Your Rights as a Pedestrian Injured in a Construction Accident

Construction is part of daily life in cities. From building renovations to massive infrastructure projects, pedestrians often find themselves walking beside scaffolding, fencing, detour signs, and heavy machinery. While construction sites are common, they pose serious risks to pedestrians and cyclists who are trying to commute to work and live their lives. 

If you or a loved one were injured while walking or biking near a construction site, you may be entitled to compensation for your injuries. You have rights, and both construction companies and property owners can be held liable for your injuries. 

How Accidents Happen Near Construction Zones 

Because construction areas are hazardous environments, even for the trained professionals working inside them, they pose a large threat to pedestrians. This risk is heavily increased when proper safety precautions aren’t followed. 

Some of the most common causes of pedestrian injuries near construction sites include: 

• Falling debris from scaffolding, cranes, or upper-level work 
• Improperly secured fencing or barriers that collapse or shift into walkways 
• Vehicles and heavy machinery entering or exiting construction zones without warning 
• Trip and fall hazards such as exposed cables, uneven pavement, broken sidewalks, or temporary ramps 
• Blocked sidewalks that force pedestrians into the street without a safe alternative 
• Improper signage or lighting that leaves pedestrians unaware of hazards ahead 
• Slippery surfaces due to water, dust suppression, or spilled materials 

In densely populated areas like Manhattan, Brooklyn, Newark, or Jersey City, these risks are exacerbated by foot traffic, narrow sidewalks, and even fast-paced street activity from vehicles and bicycles. 

You Have Rights as a Pedestrian in New York and New Jersey 

As a pedestrian, you have the right to reasonably safe passage on public walkways, even if those walkways are near active construction zones. When construction activity encroaches on sidewalks, crosswalks, or bike lanes, the companies and property owners involved are legally obligated to make them reasonably safe for passage. 

In both New York and New Jersey, pedestrian rights are protected under a combination of local ordinances, state laws, and OSHA safety regulations. If a construction company fails to provide a safe environment and you’re injured as a result, you may have grounds to file a construction injury lawsuit. 

You do not need to be part of the construction crew or even step inside the work zone to have a valid claim. Simply being injured while walking or biking adjacent to the site is enough provided there is evidence that the site was negligently managed or maintained. 

What Protections Are You Guaranteed? 

Regardless of who is doing the work and where, pedestrian safety near construction zones is legally required. Depending on the work being done, property owners, general contractors, and subcontractors must follow specific safety rules. These include: 

• Sidewalk sheds and scaffolding to catch falling debris from overhead work 
• Clearly marked pedestrian detours that are safe, accessible, and properly illuminated 
• Barricades and fencing to keep unauthorized persons out of active work areas 
• Warning signs and cones to indicate hazards like open trenches or overhead work 
• Site inspections and maintenance to ensure walkways remain free of debris and trip hazards 
• Traffic control personnel or flaggers when construction vehicles are moving in or out of the area 

In New York City, the Department of Buildings (DOB) and Department of Transportation (DOT) have additional codes regulating how construction sites must interact with pedestrian areas. Violations of these codes can strengthen a pedestrian’s injury claim. 

Who Can Be Held Liable If You’re Injured? 

Who is responsible for your injuries? Who can be held liable? At Morelli Law, our personal injury team will help you identify the parties that can be held liable. This depends on the circumstances of your incident, as several parties may share legal liability. We will investigate all parties, including: 

• Construction Companies: Contractor or subcontractor must properly secure the work area, follow safety guidelines, and abide by municipal requirements. 
• Property Owners or Developers: Property owners have a duty to ensure that construction performed on their land does not endanger the public. If they hired an unsafe contractor or failed to enforce safety measures, they may be named in a lawsuit. 
• Government Entities: If the project is public (such as roadwork or city-sponsored developments), the city or municipality may be liable—though special procedures and time limits apply to claims against government agencies in both NY and NJ. 
• Equipment Manufacturers: If your injury was caused by defective equipment (such as a malfunctioning crane or broken fencing), the equipment manufacturer or maintenance provider may be partially at fault. 

Remember, You Also Have Responsibilities as a Pedestrian 

While construction companies bear the majority of legal responsibility for maintaining a safe environment, you, as a pedestrian, do have a duty to exercise reasonable care. It’s your responsibility to obey posted detour signs, not enter marked construction areas, avoid distractions like texting while walking, and stay within designated walkways and crosswalks whenever possible. However, even if you were partially at fault, you may still be entitled to compensation if other parties failed to follow the law or take reasonable steps to ensure your safety. 

Why You Should Act Quickly 

Timing is important in construction injury cases. Evidence can disappear, accident scenes change quickly, and in some cases (particularly those involving city-owned projects), you may have as little as 90 days to file a notice of claim. At Morelli Law Firm, we handle every aspect of the process, including preserving supporting evidence (security footage, incident reports, inspection records, and witness testimony).  

Injured Near a Construction Site? We Can Help 

Construction sites don’t have to be dangerous for pedestrians. If you’ve been injured due to unsafe conditions near a construction zone in New York or New Jersey, you have legal options. Our experienced injury attorneys understand local construction laws, municipal liability rules, and how to stand up to powerful construction companies and insurers. Whether you tripped on a neglected barrier or were struck by falling debris, we’re here to fight for the justice and compensation you deserve. Contact us today for a free, no-obligation case evaluation.