue the full compensation you deserve.
If you or a loved one has been hurt in a pedestrian accident near a construction zone in New York, contact Morelli Law today for a free consultation. We’ll explain your rights and help you take the next steps to protect your health, your family, and your future.
